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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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PL-BOA-2024-000104 1250 Oceanside, LLC (PD)
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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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certain amendments made at the meeting. Dkt. 141, ROA at 4807-4810 (minutes); id., <br /> ROA at 4815-4823 (transcript). <br /> 38. The BOA did not include or rule on any of the proposed findings of fact <br /> and conclusions of law submitted in Oceanside's Objections to Proposed Decision and <br /> Order. Id. <br /> 39. The BOA served Oceanside with the Decision and Order on December <br /> 18, 2024. Id., ROA at 4824-4829 (Findings of Fact, Conclusions of Law, Decision and <br /> order on Coupe's Petition for Declaratory Order). <br /> 40. In the Decision and Order, the BOA made the following ten findings of fact <br /> ("FOF"): <br /> • 1) On February 7, 2024, C & J Coupe Family Limited Partnership <br /> ("Intervenor") filed its Petition for Declaratory Ruling, and on March 27, <br /> 2024, filed its Supplement to Petition for Declaratory Ruling, (collectively, <br /> "Petition") requesting declaratory rulings from the Planning Director. <br /> • 2) On April 29, 2024, the Planning Director issued Zendo Kern, Planning <br /> Director, County of Hawai'i's Declaratory Order in the Matter of C& J <br /> Coupe Family Limited Partnership, Petitioner, Docket No. 24- 0001 <br /> ("Order") in response to the Petitions. <br /> • 3) On May 28, 2024, 1250 Oceanside LLC ("Appellant") filed its General <br /> Petition for Appeal of Decisions by Planning Director or Public Works <br /> Director ("Appeal") with the Board of Appeals, County of Hawai'i ("Board") <br /> appealing the Planning Director's issuance of the Order. <br /> 16 <br />
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