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satisfy the"farm dwelling"requirement. Test. Richard T. Frye, Tr. July 9, 2003, p.m.,pp. 28-29,
<br /> July 10, 2003, a.m.,pp. 94-102.
<br /> The agricultural plan ultimately included millions of dollars' worth of agricultural wells
<br /> and transmission system. Tr., July 9, 2003,p.m.,pp. 35-37, 61-66. Oceanside also consulted
<br /> with local farmers and investigated existing agricultural operations to see how the farm system
<br /> worked for different crops and how that might be adapted to the project. They also looked at
<br /> how the crops might influence the local markets. Tr. July 9, 2003,p.m.,pp. 33-34. Oceanside
<br /> has installed much of the infrastructure,has begun ordering and nursing plants, and is fuming up
<br /> the final business plan. R, Exh. DO-1384, attached as Appendix"D". They are still committed
<br /> to ensure that the project comports with the agriculture requirements of Chapter 205. Tr. July 9,
<br /> 2003,p.m.,pp.61-62.
<br /> The Association provides for the land improvements, irrigation,planting,maintenance
<br /> and care, and cultivation. It also distributes income to each of the landowners. The agricultural
<br /> easements comprise approximately 20 to 23 percent of each lot. R, Testimony of Robert A.
<br /> Stuit, Tr. July 23, 2003, a.m.,p. 50.
<br /> Under the Amended Covenants, lot owners are allowed to conduct agriculture on any or
<br /> all of their lot, including, with association permission, in the association agricultural easement.
<br /> Income from the owner's own efforts is solely his own. Income from the collective program is to
<br /> be used to conduct association business,with excess to be distributed to the owners. R,
<br /> Testimony of Robert A. Stuit, Tr. July 23,2003, a.m.,pp. 51-53, Exhibits DO-1387, 1389
<br /> (Relevant portions of Declaration of Covenants, Conditions and Restrictions for Hokuli'a, and
<br /> First Amendment thereto, attached as Appendices `B" and'7).
<br /> Elaintiffs' -Chapier205 VQn Claims.,
<br /> 4: . . ,
<br /> Regarding HR$..Chapter 205.,:in CGunt IV,Plaintiffs alleged that: "None of the Hokuli'a
<br /> development project is designed to promote the sort of economic activity that would normally be
<br /> allowed in lands classified Agriculture under the applicable land use statutes and regulations."
<br /> Fifth Amended Complaint for Declaratory and Injunctive Relief, filed November 8, 2001 ("Fifth
<br /> Amended Complaint'), Paragraph 122, R. at 26: 9271. Plaintiffs claimed that Hokuli'a"would
<br /> violate the uses permitted on agricultural land under HRS chapter 205."Fifth Amended
<br /> Complaint,Paragraph 123, R. at 26: 9271.
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