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1250 OCEANSIDE, LLC'S OBJECTIONS TO COUNTY OF HAWAII PLANNING <br /> DIRECTOR'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, <br /> DECISION AND ORDER <br /> Pursuant to Rule 3-20 of the County of Hawai`i Board of Appeals ("BOA") Rules of <br /> Practice and Procedures ("BOA Rules"), Appellant 1250 OCEANSIDE, LLC ("Oceanside"),by <br /> and through its attorneys, Carlsmith Ball LLP, hereby respectfully submits its Objections to the <br /> County of Hawai`i ("County") Planning Director's Proposed Findings of Fact, Conclusions of <br /> Law, Decision and Order filed November 14, 2024 ("Proposed Order"). <br /> By submitting these Objections, as well as the supplemental findings of fact("FOF") and <br /> conclusions of law ("COL")below, Oceanside does not waive any arguments that the Findings <br /> of Fact, Conclusions of Law, Decision and Order ultimately adopted by the BOA fails to satisfy <br /> any and all applicable legal requirements, including those under Haw. Rev. Stat. ("HRS") § 91- <br /> 12, or that the Planning Director and/or BOA otherwise erred in rendering their respective <br /> decisions. <br /> I. Oceanside's General Objections. <br /> Oceanside objects to the Planning Director's Proposed Order in its entirety on the <br /> grounds that it fails to satisfy the requirements of HRS § 91-12. HRS § 91-12 requires, in <br /> pertinent part, that"[e]very decision and order adverse to a party to the proceeding, rendered by <br /> an agency in a contested case, shall be in writing or stated in the record and shall be <br /> accompanied by separate findings of fact and conclusions of law." (Emphasis added). <br /> The Hawai`i Supreme Court has explained that"[t]he requirement that the [agency] set <br /> out findings of fact and conclusions of law is no mere technical or perfunctory matter." <br /> Application of Hawaii Elec. Light Co., Inc., 60 Haw. 625, 641, 594 P.2d 612, 623 (1979) <br /> ("HELCO") (emphasis added). Rather, "[t]he purpose of the statutory requirement that the <br /> agency set forth separately its findings of fact and conclusions of law is to assure reasoned <br /> 2 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />