2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000105)

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Ruling, ("Petition")requesting Declaratory reflect the filing made by Oceanside on Rulings from the Planning Director. February 27, 2024, which included Exhibits A-H. 2. On April 29, 2024, the Planning Director Oceanside objects to Proposed FOF 2 on the issued Zendo Kern, Planning Director, County grounds that is does not reflect that the Planning of Hawaii's Declaratory Order In the Matter of Director's Declaratory Order issued on April C1250 Oceanside, LLC, Petitioner, Docket No. 29, 2024 ("Declaratory Order") included 24-0002 ("Order") in response to the Petition. Exhibits A-C. 3. On May 28, 2024, Appellant filed its General Oceanside objects to Proposed FOF 3 on the Petition for Appeal of Decisions by Planning grounds that it does not accurately reflect the Director or Public Works Director("Appeal") filing made by Oceanside on May 28, 2024, with the Board of Appeals, County of Hawai'i which included Oceanside's Exhibits 1-10. ("Board") appealing the Planning Director's issuance of the Order. Oceanside further objects to Proposed FOF 3 on the grounds that Oceanside did not appeal "the Planning Director's issuance of the Order,"but rather certain errors contained in the Declaratory Order, as set forth in Oceanside's General Petition for Appeal of Decisions by Planning Director or Public Works Director filed May 28, 2024 and its Consolidated Hearing Brief filed October 4, 2024. 4. Appellant's Appeal sought to modify the n/a Order or have the Order remanded to the Planning Director to correct alleged errors. 5. On July 3, 2024, C&J Coupe Family Limited n/a Partnership ("Intervenor") filed its Petition to Intervene in General Petition for Appeal of Decision by the Planning Director("Petition to Intervene"). 6. On July 15, 2024, Appellant filed its Position n/a Statement on Petition to Intervene in General Petition for Appeal of Decision by Planning Director, dated July 3, 2024. 7. On July 17, 2024, the County filed its County n/a of Hawai`i Planning Director's Statement of No Position to Petition to Intervene in General Petition for Appeal of Decision of Planning Director, dated July 3, 2024. 8. A hearing on the Petition to Intervene was n/a held on August 9, 2024. The Board approved the Petition to Intervene. 9. On October 11, 2024, the Board heard oral Oceanside objects to Proposed FOF 9 on the arguments and presentation of evidence and grounds that it does not specify that the BOA's testimony on the Appeal at the West Hawai`i hearing on October 11, 2024, was a contested Civic Center with all Board Member [sic] case hearing pursuant to BOA Rule 8-11, Part 3 4 4897-0598-6819.1.00DBS 1-00001