2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000104)

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Petition for Declaratory Ruling, and on March 27, 2024, filed its Supplement to Petition for Declaratory Ruling, (collectively, "Petition") requesting declaratory rulings from the Planning Director. 2. On April 29, 2024, the Planning Director Oceanside objects to Proposed FOF 2 on the issued Zendo Kern, Planning Director, County grounds that is does not reflect that the Planning of Hawaii's Declaratory Order in the Matter of Director's Declaratory Order issued on April C&J Coupe Family Limited Partnership, 29, 2024 ("Declaratory Order") included Petitioner, Docket No. 24-0001 ("Order") in Exhibits A-C. response to the Petitions. 3. On May 28, 2024, 1250 Oceanside LLC Oceanside objects to Proposed FOF 3 on the ("Appellant") filed its General Petition for grounds that it does not accurately reflect the Appeal of Decisions by Planning Director or filing made by Oceanside on May 28, 2024, Public Works Director("Appeal") with the which included Oceanside's Exhibits 1-11. Board of Appeals, County of Hawai'i ("Board") appealing the Planning Director's issuance of the Order. 4. Appellant's Appeal sought to modify the n/a Order or have the Order remanded to the Planning Director to correct alleged errors. 5. On July 3, 2024, C&J Coupe Family Limited n/a Partnership ("Intervenor") filed its Petition to Intervene in General Petition for Appeal of Decision by the Planning Director ("Petition to Intervene"). 6. On July 15, 2024, Appellant filed its Position n/a Statement on Petition to Intervene in General Petition for Appeal of Decision by Planning Director, dated July 3, 2024. 7. On July 17, 2024, the County filed its County n/a of Hawaii Planning Director's Statement of No Position to Petition to Intervene in General Petition for Appeal of Decision of Planning Director, dated July 3, 2024. 8. A hearing on the Petition to Intervene was n/a held on August 9, 2024, at which the Board approved the Petition to Intervene. 9. On October 11, 2024, the Board heard oral Oceanside objects to Proposed FOF 9 on the arguments and presentation of evidence and grounds that it does not specify that the BOA's testimony on the Appeal at the West Hawai`i hearing on October 11, 2024, was a contested Civic Center with all Board Members present in case hearing pursuant to BOA Rule 8-11, Part 3 person. Michael Kaleihoku Vitousek, Manager of the BOA Rules, and HRS ch. 91. of Land and Development of 1250 Oceanside LLC, Derek B. Simon, Esq., and Ian R. Wesley- Oceanside further objects to Proposed FOF 9 on Smith, Esq. appeared on behalf of Appellant. the grounds that it fails to reflect that Deputy 4 4860-2001-2538.2.051730-00058