2025-08-18 3CCV-25-0000025 Findings of Fact, Conclusions of Law, and Order Vacating and Remanding to BOA (PL-BOA-2024-000104)

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31. The BOA held a hearing on Oceanside's appeal on October 11, 2024. Dkt. 137, ROA at 4656-4661 (minutes); Dkts. 137-138, ROA at 4665-4715 (transcript). 32. At the hearing, the BOA heard oral arguments by counsels, received exhibits and heard testimony from witnesses. Dkt. 137, ROA at 4658-4660. 33. At the conclusion of the hearing, the BOA voted to affirm the Declaratory Order and instructed the Director to prepare a proposed "order," which would be considered for adoption at the BOA's meeting scheduled for December 13, 2024. Dkt. 137, ROA at 4660 (minutes); Dkt. 138, ROA at 4712-4715 (transcript). 34. On November 22, 2024, Oceanside informed the BOA of its belief that the Director's Proposed Decision and Order did not comply with HRS § 91-12, and requested a continuance to the BOA's next scheduled meeting so the parties could have additional time to review the record and submit their own proposed decisions and orders, supplemental findings of fact and conclusions of law, and objections. Dkt. 139, ROA at 4749-4751. 35. The BOA denied Oceanside's request, but provided additional time to submit objections to the Director's Proposed Decision and Order. Id., ROA at 4751. 36. On December 3, 2024, Oceanside filed its Objections to the Director's Proposed Findings of Fact, Conclusions of Law, Decision and Order ("Objections to Proposed Decision and Order"), which included 34 proposed findings of fact and 16 proposed conclusions of law. Dkt. 140, ROA at 4767-4786. The BOAs' Decision and Order 37. On December 13, 2024, the BOA held a public meeting at which it voted to adopt the Director's Proposed Decision and Order as its final decision, subject to 15