COM 0092.028 2004-2006 - Laserfiche WebLink

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HIATT: Okay. My name is Jerry Hiatt. Is that okay, picking up? NOMURA: Yes, thank you. HIATT: Thank you very much. I understand the panel has given us 2 hours this morning if we need it; and we've worked hard with Mr. Ishado and Mr. Yuen's office to try to be as efficient as we can in covering lots of material. My name is Jerry Hiatt from the law firm of, Law Offices of Jerry Hiatt. With me is Peter Kubota. We're both representing Continental Pacific, LLC. The only introductory remark 1 would like to make is that we have filed a brief, and the Planning Department has also filed a brief,on what we believe are the legal issues and the relevant factual background in the case. In essence, the Planning Department's decision denying the recognition of three former plantation camps, lots deprives our client's, Peter's and my client's, of the use of two hundred and, approximately 224 lots. And that denial was made in the face of ten previous camps lot subdivisions which were approved in 1995. That's a big point, number one. And it was made in the face of three prior Corporation Counsel opinions dating from 1985 given to, I believe, this Board which recognize that pre-existing lots, if they existed before 1944, must be recognized. So that creates issues under Chapter 91 and also creates due process issues, and it also creates equal protection issues. We will have four witnesses. Mr. Kubota will go first, and we'll review the history. We'll then call Mr. Cheplic, if he's here; and potentially Mr. Correa; and then we'll wind up with Mr. David Callies, Professor David Callies, from the UH Law School. With nothing further than that, I'll begin with my first witness if that's agreeable to the panel? FOX: Go right ahead, please. ISHADO: Excuse me. FOX: Mr.lshado. ISHADO: You're right, they did cut off my mike. I suppose, Mr. Chairman, there the County also has right to make an opening statement? FOX: Yes, you do, I'm sorry. Please go ahead. NOMURA: Use that other microphone. 3