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Phone: (808) 961-8251 <br /> Fax: (808) 961-8622 <br /> Email: sylviaa.wan(a>.hawaiicounty.gov <br /> CONFIDENTIALITY: The information contained in this message is intended for the sole designated recipient(s) and may <br /> contain privileged and confidential attorney-client communication(s). If you are not the person named above NOTICE IS <br /> HEREBY GIVEN that you are STRICTLY PROHIBITED from reading,reviewing, disseminating and/or copying this <br /> document. Please notify this office immediately if you have received this message in error and please delete this e-mail <br /> and destroy any hard copy that may have been inadvertently printed. THANK YOU. <br /> From: Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov> <br /> Sent: Monday, November 25, 2024 9:33 AM <br /> To: Derek B. Simon <dsimon@carlsmith.com>; 'Mark M. Murakami' <mmm@hawaiilawyer.com>; Planning Board of <br /> Appeals<boardofappeals@hawaiicounty.gov> <br /> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth R. Kupchak<krk@hawaiilawyer.com>;Toren K. <br /> Yamamoto<tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley- <br /> smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com>; Hirayama, Emily <br /> <Emily.Hirayama@hawaiicounty.gov> <br /> Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104& 105) <br /> Hi all, <br /> I will offer one final observation and leave the decision to Chair Lewis. All the deadlines we are discussing were <br /> set back on October 11'. There is nothing last minute about this process or the upcoming deadline. The Board <br /> normally allows only one week for the review of FOFCOLD&Os but in this case allowed two. Had 1250 wanted to <br /> provide their own draft,they have had 6 weeks to prepare and submit their alternative. <br /> Aloha, <br /> Jean <br /> From: Derek B. Simon <dsimon@carlsmith.com> <br /> Sent: Monday, November 25, 2024 9:10 AM <br /> To: 'Mark M. Murakami' <mmm@hawaiilawyer.com>; Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; Planning <br /> Board of Appeals<boardofappeals@hawaiicounty.gov> <br /> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth R. Kupchak<krk@hawaiilawyer.com>;Toren K. <br /> Yamamoto<tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley- <br /> smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com> <br /> Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104& 105) <br /> Chair Lewis: <br /> Oceanside respectfully disagrees with the Planning Director's (and apparently Intervenor's)view of the purpose and <br /> requirements of Proposed Findings of Fact, Conclusions of Law, and Orders. <br /> HRS§91-12 requires that"[e]very decision and order adverse to a party to the proceeding, rendered by an agency in a <br /> contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and <br /> conclusions of law." "The requirement that the [agency] set out findings of fact and conclusions of law is no mere <br /> technical or perfunctory matter. The purpose of the statutory requirement that the agency set forth separately its <br /> findings of fact and conclusions of law is to assure reasoned decision making by the agency and enable judicial review <br /> 3 <br />