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December 21, 2000, that there was any challenge to the proposed development's compliance <br /> with HRS Chapter 205. R, 2: 473, 488-489. <br /> C. Attorneys' Fees and Costs. <br /> Applying a"private attorney general"theory,the Circuit Court ultimately awarded <br /> Plaintiff-Appellee/Cross-Appellant PKO attorneys' fees of$628,518.26 and costs of$33,357.12 <br /> from both of the County Defendant-Appellants and from Defendant-Appellee/Cross-Appellant <br /> Oceanside. Kelly Plaintiffs-Appellees were awarded attorneys' fees of$219,210.00 and costs of <br /> $2,435.01 from Oceanside. Third Amended Final Judgment,R. at 86: 28009, 28029 (See <br /> Appendix "K7). <br /> H. Points of Error <br /> For convenience,Points are referenced to the relevant court decisions as appropriate: <br /> 1 Order Granting in Part and Denying in Part Plaintiff's Motion for Partial Summary <br /> Judgment Re: HRS Chapter 205[Count IV in the Fifth Amended Complaint] Filed <br /> October 12, 2001, (filed April 5, 2002)("Count IV MSJ Order")R at 35: 11884 <br /> 2 Amended Findings of Fact, Conclusions of Law; and Order As to Count V Regarding <br /> Paragraphs 138(b), 139(a) and 139(b) and Count VI (Burial Sites) (filed March 17, <br /> 2003) (`Burial Decision")R at 52: 16528 <br /> 3 Amended Findings of Fact; Conclusions of Law and Order With Respect to Counts II <br /> and V in the Fifth Amended Complaint Pursuant to the Order Granting in Part State <br /> of Hawaii Department of Land and Natural Resource's Rule 60 Motion to Amend the <br /> October 21, 2002 FOF/COL and Order With Respect to Counts II and V Filed July <br /> 24, 2003 Filed August 6, 2003 (filed August 8, 2003)("8-8-03 Order")R at 63: 20523 <br /> 4 Amended Findings of Fact; Conclusions of Law; Order Regarding Trial on Count IV <br /> of the Fifth Amended Complaint(filed October 22, 2003) ("Count IV Order")R at <br /> 66: 21413A237 <br /> 5 Findings of Fact; Conclusions of Law; Order Regarding Attorneys' Fees and Costs <br /> (See Appendix"L")(Filed January 21, 2004)("Attorneys' Fees Order")R at 72: 23449 <br /> 6 Third Amended Final Judgment(Filed August 27, 2004)R at 86: 28009 <br /> Unless otherwise stated, "FOP means "Finding of Fact"and "COL"means"Conclusion <br /> of Law." <br /> 9 <br />