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sufficient to support its decision to affirm the Declaratory Order" or "sufficient conclusions of <br /> law to support its decision to affirm the Declaratory Order." Exhibit A at 25, ¶26; id. at 26, ¶32. <br /> For example, the Proposed Decision and Order's new FOFs vaguely describe that testimony and <br /> exhibits were received, but generally dismisses both without providing what the Circuit Court <br /> deemed "the necessary insight into how the BOA reconciled the evidence received as part of the <br /> contested case hearing." ' See, e.g., Proposed FOF 12 ("The testimony [of Oceanside's <br /> representative and the Planning Director] was irrelevant to the determination as to whether the <br /> Planning Director abused his authority and/or discretion."); Proposed FOF 13 ("The exhibits did <br /> not show the [Declaratory] Order was issued in error or an abuse of discretion."). <br /> Likewise, the Proposed Decision and Order's COLS do not cite a single legal authority <br /> outside of general statutory provisions and rules related to petitions for declaratory ruling and <br /> standards of review, including any citations to the relevant case law, which the Circuit Court <br /> specifically found to be missing from the Prior Decision and Order. See Exhibit A at 26, ¶32 <br /> ("[T]he BOA did not make sufficient conclusions of law to support its decision to affirm the <br /> Declaratory Order, including in that it does not set forth the authorities relied upon to affirm the <br /> Declaratory Order other than simply quoting HRS § 91-8, PD Rule 3, and the BOA's standard of <br /> review."). At bottom, the Proposed Decision and Order fails to cure the deficiencies that caused <br /> the Circuit Court to vacate the Prior Decision and Order and remand Oceanside's appeal. <br /> III. SPECIFIC OBJECTIONS <br /> A. PROPOSED FINDINGS OF FACT <br /> Oceanside submits the following specific objections to the BOA's proposed findings of <br /> fact: <br /> 1 See Exhibit A at 26,¶30 ("None of the FOFs provide the Court with the necessary insight into <br /> how the BOA reconciled the evidence received as part of the contested case hearing."). <br /> 5 <br /> 4906-3356-8652.1.051730-00058 <br />