HomeMy WebLinkAbout2024-11-25 PD Objection to Request for Continuance 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
Thank you,
Derek
DEREK B. SIMON
Partner I Carlsmith Ball LLP
Carismith Ball ..
A LIMITED LIAaIt TY LA154 PAliTkEgitiiP
1001 Bishop Street, Suite 2100
Honolulu, HI 96813
Tel: 808.523.2589 Fax: 808.523.0842
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www.carlsmith.cor.
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