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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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Statutes ("HRS"). This appeal came for oral argument on June 10, 2025, at 2:30 p.m. <br /> before the Honorable Kauanoe A. D. Jackson, Judge of the above-entitled Court. <br /> Michael Kaleihoku Vitousek, Manager of Land and Development of 1250 Oceanside <br /> LLC, Patrick K. Wong, Esq., and Derek B. Simon, Esq. (via Zoom) appeared for <br /> Appellant 1250 OCEANSIDE, LLC ("Oceanside"). Deputy Corporation Counsel Demetri <br /> G. Lametti appeared for Appellee BOARD OF APPEALS OF THE COUNTY OF <br /> HAWAI'I ("BOA") and Appellee-Appellee JEFFREY DARROW, PLANNING DIRECTOR, <br /> COUNTY OF HAWAII ("Director", and collectively with the Board "County Appellees"). <br /> Kenneth R. Kupchak Esq., Mark M. Murakami, Esq., and Katie T. Pham, Esq. (via <br /> Zoom) appeared for Appellee-Appellee C & J COUPE FAMILY LIMITED <br /> PARTNERSHIP ("Coupe"). <br /> This Court has reviewed and considered the parties' briefs and filings, the <br /> Record on Appeal ("ROA"), and the parties' oral arguments. Based on the foregoing, the <br /> Court hereby enters the following Findings of Fact and Conclusions of Law VACATING <br /> AND REMANDING the BOA's Decision and Order in PL-BOA-2024-000104 for <br /> noncompliance with HRS § 91-12. <br /> FINDINGS OF FACT <br /> The Court makes the following findings of fact. To the extent that these findings <br /> of fact contain conclusions of law, they shall be so considered. <br /> Factual Background <br /> 1. Hokuli'a is a master-planned community located in Kealakekua, Hawai'i <br /> ("Project") originally developed by 1250 Oceanside Partners ("Original Developer"). See <br /> 2 <br />
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