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Dominic Yagong <br /> July 14, 1997 <br /> Page Three <br /> damages and potential liability resulting from favoring one competing <br /> business over another. <br /> As the second page of Exhibit "A" points out, several of <br /> International Motors' West Hawaii competitors with their flags have no <br /> permits or variances and are not the subJect of County enforcement action. <br /> <br /> This is also the situation in Hilo and elsewhere. As to numbers of signs, this <br /> is also the case. We are prepared to prove this situation, but it should be <br /> obvious by driving through commercial districts, and observing the signage, <br /> particularly at auto sales businesses. <br /> Obviously government has an interest in regulating signage for <br /> public benefit, aesthetics and safety, and particularly in Hawaii. However, <br /> such regulation must be fair and uniform. If the enforcement of such <br /> regulations are sporadic and unequal, non-compliance with and challenges <br /> to the regulations can be expected. <br /> One solution for this matter might be to give International <br /> Motors a temporary variance for all of its existing flags/banners until such <br /> time as all similar flags/banners and excessive numbers of signs are resolved <br /> by appropriate County enforcement action, at which time the variance would <br /> cease and International Motors also would have to come into compliance. <br /> Please consider this variance application seriously and <br /> comprehensively in light of Inernational Motors' hardship and their position <br /> <br /> where they appear to be the victim of unfairness or discrimination. If any <br /> additional input or information would be necessary or helpful, please contact <br /> us. We look forward to your response. <br /> Sincerely yours, <br /> VAN PERNIS, SMITH & VANCIL <br /> B <br /> MARK VAN PE <br /> <br /> MVP/ar-g <br /> <br /> Enclosures <br /> <br /> cc: Laddie Jose <br /> Councilman Joe Reynolds <br /> <br />