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COM 0401.000 1996-1998
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COM 0401.000 1996-1998
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Last modified
5/13/2008 11:27:27 AM
Creation date
5/10/2008 7:54:42 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0401
Point
000
Author
Mark Van Pernis, Van Pernis, Smith & Vancil, Attorney at Law
Communications - Referred To
PWPC
Comments
Referred: PWPC - 7/12/97 PWPC: Defer (Staff to work on the sign ord.to clarify the definition of signs, and enforcement provisions) - 08/05/97 PWIRC: Close file - 2/1/05
Communications - File Code
ADV
Document Relationships
AGE PWIRC 02/01/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Public Works & Intergovernmental Relations Committee (PWIRC)
COM 0045.000 2004-2006
(Related)
Path:
\Council Records\Communications\2004-2006
COM 0401.001 1996-1998
(Related To)
Path:
\Council Records\Communications\1996-1998
COM 0401.002 1996-1998
(Related To)
Path:
\Council Records\Communications\1996-1998
COM 0401.003 1996-1998
(Related To)
Path:
\Council Records\Communications\1996-1998
COM 0401.004 1996-1998
(Related To)
Path:
\Council Records\Communications\1996-1998
COM 0401.005 1996-1998
(Related To)
Path:
\Council Records\Communications\1996-1998
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<br /> legal action for selective and inequitable enforcement avoided, they must be <br /> <br /> uniformly and fairly interpreted. and actually enforced against all, not just <br /> one. <br /> 5. If the County of Hawaii establishes that any sign law. <br /> ordinance or r~ulation is applicable to the banners or fla¢s of the <br /> application and that the same have been and will be uniformly interpreted <br /> and enforced against all businesses with such banners or flays, the Applicant <br /> will cooperate as appropriate with the County. However, as indicated above <br /> and particularly in section 3 above, this does not yet appear to be the <br /> situation. Obviously, discriminatory interpretation and enforcement of <br /> commercial signage laws can have the effect of favoring certain competing <br /> businesses over others or creating advantages for some businesses and <br /> disadvantages for others. This can cause economic damages and potential <br /> liabilities and claims for compensation. <br /> 6. The Applicant is represented by Mark Van Pernis, and Van <br /> Pernis, Smith & Vancil in this matter. The County of Hawaii and its <br /> representatives are encouraged to contact him at any time in this matter. <br /> Dated: ~ , Kailua-Kona. Hawaii <br /> JOSE BUSINESS TRUST <br /> By <br /> Its Office Manager <br /> and By~J <br /> MART VAN PERNIS <br /> Attorney for Applicant <br /> 2 EXHIBIT A <br /> <br />
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