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� r <br /> 22. The general public must be able to rely on the County of Hawaii to enforce HRS <br /> Chapter 205. The County of Hawaii, as the agency responsible for enforcement of HRS Chapter <br /> 205, must "thoroughly investigate any application for subdivision of a large area of agricultural land <br /> into lots that appear to be too small for economically feasible agricultural activity." AG Op. 75-8. <br /> 23. The County of Hawaii approved Defendant Oceanside's applications for subdivision <br /> approval of Phases I and II without considering the applicable CCR's and therefore failed to conduct <br /> the required thorough"before approved" investigation. The County of Hawaii's failure to conduct <br /> such an investigation left enforcement of HRS Chapter 205 to Plaintiffs. <br /> 24. Despite the contrary advice and information available to both Oceanside and the <br /> County of Hawaii, the County appeared to be accommodating Oceanside's desire to avoid LUC <br /> involvement by privately assuring Oceanside that LUC involvement was not needed, in dereliction <br /> of the County's explicit duty to enforce"the restriction on use and conditions relating to agricultural <br /> districts[.]" FM § 205-12. In view of HRS §§ 205-3.1 and 205-12, this Court concludes that the <br /> County of Hawaii and Oceanside deliberately collaborated to avoid LUC involvement in exchange <br /> for the conditions imposed in the Development Agreement. <br /> 25. Any delay in bringing Plaintiffs' claims was caused by County of Hawaii's failure to <br /> enforce HRS Chapter 205, which failure to act this Court concludes is the result of the Development <br /> Agreement. Any financial prejudice to Defendant Oceanside was caused by the County of Hawaii's <br /> failure to enforce HRS Chapter 205, and Oceanside continuously and consciously did not comply <br /> with the spirit and intent of Chap. 205. <br /> 26. The project is not yet substantially complete. Of the approximately seven hundred <br /> houselots, only one house is in the process of being built. Given these circumstances, Plaintiffs <br /> were diligent in advancing these claims, and any delay that resulted in Plaintiffs pursuing these <br /> 20 <br />