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totality of the circumstances that the Hokuli'a activities and uses as proposed in the <br /> CCR's particularly within the agricultural lots violates Hawaii Revised Statute <br /> Chapter 205. April S, 2002 Order. <br /> 3. HRS §205-2 permits only land uses consistent with an Agriculture classification. <br /> 4. The feasibility or viability of agriculture is a relevant consideration in evaluating <br /> whether use of agricultural lands will comply with HRS chapter 205. AG OP 75-8 While the <br /> statute does not require profitability, any analysis must include the costs of operations, including <br /> land and infrastructure costs. Otherwise, any demfnimis agriculture activity will be able to satisfy <br /> the restrictions of that chapter,an absurd result that the Legislature could not have intended. Kimi v. <br /> Contractor's Lic se Bd., 88 Haw. 264,270, 965 P.2d 806, 812 (1998)(holding that the legislature <br /> is presumed not to intend an absurd result,and legislation will be construed to avoid, if possible, <br /> inconsistency, contradiction and illogicality). <br /> 5. The LUC regulations supplement,the statutory requirements of HRS chapter 205. <br /> The permitted use of A&B land for farm dwellings is extended by LUC regulation to a permitted <br /> use of C, D,E lands. HAR§ 15-15-25(b). <br /> 6. The information and proposals available at the time of subdivision approval are the <br /> only relevant evidence of the legality of what uses are going to be made of the land. Any <br /> subsequent attempts to comply with HRS chapter 205 after court intervention are immaterial to this <br /> determination. <br /> 7. Oceanside's amendment of its CCR's,even if relevant as an attempt to cure this <br /> defect, does not alter this Court's conclusion that the use of the agricultural lots are not principally <br /> agriculture; the amendment merely gives the lot owner the ability to engage in farming activity as <br /> directed by the homeowners' association. Exhibit PKO-724. Moreover, the agricultural activities <br /> proposed are deminimis and do not change the purpose and character of the development, which is <br /> 16 <br />