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(A)How the decision appealed from violates the law; or <br /> (B)How the decision appealed from is clearly erroneous; or <br /> (C)How the decision appealed from was arbitrary and capricious, or characterized by <br /> an abuse of discretion or clearly unwarranted exercise of discretion. <br /> 5. The Director acted within his jurisdiction when the Director addressed the posed <br /> questions in the Order. <br /> 6. The Order correctly identified issues outside the Director's jurisdiction and <br /> discretion. <br /> 7. The Order sufficiently addressed the questions raised by the Appellant even <br /> though the Order did not reflect the specifics desired by the Appellant. <br /> 8. Appellant's argued lack of clarity and/or specifics in the Director's responses, but <br /> that did not meet the burden required for modifying or remanding the Planning Director's <br /> decision <br /> 9. Having considered the testimony and evidence provided, the Board unanimously <br /> concluded that in issuing his Order, the Planning Director Zendo Kern did not clearly err, was <br /> not arbitrary or capricious, nor did he abuse his discretion. Therefore, the Board affirmed Zendo <br /> Kern, Planning Director, County of Hawaii's Declaratory Order in the Matter of C&J Coupe <br /> Family Limited Partnership, Petitioner, Docket No. 24-0001. <br /> DECISION AND ORDER <br /> Based on its consideration of the evidence and argument presented at hearing, including <br /> the Record on Appeal, the documents on file herein, and applying the reliable probative evidence <br /> and law, the Board hereby Orders as follows: <br /> The Planning Director's April 29, 2024, Zendo Kern, Planning Director, County of <br /> Hawaii's Declaratory Order In the Matter of C&J Coupe Family Limited Partnership, Petitioner, <br /> Docket No. 24-0001 is AFFIRMED. The above-captioned Board of Appeals case is dismissed <br /> with prejudice in its entirety. <br /> 4 <br />