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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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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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1 <br /> 26. Between May 1998 and December 2000, Oceanside expended approximately <br /> $55,000,000 for construction and development costs for the project. Test. R Stuit. (7123103). <br /> Between January 2001 and July 2003, Oceanside expended approximately$136,000,000 in <br /> additional construction and developement costs. Id. <br /> 27. Prices of the Hokuli'a lots range from$650,000 to$2.5 million. (PKO Plaindj-s <br /> Exh. 625). These prices will render agriculture on adjacent properties non-feasible because those <br /> land prices will inflate the value of adjacent properties and, at a minimum,discourage agricultural <br /> use of such property. Id This increase in prices will also result in an increase in land taxes and <br /> consequently,the cost of production for the farmer within the project and the surrounding <br /> agricultural lands outside the project. Id <br /> 28. Agricultural activities as defined by HRS Chapter 205 include raising and <br /> breeding animals. Oceanside's prohibitions of this agricultural use hinders the farmer's ability to <br /> diversify and adapt in response to changing market conditions. Id <br /> 29. Oceanside's condition that a lot owner need only place 20%of his/her one-acre <br /> lot in active agriculture will lessen the likelihood that there will be maximum use of agricultural <br /> lands. Id <br /> 30. In order to run a viable farm on a one-acre lot,one would need to grow high <br /> intensity crops like hot-house tomatoes,orchids, and anthuriums. The agricultural plan for <br /> Hokuli'a does not include these crops. Id <br /> 31. The ALISII system for agricultural lands is not determinative of the agricultural <br /> feasibility of certain lands. For example,the majority of agricultural land in Kona is rated C and D, <br /> which are excellent lands for coffee farming. The C and D ratings do not reflect the importance or <br /> Productivity of these lands for coffee. Id. <br /> 7 <br />
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