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1) Determine whether the Planning Director has the authority to determine <br /> — under the HRS, Hawaii Charter, County Code, and the Development <br /> Agreement—whether Oceanside is currently in compliance with the terms <br /> of the Development Agreement. <br /> 2) Determine whether the Planning Director has the authority — under <br /> HRS, Hawaii Charter, County Code, and Development Agreement—to <br /> determine material breaches of the Development Agreement. <br /> • 3) Determine which county official, if any, has the power to excuse a <br /> breach of the Development Agreement. <br /> • 4) Whether Oceanside has, within the timeframe allotted, completed the <br /> following: a) designed and constructed/built the roads required under the <br /> Development Agreement and Incorporated Ordinances; and b) dedicated <br /> the roads required under the Development Agreement and Incorporated <br /> Ordinances. <br /> 5) Whether Resolution No. 317-12 ("Resolution") and the Variance 10-027 <br /> ("Variance") improperly amended the Development Agreement and <br /> Incorporated Ordinances. <br /> 6) Whether Variance is unlawful, impermissible, and not authorized under <br /> Hawaii law. <br /> ■ 7) Whether Petitioner received notice of the Variance, as required under <br /> the express dictate of County law. <br /> 6 <br />