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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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10. On March 31, 2023, Coupe filed suit in the Circuit Court of the Third <br /> Circuit, State of Hawai'i, entitled C & J Coupe Family Limited P'Ship v. County of <br /> Hawaii, Civil No. 3CCV-23-0000123 ("2023 Lawsuit"), alleging Oceanside failed to <br /> comply with, and the County failed to enforce, the Ordinances, which require dedication <br /> of the Makai Haleki'i Extension and the Connector Road to the County. <br /> 11. On September 15, 2023, the Circuit Court stayed the 2023 Lawsuit, and <br /> required Coupe to seek a declaratory ruling from the County Planning Director <br /> regarding Oceanside's compliance with the Ordinances and the Development <br /> Agreement. Dkt. 49, ROA at 1266 (Order Granting in Part County Defendants' Motion to <br /> Dismiss the Complaint for Declaratory and Injunctive Relief, filed March 31, 2023 [Dkt.l], <br /> Filed March 25, 2023 [Dkt. 21], and Staying Proceedings Pending Referral to County of <br /> Hawai'i Planning Department, filed January 19, 2024). <br /> Coupe's Petition for a Declaratory Ruling <br /> 12. Coupe filed a Petition for a Declaratory Ruling ("Initial Petition") with the <br /> Planning Department on February 7, 2024, and supplemented that petition by filing with <br /> the Planning Department a Supplement to Petition for Declaratory Ruling, Submitted on <br /> March 27, 2024 ("Supplemental Petition" and, collectively with the Initial Petition, the <br /> "Petition"). Dkts. 19-20, ROA at 0101-0125; Dkts. 36-37, ROA at 0795-0806, <br /> respectively. <br /> 13. In the Initial Petition, Coupe posed ten (10) requests to the Director. Dkts. <br /> 19-20, ROA at 0101-0125. <br /> 14. The requests in the Initial Petition were: <br /> 5 <br />
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