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State of Hawai`i, against the County and Oceanside. Exhibit 6. Coupe's Complaint alleges that <br /> Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances and <br /> Development Agreement, and seeks declaratory and injunctive relief. At bottom, Coupe's <br /> lawsuit is fundamentally premised on attacking actions taken and approvals granted more than a <br /> decade ago, by County officials serving under prior administrations. <br /> On September 15, 2023, the Circuit Court ruled— over Coupe's strong protest—that <br /> Coupe was required to seek formal determinations from the County on certain issues raised in its <br /> Complaint. In doing so, the Circuit Court explained that it"is not the best-suited decision-maker <br /> for determining whether the Development Agreement and Ordinances were actually complied <br /> with" and that it "may not substitute its judgment for the expertise of the Planning Department <br /> and County of Hawai`i Board of Appeals." Exhibit 7a at 5, ¶15(a)(d) & (e); see also Exhibit 7b <br /> at 5, ¶4(d) & (e). <br /> Pursuant to the Circuit Court's ruling, Coupe filed its own Petition for Declaratory Ruling <br /> dated February 7, 2024 ("Initial Petition"), and Supplement to Petition for Declaratory Ruling <br /> dated March 27, 2024 ("Supplemental Petition"; together, "Coupe's Petitions"). In the <br /> interim, Oceanside filed its Petition on February 28, 2024, in order to fill obvious gaps in the <br /> issues referred by the Circuit Court that were left by Coupe's Initial Petition, avoid piecemeal <br /> challenges by Coupe in the future, and ensure Oceanside has certainty as it continues to develop <br /> Hokuli`a. On April 29, 2024, the Planning Director issued the Declaratory Order on Oceanside's <br /> Petition, Exhibit 1, and a separate Declaratory Order on Coupe's Petitions, which is the subject <br /> of a separate appeal filed concurrently with this appeal. <br /> As explained in detail below,portions of the Declaratory Order are in violation of law, <br /> clearly erroneous, arbitrary and capricious, and constitute an abuse of discretion. Oceanside <br /> 4860-3160-4157.3.051730- 00058 3 <br />