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

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cases be established with reference to the agency rules themselves, or by reading the statute and the agency rules in tandem." Citizens Against Reckless Dev. v. Zoning Bd. of Appeals of City & Cnty. of Honolulu, 114 Haw. 184, 194-95, 159 P.3d 143, 153-54 (2007) ("CARD") (emphases added). In other words, the Planning Director's discretion in considering and disposing of petitions for declaratory rulings is circumscribed by PD Rule 3, and when the Planning Director acts outside of the boundaries of PD Rule 3, he commits clear error and acts without discretion, arbitrarily and capriciously, and in violation of the law. See id. ("In this case, DPP Rule § 3-5 governs DPP refusals to issue a declaratory ruling, making that decision discretionary with the DPP Director, within the parameters of five enumerated reasons.") (emphasis added). 3. Hawai`i County Code ("HCC") Section 25-2- n/a 23 [Standard of Review], provides that: The board of appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. 4. Board of Appeals Rules of Practice and n/a Procedures, Rule 8-4(4) requires that a general petition for an appeal must include: A statement explaining: (A) How the decision appealed from violates the law; or (B) How the decision appealed from is clearly erroneous; or (C) How the decision appealed from was 6 4860-2001-2538.2.051730-00058