2024-11-13 Proposed Findings of Fact, Conclusions of Law, Decision and Order (PL-BOA-2024-000105)

Home

(C)How the decision appealed from was arbitrary and capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. 5. Having considered the testimony and evidence provided, the Board unanimously ruled the Planning Director in issuing the Order did not clearly err, was not arbitrary or capricious, nor did he abuse his discretion. The Board found that the Director(1) stayed within his jurisdiction in the issues he addressed in the Order, (2) correctly identified the issues outside his discretion, and (3)that questions regarding the Development Agreement fell outside his powers outlined by the Hawai`i County Charter and Planning Department Rule 3. Therefore, the Board denied the Appellant's appeal of Zendo Kern, Planning Director, County of Hawaii's Declaratory Order In the Matter of 1250 Oceanside, LLC, Petitioner, Docket No. 24-0002. DECISION AND ORDER Based on its consideration of the evidence and argument presented at hearing, including the Record on Appeal, the documents on file herein, and applying the reliable probative evidence and law, the Board hereby Orders as follows: Appellant's appeal of the Planning Director's April 29, 2024, Zendo Kern, Planning Director, County of Hawaii's Declaratory Order In the Matter of 1250 Oceanside, LLC, Petitioner, Docket No. 24-0002 is DENIED. The above-captioned Board of Appeals case is dismissed with prejudice in its entirety. Dated: , Hawai`i, , 2024. By: Cathy Lewis, Chair Board of Appeals, County of Hawai`i State of Hawai'i 4