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Some of the documents Ms. Rosehill reviewed and/or documents of the same type and
<br />subject matter are not among the twenty-one (21) documents in the Record on Appeal. Documents
<br />reflecting the Planning Department's enforcement history, internal communications, negotiations
<br />with the Applicant about the easement, and interactions with the `Ghana are absent. A record that
<br />omits the Department's enforcement history, deliberations, and communications with both the
<br />Applicant and the `Ghana does not provide the "entire record or file from the Director" required
<br />under BOA Rules § 3-13(h). And the Board of Appeals cannot evaluate whether the Director erred
<br />if it lacks access to the full Record on which the Director acted.
<br />Accordingly, the `Ghana requests that the Board direct the Director to supplement the
<br />Record with all Planning Department records and documentation pertaining to:
<br />• TMK No. (3) 1-2-018:001, including all correspondence, memoranda, inspection reports,
<br />photographs, notes, internal communications, and other documents in the Department's
<br />file related to the property from 2022 through 2025;
<br />• Kaimu Cove, LLC's presence and activities on the subject property, including all
<br />documentation of the unauthorized grubbing, grading, clearing, construction, and ground -
<br />disturbing activities since the Applicant acquired the property on May 28, 2022;
<br />• All permit applications submitted in connection with the subject property, including but
<br />not limited to PL-SAA-2022-000080, PL-SUB-2022-000094, PL-SAA-2022-000126,
<br />PL-SMA-2024-000063, PL-SAA-2025-000312, and PL-SMM-2025-000079, and all
<br />correspondence, internal communications, and agency reviews related to each;
<br />• All enforcement actions taken by the Planning Department with respect to the subject
<br />property and the Applicant since the Applicant acquired the property on May 28, 2022,
<br />including all Notices of Violation and Orders, Stop Work Orders, corrective action
<br />correspondence, fine assessments, deadline extensions, and compliance documentation;
<br />• All communications between Planning Department staff and Kaimu Cove, LLC, its
<br />managing members, its planning consultant, or any other representative of the Applicant,
<br />since May 28, 2022; and
<br />• All communications between Planning Department staff and the `Ghana, its members, or
<br />its representatives, from 2022 through 2025, including all correspondence regarding the
<br />Cultural Impact Assessment, the public shoreline access easement, and the `Ohana's
<br />requests for enforcement action.
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