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h. Public Meetings from 1993 through 1996.
<br /> Defendant-Appellant Oceanside held a"series of meetings"with the community from 1993
<br /> through 1996,"to provide details on the project,to give the public and whoever attended a clear
<br /> understanding of what the project was all about."Oceanside eliminated the Urban residential
<br /> component due to public objections. Test. of Robert A. Stuit,Tr.,July 23,2003, a.m.,p. 13-15.
<br /> i. The April 20, 1998 Development Agreement.
<br /> As required by HRS § 46-128 and Section 30-5(f) of the Hawaii County Code("HCC")
<br /> the Hawaii County Council held public hearings on March 18 and 30, 1998 regarding a
<br /> proposed development agreement between Defendant-Appellants County and Oceanside. R,
<br /> Exhibits DO- 1344, 1345, 1346, 1348, 1349. No one requested a contested case hearing for the
<br /> Development Agreement, and the Council adopted Resolution 244-8 on April 1, 1998,
<br /> authorizing the Development Agreement. R, Exhibit DO-1351.
<br /> j. Visible Start of Construction. January 1999.
<br /> Robert A. Stuit testified that actual construction began in January 1999,beginning with
<br /> the clearing and grubbing for the golf course. Tr., July 23, 2003, a.m.,p. 62. Since then, until
<br /> trial,Defendant-Appellant Oceanside constructed an 18-hole golf course, and improvements for
<br /> all Phase I lots including over 10 miles of road and utilities. They have built water reservoirs and
<br /> wells, started a wastewater treatment plant, and completed 80%of the bypass road between
<br /> Keauhou and the project. About$45 million was invested in construction by the filing of the
<br /> Chapter 205 claims in December 2000. R, Test. Stuit, Tr. July 23, 2003, a.m.,pp. 62, 64-65.
<br /> Plaintiff PKO's President, Jim Medeiros, Sr. was an employee of KPK Malama Aina,a
<br /> contractor on the Hokuli'a project, from August 1999 to August 2000. He did road repair and
<br /> was also a cultural crew supervisor, to care for burial sites. Test. Jim Medeiros, Sr., Tr.,July 16,
<br /> 2002, a.m.,pp.105-106. Mr. Medeiros was aware of his ancestors being buried on the Hokuli'a
<br /> site from the early 1990's. Test. Jim Medeiros, Sr., Tr., July 17, 2002,p.m., p. 82.
<br /> 2. Unreasonable Delayby Plaintiffs, and Prejudice to Defendants.
<br /> The record does not reflect any attempt by Plaintiffs to intervene in any of the numerous
<br /> administrative SMA, Use or other permit application proceedings leading to this development.
<br /> Nor did Plaintiffs challenge the Development Agreement of 1998. In short,Plaintiffs slept on
<br /> their HRS Chapter 205 claims from September 1993 through December 21, 2000, over seven
<br /> years. Defendant-Appellants had no warning until the Second Amended Complaint of
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