2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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On April 29,2029,the Planning Director issued separate but similar Declaratory Orders in response to the Coupe Petitions and the 1250 Petition (collectively "Declaratory Orders"). On May 28, 2024, 1250 filed the appeals herein of the Declaratory Orders. Coupe filed petitions to intervene in each of the appeals,which were granted by this Board on August 9, 2024. III. STANDARD OF REVIEW Pursuant to Rule 8-4(4) of the Board of Appeals Rules of Practice and Procedure, in order to modify or overturn the Director's final decision,this Board must find one of the following: (1)the decision appealed from violates the law; (2)the decision appealed from is clearly erroneous; or (3) the decision appealed from is arbitrary or capricious, characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. Without a finding of one of these three requirements, the Board must uphold the Director's decision. IV. ISSUES ON REVIEW BEFORE THIS BOARD A. Whether the Director's Declaratory Rulings to Coupe's Requests Violate the Law, Were Clearly Erroneous, Arbitrary or Capricious, and/or Constitute an Abuse of Discretion (PL-BOA-2024-000104) The Director's Declaratory Rulings responding to Coupe's Petition do not violate the law. are not clearly erroneous, and do not constitute an abuse of discretion. As stated above, Coupe petitioned the Director to provide declaratory rulings to twenty- nine (29) requests. In the Appeal of the Director's Declaratory Order, 1250 alleges that the Director, in issuing three of the declaratory rulings: 1) erred to the extent [the Director] ruled that Ordinance 96-7 contains a dedication obligation, 2) abused his discretion and acted in arbitrarily in qualifying the dedication of Mauka Haleki`i Extension, 3) violated the law and erred in 5