HomeMy WebLinkAbout2025-10-28 3CCV-25-0000025 Final Judgment on Appeal (PL-BOA-2024-000104) CARLSMITH BALL LLP
PATRICK K. WONG 5878 Electronically Filed
75-5722 Kuakini Highway, Suite 208 THIRD CIRCUIT
Kailua-Kona, Hawai`i 96740 3CCV-25-0000025
Tel No. (808) 329-6464 28-OCT-2025
Facsimile No. (808) 329-9450 10:01 AM
pwong(a,carlsmith.com Dkt. 179 FJ
DEREK B. SIMON 10612
1001 Bishop Street, Suite 2100
Honolulu, Hawaii 96813
Tel.No. (808) 523-2500
Facsimile No. (808) 523-0842
dsimon@carlsmith.com
IAN R. WESLEY-SMITH 10626
121 Waianuenue Avenue
P.O. Box 686
Hilo,Hawai`i 96721-0686
Honolulu, Hawai`i 96813
Tel.No. (808) 969-8416
Facsimile No. (808) 935-7975
iwesley-smith@carlsmith.com
Attorneys for Appellant
1250 OCEANSIDE,LLC
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
1250 OCEANSIDE,LLC, CIVIL NO. 3CCV-25-0000025
(AGENCY APPEAL)
Appellant,
AGENCY DOCKET NO. PL-BOA-2024-
vs.
000104
BOARD OF APPEALS, COUNTY OF
HAWAI`I; SCOTT TREFETHEN, in his FINAL JUDGMENT ON APPEAL
official capacity as Chairman of the Board of
Appeals, County of Hawai`i; PLANNING
DEPARTMENT, COUNTY OF HAWAI`I;
JEFFREY DARROW, in his official capacity
as Acting Director of the Planning Department,
County of Hawaii; C & J COUPE FAMILY JUDGE: HON. KAUANOE JACKSON
LIMITED PARTNERSHIP
A..ellees.
4935-6687-3185.1.051730-00058 2
FINAL JUDGMENT ON APPEAL
On January 17, 2025, Appellant 1250 Oceanside, LLC ("Oceanside") filed its Notice of
Appeal from the Findings of Fact, Conclusions of Law, Decision and Order entered by Appellee
County of Hawai`i Board of Appeals ("BOA") in Docket No. PL-BOA-2024-000104 ("BOA
Decision and Order"). Dkt. 1. In its appeal, Oceanside asserted that the BOA Decision and
Order should either be remanded for failing to comply with Haw. Rev. Stat. ("HRS") § 91-12 or
reversed on the substantive merits.
On August 18, 2025, the Court entered its Findings of Fact, Conclusions of Law, and
Order Vacating and Remanding the Board of Appeals Findings of Fact, Conclusions of Law and
Order, a copy of which is attached hereto as Exhibit 1 ("FOF/COL"). Dkt. 175. In its
FOF/COL, the Court vacated the BOA Decision and Order for failing to comply with HRS § 91-
12, and remanded the matter back to the BOA to adopt a new decision and order that complies
with HRS § 91-12. The Court did not reach the merits of Oceanside's substantive challenges to
the BOA Decision and Order.
All claims against all parties have been resolved as set forth in the FOF/COL, and this
matter is remanded to the BOA for further proceedings pursuant to the FOF/COL. To the extent
that it may be construed that there are any other claims not addressed by this judgment or the
FOF/COL, they are dismissed without prejudice.
Pursuant to Rules 58 and 72(k) of the Hawai`i Rules of Civil Procedure and the
FOF/COL, final judgment is hereby entered in favor Oceanside and against all appellees (BOA;
Scott Trefethen, in his official capacity as Chairman of the BOA; Planning Department, County
of Hawai`i; Jeffrey Darrow, in his official capacity as Director of the Planning Department,
County of Hawai`i;`C &J Coupe Family Limited Partnership).
4935-6687-3185.1.051730-00058 3
DATED: Kailua-Kona, Hawai`i, OCT 28 2025 , 2 .
JUD G 0 T ABO ,4 -ENTITLED COURT
APPROVED AS TO FORM:
RENEE N.C. SCHOEN, ESQ.
DEMETRI G. LAMETTI, ESQ.
LERISA L. HEROLDT, ESQ.
Attorneys for
COUNTY OF HAWAI`I BOARD OF
APPEALS, COUNTY OF HAWAI`I
PLANNING DEPARTMENT, and
JEFFREY DARROW, in his official
capacity as Director of the Planning
Depai talent
KENNETH R. KUPCHAK, ESQ.
MARK M. MURAKAMI, ESQ.
KATIE T. PHAM, ESQ.
TOREN K. YAMAMOTO, ESQ.
Attorneys for
C & J COUPE FAMILY LIMITED PARTNERSHIP
1250 Oceanside, LLC vs. Board of Appeals, County of Hawaii, et al., Civil No. 3CCV-25-
0000025; Third Circuit Court, State of Hawai`i; FINAL JUDGMENT ON APPEAL.
4935-6687-3185.1.051730-00058 4