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2026-04-23 Proposed Amended FOF-COL; Order on Remand v3 (PL-BOA-2024-000104)
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2026-04-23 Proposed Amended FOF-COL; Order on Remand v3 (PL-BOA-2024-000104)
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4/23/2026 1:14:04 PM
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4/23/2026 1:13:58 PM
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LLC' S OBJECTIONS TO PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS <br /> OF LAW, DECISION AND ORDER, filed by the Appellant on February 9, 2026, and Coupe <br /> Family's Response to 1250 OCEANSIDE, LLC' S OBJECTIONS TO PROPOSED AMENDED <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER, filed by the <br /> Intervenor on February 27, 2026 and other submitted input from the parties <br /> Those findings of fact, conclusions of law otherwise proposed by the parties that are not <br /> incorporated herein, are hereby rejected. The Board of Appeals, having held a hearing on the <br /> above-entitled matter on October 11, 2024, makes the following findings of fact. To the extent <br /> that these findings of fact contain conclusions of law, they shall be so considered. <br /> FINDINGS OF FACT <br /> 1. On February 7, 2024, C&J Coupe Family Limited Partnership ("Intervenor") filed <br /> its Petition for Declaratory Ruling, and on March 27, 2024, filed its Supplement to Petition for <br /> Declaratory Ruling, (collectively, "Petition")requesting declaratory rulings from the Director of <br /> the Planning Department of the County of Hawaii ("Planning Director"). BOA Record on <br /> Appeal ("ROA") at 1-890. <br /> 2. On April 29, 2024, the Planning Director issued Zendo Kern, Planning Director, <br /> County of Hawai'i's Declaratory Order in the Matter of C&J Coupe Family Limited <br /> Partnership, Petitioner, Docket No. 24-0001 ("Order") in response to the Petition. ROA at 894- <br /> 906. <br /> 3. On May 28, 2024, 1250 Oceanside LLC ("Appellant") filed its General Petition <br /> for Appeal of Decisions by Planning Director or Public Works Director("Appeal") with the <br /> Board of Appeals, County of Hawai'i ("Board") appealing the Planning Director's issuance of <br /> the Order. ROA at 975-2259. Appellant argued the following points of error: <br /> 2 <br />
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