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would only serve to confuse and complicate the issues the Circuit Court will need to resolve on <br /> further appeal. <br /> B. THE PROPOSED DECISION AND ORDER DOES NOT COMPLY WITH HRS <br /> 9 1-12. <br /> On August 18, 2025, the Circuit Court entered its Findings of Fact, Conclusions of Law, <br /> and Order Vacating and Remanding the Board of Appeals Findings of Fact, Conclusions of Law, <br /> Order in Civil No. 3CCV-25-0000025 ("Remand Order"). Exhibit A. In its Remand Order, <br /> the Circuit Court ruled that Oceanside's appeal of the Declaratory Order was a contested case <br /> hearing such that the BOA was required to comply with HRS § 91-12. Id. at 23, ¶15. <br /> The Circuit Court further ruled that the BOA's prior Findings of Fact, Conclusions of <br /> Law, Decision and Order dated December 16, 2024 ("Prior Decision and Order"), failed to <br /> comply HRS § 91-12 because, inter alia: (a) "the BOA did not make reasonably clear findings <br /> of fact sufficient to support its decision to affirm the Declaratory Order;" and (b) "the BOA did <br /> not make sufficient conclusions of law to support its decision to affirm the Declaratory Order, <br /> including in that it does not set forth the authorities relied upon to affirm the Declaratory Order <br /> other than simply quoting HRS § 91-8, PD Rule 3, and the BOA's standard of review." Id. at 25, <br /> ¶26; id. at 26, ¶32. As a result, the Circuit Court vacated the BOA's Prior Decision and Order <br /> and remanded Oceanside's appeal to the BOA to adopt a new decision and order that complies <br /> with HRS § 91-12. Id. at 27. <br /> HRS § 91-12 requires, in pertinent part, that "[e]very decision and order adverse to a <br /> party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in <br /> the record and shall be accompanied by separate findings of fact and conclusions of law." <br /> (Emphasis added). The Hawaii Supreme Court has explained that "[t]he requirement that the <br /> [agency] set out findings of fact and conclusions of law is no mere technical or perfunctory <br /> 3 <br /> 4906-3356-8652.1.051730-00058 <br />