2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint

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i 72. Absent a court order,Oceanside will proceed with construction of its agricultural subdivision contrary to state land use requirements,making a prohibitory injunction necessary. 73. Absent a court order,the County Planning Director will continue to grant approvals pursuant to the Development Agreement, and contrary to state land use requirements ORDER 1. As a matter of law, Oceanside did not acquire vested rights to develop its agricultural subdivision known as Hokuli a without first complying with HRS Chapter 205 at the time of subdivision approvals for phases 1 and 2, and for any future phases of the project; 2. As a matter of law,Oceanside is barred from asserting an equitable estoppel or laches defense to Count IV of the Fifth Amended Complaint because it cannot prove it relied in good faith on its county approvals for various land use permits and subdivisions for Hokuli'a; 3. Ordinance No. 97-36 is void and invalid because its rezoning is inconsistent with the land use classification for the planned members' lodge; IT IS HEREBY ORDERED that Defendant Oceanside is permanently enjoined, and ordered to cease and desist,from pursuing any further construction activities or development of the Hokuli'a project in its present proposal,excluding its: (1) Shoreline Park,and(2)golf course and golf clubhouse; until it has obtained reclassification from the LUC for all portions of its agricultural subdivision and any other related urban uses in conformance with HMS chapter 205. IT IS FURTHER ORDERED that Defendant Oceanside may satisfy this Court's Order requiring reclassification by obtaining a declaratory ruling from the LUC regarding any new changes to the Hokuli'a project as a whole. IT IS FURTHER ORDERED that Defendant Oceanside shall obtain an Order from the Court prior to undertaking any activities related to health, safety, repair, maintenance,or preservation by filing a motion within a reasonable time pursuant to Rule 60(bx6)of the Haw. 30