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+tr or N~~ 6i' COUNTY OF HAWAII STATE OF HAWAII i ~Tf O~'M?M RESOLUTION NO. 269-04 Draft 3 A RESOLl1TION REQUF,STING THE OFFICE OF THE CORPORATION COUNSEL, COUNTY OF HAWAII, TO SEEK EXPEDITED BRIEFING AND DECISION BY THE SUPREME COURT OF THE STATE OF HAWAI`[ IN THE APPEAL OF CIVIL CASE NO. 00-I-0192K, WALTER JOHN KELLY ET. AL. VS. 1250 OCEANSIDE PARTNERS ET. AL. WHEREAS, the Council of the County of Hawai' i is an elected, policy-making legislative body and bears considerable responsibility for planning and land use decisions in the County of Hawai' i. as well as the lawful integrity of those decisions; and, WHEREAS, the timely and just resolution of disputes pursuant to land use approvals and permits granted by the Hawaii County Council and/or county planning officials is a matter of great and enduring concern to the Council; and WHEREAS, the Council has followed with keen interest the litigation in the case of Wafer John Kelly et. a/. vs. 1250 Oceanside Partners et. a/., Civil No. 00-1-0192K (the "Lawsuit"), filed in the Circuit Court of the Third Circuit of the State of Hawaii, to include the'fhird Circuit Court's decision contained in the "Third Amended Final Judgment' rendered on August 27, 2004 (the "Judgment") and various orders issued by the judge, the Honorable Ronald Ibarra, including the land use entitlement rulings set forth in the Court's Amended Findings of Fact; Conclusions of Law; Order regarding Trial on Count IV of the Fifth Amended Complaint dated October 22, 2003 (the "Land Use Order"); and WHEREAS, resolution of the issues surrounding the Hokuli'a project in South Kona and the 1998 development agreement executed between the project developer, Oceanside 1250 Partners, and the C ounty of Hawaii, are a matter of grave and far-reaching concern to this Council, successive Councils, and the citizens of the County of Hawaii; and WHEREAS, the Hawaii County Council does not presume to speak with authority on matters pertaining to the Lawsuit, but does wish, in the spirit of plain and genial communication, to express lour basic concerns as they relate to our request for the Lawsuit, on appeal. to he heard by the Supreme Court on an expedited basis. These concerns are as follows: I. County officials require actionable clarity in statutes relating to land use and the financing of public infrastructure. Local legislators in Hawaii, as throughout the nation, are challenged to welcome and accommodate new tides of human settlement and population growth. We also are 1