2026-02-09 1250 Oceanside LLC Objection to Proposed Amended FOF, COL, D&O (PL-BOA-2024-000104)

Home

specifics desired by the Appellant. issues raised by Oceanside in its separate appeal under Case No. PL-BOA-2024-000105, which concerns Oceanside's Petition for Declaratory Ruling. Specifically, the Declaratory Order at issue in this appeal did not address "the questions raised by the Appellant" (i.e., Oceanside). Those "questions"were raised by Coupe, not Oceanside. Oceanside further objects to Proposed COL 11 on the grounds that it misstates the grounds for Oceanside's appeal of the Declaratory Order. As the Circuit Court found in its Remand Order, Oceanside's appeal to the BOA"did not only concern the Declaratory Order lacking `the level of clarity desired by' Oceanside." See Exhibit A at 25-26, ¶29. 12. Having considered the testimony and For the reasons set forth in Oceanside's Petition evidence provided, including the for Appeal and its Hearing Brief, as well as the submitted exhibits, the Board evidence, testimony, and argument adduced at unanimously concluded that in issuing the hearing, all of which is hereby incorporated his Order, the Planning Director in by reference, Oceanside objects to Proposed issuing the order did not clearly err, was COL 12 on the grounds that the BOA's decision not arbitrary or capricious, nor did he to affirm the Declaratory Order goes against the abuse his discretion. Therefore, the weight of the evidence and applicable law, and Board affirmed Zen do Kern, Planning constitutes reversible error. Director, County of Hawai`i's Declaratory Order in the Matter of C & J Coupe Family Limited Partnership, Petitioner, Docket No. 24-0001. DATED: Honolulu, Hawaii, February 9, 2026. ls/Derek B. Simon PATRICK K. WONG DEREK B. SIMON IAN R. WESLEY-SMITH Attorneys for 1250 OCEANSIDE, LLC 17 4906-3356-8652.1.051730-00058