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ASh£OYd & WYYStOn icil rrcvvo 1V .VL the landowner has acquired vested rights to proceed with the use of land under the "old" regulations. 4'. ihat ir3iivf tiiE vi•-a° Ger~Ei"ai Bari VilSii:'fi TE4,;isa the dfx'iiceGGii Gfpiibiic parking or accessways across private ]and as a co~itioa of wastal developmeni approval results in an unconstitutional condition on land devebpment unless the County can demGnshaie that the proposed developmeni directly and praportionaieiy gtncraies a need for such gablic parking and public access. 5. The enforcement by any County official of any of the above Draft General Plan provisions, when found to be nnconstitutioaal, will expose the county acrd Ure eaiorcirrg County official, to liabiBty for darrnages wrda section 1983 of the U.S. Civil Rights Aet of 1870 under a series of U.S. Supreme Court cases shipping local government and its local officials of imrmmity from such lawsuits claiming a taking ~prep~rty by regulation. Q. THE PLAN AS LAW pleas ut general are more than mere policy guides in Hawaii. Thus, for example, Act 100, the lzawrul State Pia-ii. r~j'~irw 5•iata aSwii.18S i0 rwi III ,U'ru°GairiauGa Critii the 5'ifite plan's u'lAnA, goals, objectives, policies and priority guidelines, and cormties to °fuAher define" and "take into consideration" (but neither conform bo nor be consistent with) the aforesaid in formulating their county general and development plans. HRS 226-5 l et seq.,Planning Coordination and IIIlDletnentatl0n. However, the relationship of county plans to traditional land use controls like zoning and subdivision codes is far [Wore burdensome, particularly in Hawaii County. Thus, far example, the Charier for Hawaii County requires, at section 3-15: b. No public improvement, project, subdivision or zoning ordinances shall be initiated or adopted rmless tbe same conforms to and implements the General Plan. While it is theoretically possible to argue over the meaning of"conformance° it would be difficult ro argue, for example, that a county general plan designation in a conservation or agricultural district would pemrit any but those conservation or agricultural uses permitted in that planning district. Moreover, is Save Sunset Shores v City and County of Honolulu, P.3d (2003) the Hawaii Supreme Court earlier this year made it pretty clear that in the event of conflict between calmly zoning and county clans; tha more restrictive of the two wit! ¢gvem, Therefore; i7ie Hawaii County General Plan becomes not a guidance document for malong ]and use decisions, but rather a document to which local zoning and subdivision decisions must conform, and in the event of conflict, the more restrictive provisions of the General Plan, if any, will control. 2