2024-11-25 PD Objection to Request for Continuance

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DeVera, Ashley From: Campbell, Jean K Sent: Monday, November 25, 2024 7:28 AM To: Derek B. Simon; Planning Board of Appeals Cc: Bailey, Elizabeth B.; Mark M. Murakami; R. Kupchak; Toren K. Yamamoto; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) Good morning Chair, The Department objects to the requested continuance of this matter. The purpose of the FOFCOLD&O is not to catalog all the arguments made by every party to the case. It reflects only the Board's decision. In both of these cases, despite consideringvoluminous arguments by the parties,the Board's decisions were narrow and concise. Thus, it is not appropriate to turn the FOFCOLD&O into a brief to set the stage for the parties' return to court. Any further arguments by the parties may be appropriately made in their filings before the court. Aloha, Jean From: Derek B. Simon <dsimon@carlsmith.com> Sent: Friday, November 22, 2024 3:43 PM To: Planning Board of Appeals<boardofappeals@hawaiicounty.gov> Cc: Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Mark M. Murakami <mmm@hawaiilawyer.com>; R. Kupchak<krk@hawaiilawyer.com>;Toren K. Yamamoto <tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley- smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com> Subject: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) Aloha Chair Lewis: On behalf of 1250 Oceanside, LLC, I am writing to request a short continuance of the upcoming hearings in PL-BOA- 2024-000104 & 105 regarding the Planning Director's Proposed Findings of Fact, Conclusions of Law, and Orders (Proposed Orders). The Board is tentatively scheduled to take up the Planning Director's Proposed Orders at its meeting on December 13th The Planning Director served its Proposed Orders on Wednesday, November 13th, Oceanside's and Intervenor C&J Coupe Family Limited Partnership's objections to the Proposed Orders are presently due next Friday, November 29th. However, Oceanside strongly believes that both of the Planning Director's Proposed Orders are substantially incomplete and insufficient, particularly given the context of these appeals and the fact these proceedings were initiated pursuant to an order of the Circuit Court in the underlying lawsuit. Therefore, Oceanside requests that(a) the December 13th hearing on the Proposed Orders being continued to the Board's next available meeting, and (b)the deadlines for submitting proposed orders and objections thereto be reset accordingly. This short continuance will provide all parties with an opportunity to thoroughly review the extensive record and submit their owner proposed orders, supplemental findings and conclusions, and/or their objections. I have copied counsel for both the Planning Director and Intervenor on this email. i