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2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000105)
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2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000105)
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III. Oceanside's Supplemental Findings of Fact and Conclusions of Law. <br /> a. Oceanside's Supplemental Findings of Fact. <br /> In addition to its objections to the Planning Director's Proposed FOFs set forth above, <br /> Oceanside hereby submits the following Supplemental FOFs: <br /> PROCEDURAL HISTORY <br /> 1. On March 31, 2023, Intervenor C&J Coupe Family Limited Partnership <br /> ("Intervenor") filed a lawsuit against the County and Oceanside. Exhibit 6. Intervenor's <br /> Complaint alleges that Oceanside has failed to comply with, and the County has failed to <br /> enforce, rezoning Ordinance No. 96-7 ("Ordinance No. 96-7"), rezoning Ordinance No. 96-8 <br /> ("Ordinance No. 96-8"; together, the "Ordinances"), and a Development Agreement dated <br /> April 20, 1998, between the County and Oceanside's predecessor-in-interest (the "Development <br /> Agreement"). Id. <br /> 2. On September 15, 2023, the Circuit Court ruled that Intervenor was required to <br /> first seek a formal determination from the County on Oceanside's compliance with the <br /> Ordinances and Development Agreement. Exhibits 7a-7b. As a result, the Circuit Court stayed <br /> Intervenor's lawsuit and ordered Intervenor to complete the County's declaratory ruling process <br /> and any subsequent appeal proceedings before the BOA. Id. <br /> 3. On February 27, 2024, Oceanside filed its Petition for Declaratory Ruling in <br /> Planning Department Docket No. 24-0002 ("Petition"), which included a total of 24 requests for <br /> declaratory rulings (the "Requests") from the Planning Director. <br /> 4. On April 29, 2024, the Planning Director issued his Declaratory Order in Planning <br /> Department Docket No. 24-0002. <br /> 5. On May 28, 2024, Oceanside filed its General Petition for Appeal of Decisions by <br /> 11 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />
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