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l <br /> must have been unreasonable under the circumstances. Second, that delay must have resulted in <br /> prejudice to defendant.' <br /> 13. Laches precludes the very consideration of an equitable action because the prejudice <br /> to defendant caused by plaintiffs unreasonable delay consists in part of placing the defendant at an <br /> inequitable disadvantage in meeting plaintiffs allegations. Adair, 64 Haw. at p. 324. <br /> 14. Delay is reasonable if the claim was brought without undue delay after plaintiff <br /> knew of the wrong or facts and circumstances sufficient to impute such knowledge to him. Id at p. <br /> 320, citing 3 S. Symons, Pomeroy's Equity Jurisprudence, § 917(5'ed. 1941). The question of <br /> diligence in suits in equity is determined by the circumstances of each particular case. Adair, 64 <br /> Haw. at 321. <br /> 15. Here, Oceanside acknowledged in its 1993 FEIS that it needed LUC approval to <br /> move forward with the Hokuli'a project. Exhibit PKO-679, FEIN, at p. 114. The FEIS discloses a <br /> plan to build some lots ranging in density from 2 to 4.7 residential units/acre. However, when the <br /> Hokuli'a project was changed to consist of only 1 residence on each one to three-acre lots, <br /> Oceanside failed to notify the public in any supplemental EIS that it would be bypassing the LUC. <br /> 16. Moreover,the County never gave public notice of Oceanside's subdivision <br /> approvals in September 1999 and December 2000,leaving it to chance for Plaintiffs to discover. <br /> Test. C. Yuen(718103). <br /> 17. Plaintiffs filed their Second Amended Complaint on December 21, 2000, adding <br /> alleged violations of HRS Chapter 205. <br /> 18. Given the concerns that Defendant Oceanside's development violated HRS Chapter <br /> 205, the County has a duty at a minimum to objectively investigate and enforce compliance with <br /> Chapter 205. The County did not investigate, cite,nor report any violations to the LUC or any other <br /> Adair v. Hustace.64 Haw.314,320,640 P.2d 294,300(1982)("Adair" citing W.McClintock,E ui <br /> 528 at 71 (2d ed. 1948). ) 8 Equity§ <br /> Is <br />