2024-07-15 1250 Oceanside LLC Position Statement on Petition to Intervene PL-BOA-2024-000109 (105)

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the Ordinances and Development Agreement. On September 15, 2023, the Circuit Court ruled that Coupe prematurely filed its lawsuit without first seeking formal determinations from the County on Oceanside's compliance with the Ordinances and, by extension, the Development Agreement. As a result, the Circuit Court stayed the lawsuit and ordered Coupe to complete the County's declaratory ruling and administrative appeals processes prior to returning to court. On or about February 7, 2024, Coupe filed a Petition for Declaratory Ruling ("Initial Petition"). Oceanside subsequently filed its Petition for Declaratory Ruling on February 28, 2024 ("Oceanside's Petition"), in order to fill obvious gaps in the issues referred by the Circuit Court that were left by Coupe's Initial Petition, avoid piecemeal challenges by Coupe in the future, and ensure Oceanside has certainty as it continues to develop Hokuli`a. Coupe thereafter filed a Supplement to Petition for Declaratory Ruling dated March 27, 2024 ("Supplemental Petition"; together, "Coupe's Petitions"). On April 29, 2024, the Planning Director issued a Declaratory Order on Oceanside's Petition, as well as a separate Declaratory Order on Coupe's Petitions, which is the subject of a separate appeal. III. DISCUSSION A. Coupe misrepresents the nature and scope of this appeal. Coupe's Petition repeatedly mischaracterizes the nature and scope of this appeal, making baseless arguments like "the overall intent [of this appeal] seemingly is to undermine a multiple decade long obligation to provide the public with unfettered access through . . . Hokuli`a[.]" Petition at 1-2. Coupe's fatalistic hyperbole is both unnecessary and misleading. In reality, the issues involved in this appeal are far narrower and less sinister than Coupe suggests. First, Oceanside has appealed the Planning Director's failure to address several of Oceanside's requested declaratory rulings that the Planning Director determined were within his jurisdiction. Second, Oceanside has appealed the Planning Director's determinations that certain 4874-1139-8863.1.051730- 00058 3