2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1

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Haleki`i Extension, Mauka Haleki`i Extension, and Connector Road were not built to express standards required by the Ordinances and Development Agreement; (b) Oceanside has failed to comply with its dedication obligations for these roadways; (c) the County improperly granted the Variance because Coupe was not provided notice, the standard for granting a variance was not met, and the Variance functioned as an improper amendment of the Ordinances and Development Agreement; and (d) the County improperly accepted the dedication of the Mauka Haleki`i Extension. Based on these allegations, Coupe seeks declaratory and injunctive relief. On September 15, 2023, the Circuit Court ruled that Coupe was required to first seek a formal determination from the County on Oceanside's compliance with the Ordinances and, by extension, the Development Agreement. Exhibit 7a; Exhibit 7b. The Circuit Court explained that it "is not the best-suited decision-maker for determining whether the Development Agreement and Ordinances were actually complied with" and that it"may not substitute its judgment for the expertise of the Planning Department and County of Hawai`i Board of Appeals." Exhibit 7a at 5, ¶¶5(a)(d) & (e); see also Exhibit 7b at 5, ¶4(d) & (e). As a result, the Circuit Court stayed Coupe's lawsuit and ordered Coupe to complete the County's declaratory ruling process prior to returning to court. Coupe filed its Initial Petition on February 7, 2024, and its Supplemental Petition on March 27, 2024 (together, "Coupe's Petitions"). In the interim, Oceanside's Petition was filed on February 28, 2024. On April 29, 2024, the Planning Director issued separate Declaratory Orders on both Coupe's Petitions and Oceanside's Petition. The Declaratory Order on Coupe's Petitions is the subject of a separate appeal filed concurrently with this appeal. V. LEGAL STANDARD The BOA has the power to reverse, modify, or remand a decision by the Planning Director if the BOA finds that the decision is: 4860-3160-4157.3.051730- 00058 8