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01/20/2005 15:12 FAX 3102761590 1'FIREB D 002 <br /> 3D IN'JESTMENTS LLC <br /> 433 North Camden Drive, Suite 900~.~i;a ~f~;d ~ i 'I'~ ' ? <br /> Beverly Hills, CA 90210 <br /> Telephone: 310-276-1290 <br /> Facsir~ile:310-276-1590 r'Cil <br /> January 20, 2005 <br /> County Council <br /> County of Hawaii <br /> Hawaii County Building <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Re: Legal Objection to the adoption of LUPAG Amendments I-3, I-4 and I-5; Bill 163 for an <br /> Ordinance Adopting the County of Hawaii General Plan and Repealing Ordinance No. <br /> 89-142; TMK No. 9-2-1:72 anti 75; Consisting of 16,456.547 acres and 3,127.950 acres <br /> in Kahuku, District of Kau, Island, County and State of Hawaii <br /> Dear Chairman Safarik and Members of the County Council: <br /> This is to supplement our e~irlier written testimony to the County Council Planning <br /> Committee, objecting to the above-referenced amendments that would delete current land use <br /> designations for the property that is ncrw owned by our family's company. <br /> We are the owners of the ab~we-referenced property. Over the past year, our family- <br /> owned company, 3D Investments, thr~~ugh its local subsidiaries, acquired these lands along the <br /> coastline near Pohue Bay because we believe that the property has the potential to provide a <br /> unique visitor experience in low impact and culturally sensitive retreat resort. It is further our <br /> intent to incorporate coastal preservation, recreational and employment opportunities for the <br /> people of this community in our development. <br /> Subsequent to the date of our earlier letter to the County Council Planning Committee, <br /> we have received information indicatirg that the deletion of the current land use designations for <br /> the properly from the General Plan, which has been described as a regulatory document, would <br /> constitute an unconstitutional taking of property. This supports our previous testimony as to the <br /> investment expenditures in reliance cn the existing designations by our family, as well as our <br /> predecessors in interest. <br /> We request that you seriously take this issue into account prior to any deliberation on Bill <br /> No. 163, as we offer it as another ground of our objections to proposed amendments I-3, Imo, <br /> and I-5. <br /> Sincerely, <br /> i <br /> Joseph Daneshgar <br /> cc: Mr. Peter Hoffman, Co-chairperson Comm. No.~ya•-I-S--r~ <br /> Mr. Angel Pilago, Co-chairperson Ref. Toe~aw^CArwwul <br /> Mr. Chris Yuen, Planning Director Ref. L'ate~(y <br /> <br /> JRN-20-2005 12:09PM From: 3102761590 ID:TYM Paee:002 R=95% <br /> <br />