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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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they reference any provision in Chapter 23.2 Instead, the Ordinances provide only that: <br /> Roadway improvements and access(es) to the subject property, including all plans <br /> and construction, shall meet with the approval of the Department of Public <br /> Works. <br /> Exhibit 3 at 14 (emphasis added); see also Exhibit 4 at 23 (same).3 <br /> The Hawai`i Supreme Court has rejected past attempts to interpret conditions of approval <br /> as "carry[ing] a `special interpretation' other than [their] common sense meaning." Lana`ians <br /> for Sensible Growth v. Land Use Com m'n, 146 Hawai`i 496, 503, 463 P.3d 1153, 1160 (2020). <br /> The Ordinances mean exactly what they say—both left it to the discretion of the County to <br /> determine the standards to which the roadways were to be built, requiring, by their express terms, <br /> only that they"meet with the approval of the Department of Public Works." <br /> d. Construction Standards, Request 2. <br /> Construction Standards, Request 2 asked the Planning Director to issue a declaratory <br /> ruling on "[w]hether the express terms of the Ordinances require compliance with Sections 23-86 <br /> and 23-95 of the Hawai`i County Code for the Haleki`i Extension, Makai Haleki`i Extension, <br /> and Connector Road[.]" See Exhibit 2 at 13. As explained in Oceanside's Petition, the answer <br /> to this Request is no. Id. at 19. Neither Ordinance No. 96-7 nor Ordinance No. 96-8 contain any <br /> reference to HCC § 23-86 and HCC § 23-86, or even a single reference to Chapter 23. See Wells <br /> Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("The fundamental starting point of <br /> statutory interpretation is the language of the statute itself,' and `where the statutory language is <br /> unambiguous, our duty is to give effect to its plain and obvious meaning."). <br /> 2 Ordinance No. 96-8 amended and superseded Ordinance No. 94-73. See Exhibit 4 at 1. While <br /> Ordinance No. 94-73 contained a single reference to Chapter 23 in connection with the Bypass <br /> Extension, that reference was deleted with the adoption of Ordinance No. 96-8. See id. at 25 <br /> (deleted language shown in brackets). <br /> 3 Both Ordinances required the "phasing of improvements" for the Mauka Haleki`i Extension <br /> and Makai Haleki`i Extension to "be approved by the Department of Public Works." See Exhibit <br /> 3 at 15; Exhibit 4 at 24. <br /> 4860-3160-4157.3.051730- 00058 13 <br />
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