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BOA-2024-000105.Planning Director testified he exercised discretion in not answering some <br /> questions posed in that Petition.See Transcript of October 11,2024 Hearing at 37,44.by Rhe <br /> peti ie}rs. <br /> 13. The Planning Director refused to answer several questions based on cited caselaw <br /> that"f Tlhe declaratory ruling procedure was not intended to be utilized to seek review of agency <br /> determinations that have already been made and which have not been timely appealed."Citizens <br /> Against Reckless Development v Zoning Board ofAppeals of the City and County ofHonolulu <br /> ("CARD"), 114 Hawaii 184, 196, 159 P.3d 143, 155(2007). <br /> 44-14. Planning Director's order and testimony did not"qualify"the dedication of the <br /> Mauka Haleki`i Extension in relation to the satisfaction of the Ord.96-7 and 96-8 requirements <br /> as argued by Appellant. ROA at 905;Transcript of October 11,2024 Hearing at 41. Planning <br /> Director acknowledged in his Order that the Mauka Haleki'i Extension was accepted by County <br /> Council Resolution 317-12 after input from Department of Public Works.Planning Director <br /> correctly identified that he had no authority to interpret the acceptance of the dedication of the <br /> road by County Council or Department of Public Works. <br /> 4-2-.15. Neither the testimony of Mr.Vitousek nor the Planning Director needed <br /> reconciliation with the content of the Order. The testimony was irrelevant to the determination <br /> as to whether the Planning Director abused his authority and/or discretion.Nothing in <br /> "PRPP2�Rule 3-1 or Chapter 91,Hawaii Revised <br /> Statutes,requires Planning Director to issue a declaratory ruling as the decision to issue a <br /> declaratory ruling is discretionary.Likewise,there is no requirement that Planninz Director must <br /> issue declaratory rulings to the satisfaction of the petitioner .Planning <br /> Director was not required to inform Appellant of their legal obligations with respect to the issues <br /> raised in the Petition for a Declaratory Ruling. Likewise,eliciting testimony showing Planning <br /> 5 <br />