2024-09-25 C&J Coupe Exhibit List, Exhibits 1-5 (PL-BOA-2024-000105)

Home

29. Specifically at issue here, the Development Agreement and Incorporated Ordinances require the timely,public dedication of Required Public Roads within Hokulia. 30. Each of the three Required Public Roads were to be timely dedicated to County as important public infrastructure under the express terms of the Development Agreement and Incorporated Ordinances, and, as such, needed to be built in strict compliance to County dedication standards as dictated under Chapter 23 of the Hawaii County Code. However, rather than enforce these conditions, County has ignored their obligations without enforcement of any kind. 31. Oceanside has breached the Development Agreement and its Incorporated Ordinances by (1) building the Required Public Roads substandard to the requirements of the Code, (2) failing to timely, publically dedicate the Required Public Roads to County dedicable standards, and (3) erecting Guard Facility on the Required Public Roads in efforts to prey upon the unsuspecting public and market their community as a private gated community with security personnel on duty 24/7. 32. As such, Oceanside has been able to unlawfully profit by reaping the benefit of the Development Agreement without having to bear materials and costs, in the millions of dollars, required to comply with these most important burdens. 33. The second major issue here is the fact that County and Oceanside have twice over (as far as we know) attempted to sub-silentio unlawfully amend the Development Agreement and Incorporated Ordinances through improper, unconstitutional, and illegal means, via a variance and pursuant to a sham dedication. In both situations, Plaintiff, as a neighboring landowner, was not provided with the requisite notice of Oceanside and County's true efforts to circumvent the legal process. 8 710088