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MICl~AEL J. MATSUKAWA ATTORNEY AT LAW . , TERRITORIAL CENTRE, SUITE 201 75-5751 KUAKINI HIGHWAY KAILUA-KONA, HI 96740 r- TELEPHONE NO. 18081 329-138 FAX NO 1808) 329-0512 July 2, 2002 Ms. Bobby Jean Leithead-Todd County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 RE: GENERAL PLAN ORDINANCE SITE G-6, HELLO GENERATION STATION SITE Dear Councilmember Leithead-Todd I had earlier written of my clients' concern on the proposal to designate the HELLO generator site as an Urban Expansion area. During the Kailua-Kona meeting, the planning staff stated that the reason for the designation is to conform to a 1994 ruling that the planning director had made that the site fell within the Urban Expansion, not Extensive Agriculture, designation on the LUPAG map. However, in Civil 97-017K, the circuit court found that the HELLO site falls within the Extensive Agriculture designation. HELLO was a party to this action and did not object to the court's finding. For that reason, I believe it improper to assert that the basis for the current proposal to designate the HELLO site as Urban Expansion is ~o conform to a prior ruling of the pla~~-r~iny ~'irector when a circuit court has already ruled that the HELLO site is in the Extensive Agriculture designation. Thus, the only reason for the current proposal is for the County to endorse its support to rezone the HELLO site in order to allow HELLO to expand its power plant. At this time, whether HELLO can or cannot complete the proposed expansion of its power plant under its so-called default entitlement is still before the state Supreme Court (since 1998) and the Court could rule that HELLO has no such entitlement. Cor~Yn, N®, F°iie No. ~tef. ~o:~ r3>~c~~e ~