2025-10-28 3CCV-25-0000025 Final Judgment on Appeal (PL-BOA-2024-000104)

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FINAL JUDGMENT ON APPEAL On January 17, 2025, Appellant 1250 Oceanside, LLC ("Oceanside") filed its Notice of Appeal from the Findings of Fact, Conclusions of Law, Decision and Order entered by Appellee County of Hawai`i Board of Appeals ("BOA") in Docket No. PL-BOA-2024-000104 ("BOA Decision and Order"). Dkt. 1. In its appeal, Oceanside asserted that the BOA Decision and Order should either be remanded for failing to comply with Haw. Rev. Stat. ("HRS") § 91-12 or reversed on the substantive merits. On August 18, 2025, the Court entered its Findings of Fact, Conclusions of Law, and Order Vacating and Remanding the Board of Appeals Findings of Fact, Conclusions of Law and Order, a copy of which is attached hereto as Exhibit 1 ("FOF/COL"). Dkt. 175. In its FOF/COL, the Court vacated the BOA Decision and Order for failing to comply with HRS § 91- 12, and remanded the matter back to the BOA to adopt a new decision and order that complies with HRS § 91-12. The Court did not reach the merits of Oceanside's substantive challenges to the BOA Decision and Order. All claims against all parties have been resolved as set forth in the FOF/COL, and this matter is remanded to the BOA for further proceedings pursuant to the FOF/COL. To the extent that it may be construed that there are any other claims not addressed by this judgment or the FOF/COL, they are dismissed without prejudice. Pursuant to Rules 58 and 72(k) of the Hawai`i Rules of Civil Procedure and the FOF/COL, final judgment is hereby entered in favor Oceanside and against all appellees (BOA; Scott Trefethen, in his official capacity as Chairman of the BOA; Planning Department, County of Hawai`i; Jeffrey Darrow, in his official capacity as Director of the Planning Department, County of Hawai`i;`C &J Coupe Family Limited Partnership). 4935-6687-3185.1.051730-00058 3