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C. Coupe's Lawsuit. <br /> On March 31, 2023, Coupe filed its Complaint. Exhibit D. In its Complaint, Coupe <br /> alleges that Petitioner has failed to comply with, and the County has failed to enforce,the <br /> Ordinances and Development Agreement. Specifically, Coupe alleges, inter alia,that: (a)the <br /> Makai Haleki`i Extension, Mauka Haleki`i Extension, and Connector Road were not built to <br /> standards required by the Ordinances and Development Agreement; (b) Oceanside has failed to <br /> comply with its dedication obligations for these roadways; (c)the County improperly granted the <br /> Variance because Coupe was not provided notice,the standard for granting a variance was not <br /> met, and the Variance functioned as an improper amendment of the Ordinances and <br /> Development Agreement; and(d)the County improperly accepted the dedication of the Mauka <br /> Haleki`i Extension. Based on these allegations, Coupe seeks declaratory and injunctive relief. <br /> On September 15, 2023, the Circuit Court ruled that Coupe was required to first seek a <br /> formal determination from the County on Petitioner's compliance with the Ordinances and, by <br /> extension,the Development Agreement. Exhibit E;Exhibit F. As a result,the Circuit Court <br /> stayed Coupe's lawsuit and ordered Coupe to complete the County's declaratory ruling process <br /> prior to returning to court. Coupe filed its own Petition for Declaratory Ruling February 7, 2024. <br /> V. Designation of the Specific Provision, Rule,or Order in Question. <br /> A. The Ordinances. <br /> Ordinance No. 96-7,enacted on January 15, 1996, rezoned the western/makai lands of <br /> Hokuli`a. Exhibit A. At issue here are the following conditions of approval under Ordinance <br /> No. 96-7: <br /> M. Roadway improvements and access(es)to the subject property, including all <br /> plans and construction, shall meet with the approval of the Department of Public <br /> Works. Prior to the issuance of Final Subdivision Approval for any portion of the <br /> subject property,the application shall: <br /> 4862-5574-8005.3.051730-00058 -8 <br /> 12 <br />