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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subdivision agreements due to its failure to timely construct the required improvements and the invalidity of the bonds it provided to the County. Dkt. 17, ROA at 0033-0039. 7. On January 31, 2011, the County's Planning Department issued Variance 10-027 at the Original Developer's request, providing, inter alia, variances from Chapter 23 of the Hawaii County Code ("HCC") related to the construction of the Mauka Haleki'i Extension, the Makai Haleki'i Extension, and the Connector Road (all defined below) ("Variance 10-027"). Dkt. 32, ROA at 0617-0624. Variance 10-027 has not been the subject of an appeal or other subsequent legal challenge (except to the extent it is at issue in the 2023 Lawsuit (defined below)). 8. In 2012, 1250 Oceanside, LLC ("Oceanside," or "Appellant") acquired the Original Developer's outstanding loans and took over the Project. Dkt. 17, ROA at 0021. Over the years, the Mamalahoa Bypass Road ("Bypass"), Haleki'i Street and portions of subdivision improvements were constructed. The property underlying the Bypass was conveyed to the County and the Hawaii County Council accepted the extension of Haleki'i Street to the mauka side of the Bypass ("Mauka Haleki'i Extension") through dedication pursuant to County Resolution No. 317-12, adopted November 9, 2012. Id. 9. To date, the extension of Haleki'i Street through the Project ("Makai Haleki'i Extension") and the roadway stub-outs running north-south from the Makai Haleki'i Extension to the adjacent north and south properties ("Connector Road," and collectively with the Makai Haleki'i Extension, sometimes referred to herein as the "Roadways") have not been dedicated to the County. Dkt. 17, ROA at 0030; Dkt. 146, Appellant 1250 Oceanside, LLC's Opening Brief("OB"), at 7. Coupe's Original Lawsuit 4