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requests that the BOA either modify the Declaratory Order as set forth below, or remand the <br /> matter back to the Planning Director to do the same. <br /> II. NAME, ADDRESS,AND TELEPHONE NUMBER <br /> Name: 1250 Oceanside, LLC <br /> Address: P.O. Box 2059 <br /> Kealakekua, Hawai`i 96750 <br /> c/o Carlsmith Ball LLP <br /> Attention: Derek B. Simon <br /> 1001 Bishop Street, Suite 2100 <br /> Honolulu, Hawai`i 96813 <br /> Telephone numbers: c/o Carlsmith Ball LLP <br /> Derek B. Simon: 808-523-2589 <br /> III. PARTIES AND AFFECTED PROPERTY <br /> The parties to this appeal are the Planning Director and Oceanside. Oceanside is the <br /> developer of Hokuli`a, which covers approximately 1,260 acres on the Kona Coast in <br /> Kealakekua, Hawai`i and is identified by numerous Tax Map Keys ("TMK"). Most relevant <br /> here, the Makai Haleki`i Extension and Connector Road are identified by TMK Nos. (3) 8-1- <br /> 004:070 and(3) 8-1-030:055. Oceanside is developing Hokuli`a pursuant to the Ordinances and <br /> Development Agreement, which are the subject of the Declaratory Order. <br /> IV. BACKGROUND <br /> A. Early Development of Hokuli`a by Oceanside's Predecessor-in-Interest. <br /> Oceanside's predecessor-in-interest, 1250 Oceanside Partners, L.P. ("1250 Partners"), <br /> first conceived Hokuli`a in the early 1990s, as a higher-density, master-planned residential <br /> community consisting of approximately 1,540 lots, a 27-hole golf course, and a 100-unit <br /> members' lodge. However, 1250 Partners subsequently faced legal challenges to the merits of its <br /> proposed master plan. Following several years of litigation, 1250 Partners revised its master <br /> 4860-3160-4157.3.051730- 00058 4 <br />