2026-04-23 Proposed Amended FOF-COL; Order on Remand v3 (PL-BOA-2024-000105)

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4. Appellant's Appeal sought to modify the Order or have the Order remanded to the Planning Director to correct alleged errors. ROA at 491. 5. On July 3, 2024, C&J Coupe Family Limited 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 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 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 held on August 9, 2024, at which the Board approved the Petition to Intervene and issued the Order Granting Petition to Intervene. 9. On October 11, 2024, the Board heard oral arguments and presentation of evidence, including exhibits, and testimony on the Appeal in a contested case hearing pursuant to BOA Rule 8-11, Part 3 of the BOA Rules, and Haw. Rev. Stat. ch. 91, at the West Hawaii Civic Center with all Board Members present in person. Michael Kaleihoku Vitousek, Manager of Land and Development of 1250 Oceanside LLC, Derek B. Simon, Esq., and Ian R. Wesley- Smith, Esq., appeared on behalf of Appellant. Zendo Kern, Hawai'i County Planning Director, and E. Britt Bailey, Esq., and Jean K. Campbell, Esq., Deputies Corporation Counsel, appeared on behalf of the Planning Department. Kenneth R. Kupchak, Esq., and Mark M. Murakami, Esq., appeared on behalf of Intervenor. Charles Coupe of C&J Coupe Family Limited Partnership was also present. See Board of Appeals Meeting Minutes of October 11, 2024. 4