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2016. Petitioner constructed the Makai Haleki`i Extension and Connector Road in 1999, and the <br /> Mauka Haleki`i Extension in 2012, pursuant to construction plans approved by the County. <br /> Petitioner dedicated the Mauka Haleki`i Extension to the County over a decade ago and it has <br /> remained open to the public ever since. By any measure, Petitioner has complied,robustly, with <br /> the conditions of approval imposed on Hokuli`a and provided significant benefits to the public. <br /> Unfortunately, not everyone has been willing to recognize these significant public <br /> benefits. On March 31, 2023, C &J Family Limited Partnership ("Coupe") filed a Complaint in <br /> the Circuit Court of the Third Circuit, State of Hawai`i, against the County and Petitioner. <br /> Exhibit D.1 Coupe has a long and litigious history with the County and Hokuli`a, having fought <br /> bitterly—and unsuccessfully—to block the construction of the Bypass Extension, but not before <br /> delaying completion of the critical thoroughfare for more than a decade and costing the County <br /> and its taxpayers significant tax dollars and resources. Coupe's Complaint alleges that <br /> Oceanside has failed to comply with,and the County has failed to enforce, the Ordinances and <br /> Development Agreement, and seeks declaratory and injunctive relief. At bottom, Coupe's <br /> lawsuit is fundamentally premised on attacking actions taken and approvals granted more than a <br /> decade ago, by County officials serving under prior administrations. <br /> On September 15, 2023, the Circuit Court ruled that Coupe prematurely filed its <br /> Complaint without first seeking a formal determination from the County on Petitioner's <br /> compliance with the Ordinances and, by extension,the Development Agreement. Exhibit E <br /> (Order granting Petitioner's Motion to Dismiss); Exhibit F (Order granting the County's Motion <br /> Exhibit D is Coupe's initial Complaint for Declaratory and Injunctive Relief, filed on March <br /> 31, 2023. Coupe filed its First Amended Complaint for Declaratory and Injunctive Relief on <br /> June 27, 2023. by stipulation of the parties to allow the removal of the Planning Department and <br /> Planning Director as separately-named defendants. <br /> 4862-5574-8005 3 051730-00058 -3- <br /> 7 <br />