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2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)
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2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)
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Extension,which was dedicated to the County in 2012 and opened to the public in 2016. <br /> Oceanside constructed the Makai Haleki`i Extension and Connector Road in 1999, and the <br /> Mauka Haleki`i Extension in 2012,pursuant to construction plans approved by the County, <br /> including the Department of Public Works ("DPW"). Oceanside dedicated the Mauka Haleki`i <br /> Extension to the County over a decade ago and it has remained open to the public ever since. <br /> These are not standard appeals involving a landowner contesting a notice of violation or a <br /> developer seeking land use entitlements in the face of public opposition. In March 2023, <br /> Intervenor C &J Coupe Family Limited Partnership ("Coupe") filed a lawsuit alleging that <br /> Oceanside has failed to comply with, and the County has failed to enforce, certain conditions of <br /> approval related to these roadways. Coupe has a long and litigious history with the County and <br /> Hokuli`a,having fought bitterly— and unsuccessfully—to block the construction of the Bypass <br /> Extension, but not before delaying completion of the critical thoroughfare for more than a decade <br /> and costing the County and its taxpayers significant tax dollars and resources. <br /> Because Coupe's lawsuit is premised on the interpretation of various provisions of the <br /> Ordinances, Development Agreement, and Hawai`i County Code ("HCC"), the court stayed the <br /> lawsuit pending Coupe completing Appellee Planning Director's declaratory ruling process and <br /> any appeals to the BOA. The court directed the parties to obtain declaratory rulings so that they <br /> could get the Planning Director's official positions on certain issues raised in the lawsuit, with <br /> the hope that doing so would help resolve (or at least narrow) these issues. <br /> Both Coupe and Oceanside filed Petitions for Declaratory Ruling with the Planning <br /> Director. Ex. 104-2; Ex. 104-3; Ex. 105-2. The requested declaratory rulings focused on the <br /> construction standards and dedication requirements for the Makai Haleki`i Extension, Mauka <br /> 2 <br /> Oceanside's predecessor also spent approximately $36 million on the Bypass Extension. <br /> 4881-6366-3335.6.051730-00058 2 <br />
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