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<br /> <br /> <br /> <br /> <br /> In summary, the council must determine exactly what <br /> conditions, if any, it seeks to add to an already existing <br /> rezoning measure. Thereafter, the council must determine <br /> whether there is a factual basis for that condition. Then, <br /> the council must determine whether the imposition of that <br /> condition may be discriminatory if applied only to the land <br /> under consideration. Next, the council must determine at <br /> what stage of the permitting-planning process the landowner <br /> is and whether certain "final discretionary approvals" have <br /> already been granted so as to estop the county from adding <br /> more conditions. <br /> It is difficult to give you a "yes" or "no" answer <br /> since each case must be analyzed carefully in light of the <br /> existing facts and law of the case. Please call me if you <br /> have further questions. Thank you. <br /> Yours Y, <br /> <br /> <br /> Michael J. Matsukawa <br /> <br /> <br /> cc: Mayor Inouye <br /> Norman Hayashi <br /> Bruce McClure <br />