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Home My WebLink About2024-11-25 FOF, COL, D&O Objection Deadline to 12-03-24, Hearing Date Remaining on 12-13-24 DeVera, Ashley From: Wan, Sylvia A Sent: Monday, November 25, 2024 9:41 AM To: Campbell, Jean K; Derek B. Simon; 'Mark M. Murakami'; Planning Board of Appeals Cc: Bailey, Elizabeth B.; Kenneth R. Kupchak; Toren K. Yamamoto; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro; Hirayama, Emily Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) Hello Parties, Chair Lewis is granting a short continuance of the FOFCOLD&O Objection deadline to Tuesday December 3, 2024. Chair is providing this short continuance in light of the Thanksgiving holiday. The hearing on the Board's decision relating to the form of the Findings of Fact, Conclusion of Law and Order will remain December 13, 2024. Thank you, Sylvia Wan Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 Phone: (808) 961-8251 Fax: (808) 961-8622 Email: sylviaa.wan(a>hawaiicounty.gov CONFIDENTIALITY: The information contained in this message is intended for the sole designated recipient(s) and may contain privileged and confidential attorney-client communication(s). If you are not the person named above NOTICE IS HEREBY GIVEN that you are STRICTLY PROHIBITED from reading,reviewing, disseminating and/or copying this document. Please notify this office immediately if you have received this message in error and please delete this e-mail and destroy any hard copy that may have been inadvertently printed. THANK YOU. From: Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov> Sent: Monday, November 25, 2024 9:33 AM To: Derek B. Simon <dsimon@carlsmith.com>; 'Mark M. Murakami' <mmm@hawaiilawyer.com>; Planning Board of Appeals<boardofappeals@hawaiicounty.gov> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth 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>; Hirayama, Emily <Emily.Hirayama@hawaiicounty.gov> Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104& 105) Hi all, 1 I will offer one final observation and leave the decision to Chair Lewis. All the deadlines we are discussing were set back on October 11'. There is nothing last minute about this process or the upcoming deadline. The Board normally allows only one week for the review of FOFCOLD&Os but in this case allowed two. Had 1250 wanted to provide their own draft,they have had 6 weeks to prepare and submit their alternative. Aloha, Jean From: Derek B. Simon <dsimon@carlsmith.com> Sent: Monday, November 25, 2024 9:10 AM To: 'Mark M. Murakami' <mmm@hawaiilawyer.com>; Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; Planning Board of Appeals<boardofappeals@hawaiicounty.gov> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth 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: RE: 1250 Oceanside LLC (PL-BOA-2024-000104& 105) Chair Lewis: Oceanside respectfully disagrees with the Planning Director's (and apparently Intervenor's)view of the purpose and requirements of Proposed Findings of Fact, Conclusions of Law, and Orders. HRS§91-12 requires that"[e]very decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law." "The requirement that the [agency] set out findings of fact and conclusions of law is no mere technical or perfunctory matter. The purpose of the statutory requirement that the agency set forth separately its findings of fact and conclusions of law is to assure reasoned decision making by the agency and enable judicial review of agency decisions." Application of Hawaii Elec. Light Co., Inc., 60 Haw. 625, 642-43, 594 P.2d 612, 623-24 (1979). Simply put, "[t]he parties and the court should not be left to guess,with respect to any material question of fact,or to any group of minor matters that may have cumulative significance, the precise finding of the agency." Application of Hawaiian Tel. Co., 54 Haw. 663, 668, 513 P.2d 1376, 1379 (1973). The Planning Director's Proposed Orders provide no actual findings of fact other than an incomplete recitation of the procedural history in these appeals, and its proposed conclusions of law just quote various statutory requirements. This is clearly insufficient under the law and will leave the Circuit Court guessing as to the Board's actual findings. Oceanside is simply requesting a short continuance—to the Board's next available meeting—to provide additional proposed findings and conclusions for the Board to consider, and to which the Planning Director and Intervenor can object. Based on all of that, the Board will then be able to take the action it deems necessary and sufficient under the law, before these appeals are reviewed by the Circuit Court. Thanks, Derek From: Mark M. Murakami [mailto:mmm@hawaiilawyer.com] Sent: Monday, November 25, 2024 8:49 AM To: Campbell, Jean K; Derek B. Simon; Planning Board of Appeals Cc: Bailey, Elizabeth B.; Kenneth 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) 2 CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chair Lewis: The Coupe Family joins the County's objection to the continuance. Thank you, Mark Mark M. Murakami I Director, CRE® Office: (808)531-8031 Fax: (808)533-2242 Mail: mmm@hawaiilawyer.com Web: www.hawaiilawyer.com Addr: 1003 Bishop St,Ste 1600 E R`T . Honolulu, HI 96813 � 1:21 111 1 lAW FIRM5 45OR4 WIUF DAMON, KL`r LLON(, I\uII' _F-1AK HASTERT hawaiila +'yer.corn,, A I 'A' C'.I.l R Pi::)R:tTI C1 N Confidentiality Notice:This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.Thank you. FRAUD ALERT—PLEASE CALL YOUR DAMON KEY CONTACT TO VERIFY ANY EMAIL OR FAX REQUESTS FOR WIRE TRANSFER PAYMENTS,WIRING INSTRUCTIONS,OR CHANGES TO WIRING INSTRUCTIONS THAT APPEAR TO BE FROM OUR FIRM. From: Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov> Sent: Monday, November 25, 2024 7:28 AM To: Derek B. Simon <dsimon@carlsmith.com>; Planning Board of Appeals<boardofappeals@hawaiicounty.gov> Cc: Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Mark M. Murakami <mmm@hawaiilawyer.com>; Kenneth 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: 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>; 3 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. Thank you, Derek DEREK B. SIMON Partner I Carlsmith Ball LLP Carlsmith Ball :LP A LI FAhTEb LIA1I{T}' .:04 PkN17k E4i HIP 1001 Bishop Street, Suite 2100 Honolulu, HI 96813 Tel: 808.523.2589 Fax: 808.523.0842 Honolulu • Hilo • Kona • Maui www.carlsmitn.con IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you. 4