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2026-02-09 1250 Oceanside LLC Objection to Proposed Amended FOF, COL, D&O (PL-BOA-2024-000104)
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2026-02-09 1250 Oceanside LLC Objection to Proposed Amended FOF, COL, D&O (PL-BOA-2024-000104)
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Proposed Finding of Fact Objections <br /> 1. On February 7, 2024, C&J Coupe Family n/a <br /> Limited Partnership ("Intervenor") filed <br /> its Petition for Declaratory Ruling, and on <br /> March 27, 2024, filed its Supplement to <br /> Petition for Declaratory Ruling, <br /> (collectively, "Petition")requesting <br /> declaratory rulings from the Director-of <br /> the Planning Department of the County of <br /> Hawaii ("Planning Director"). <br /> 2. On April 29, 2024, the Planning Director n/a <br /> issued Zenda Kern, Planning Director, <br /> Countv of Hawai`i's Declaratory Order in <br /> the Matter of C&J Coupe Family Limited <br /> Partnership, Petitioner, Docket No. 24- <br /> 0001 ("Order") in response to the Petition. <br /> 3. On May 28, 2024, 1250 Oceanside, LLC Oceanside objects to Proposed FOF 3 on the <br /> ("Appellant") filed its General Petition for grounds that it mischaracterizes and misstates <br /> Appeal of Decisions by Planning Director the grounds for Oceanside's appeal of the <br /> or Public Works Director ("Appeal") with Declaratory Order. <br /> the Board of Appeals, County of Hawaii As reflected in its General Petition for Appeal <br /> ("Board") appealing the Planning of Decisions by Planning Director or Public <br /> Director's issuance of the Order. Works Director filed on May 28, 2024 <br /> Appellant argued the following points of ("petition for Appeal"), Oceanside appealed <br /> error: the Declaratory Order on the grounds that: <br /> a. Planning Director-erred by not a. The Director erred by ruling that <br /> interpreting Ord. 96-7, standing Ordinance No. 96-7 requires the <br /> alone, because no dedication dedication of three roadways because no <br /> requirement is contained within Ord. such requirement is contained within <br /> 96-7; Ordinance No. 96-7; <br /> b. Planning Director erred by seemingly b. The Director erred by seemingly <br /> qualifying the 2010 dedication of the qualifying the 2010 dedication of the <br /> Mauka Haleki`i Extension and Mauka Haleki`i Extension and <br /> corresponding satisfaction of the corresponding satisfaction of the <br /> Ordinances' conditions related to the Ordinances' conditions related to the <br /> roadway; and roadway; and <br /> c. Planning Director erred by ruling that C. The Director erred by ruling that the <br /> the Makai Haleki`i Extension and Makai Haleki`i Extension and <br /> Connector Road have not been Connector Road have not been <br /> constructed as required under the constructed as required under-the <br /> Ordinances because (1)both Ordinances because 1 both roadways <br /> 6 <br /> 4906-3356-8652.1.051730-00058 <br />
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