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<br /> <br /> <br /> Lincoln S.T. Ashida <br /> Harry Kim Corporation Counsel <br /> Mayor i• <br /> Gerald Takase <br /> Assistant Corporation <br /> o: A Counsel <br /> <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 <br /> <br /> May 23, 2006 <br /> <br /> <br /> Chairman Stacy Higa <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> <br /> Dear Chairman Higa: <br /> <br /> Re: Request by Council Members Jacobson, Pilago, and Hoffmann <br /> for a Legal Opinion as to Potential Liability/Litigation Issues <br /> Regarding the Memorandum, dated October 24, 2005, from the <br /> Department of Public Works to the Planning Director relating to <br /> Hiluhilu Development, LLC's Change of Zone Application and <br /> potential individual liability of Council Members who vote in favor of <br /> the Hiluhilu Development, LLC's Change of Zone Application. <br /> <br /> Pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, we request <br /> an attomey-client confidential discussion in executive session to consult with the County <br /> Council on the above-entitled case. We ask that this case be placed on the County <br /> Council's agenda for June 5, 2006. <br /> <br /> Thank you very much. <br /> <br /> Very truly yours, <br /> <br /> <br /> <br /> ANS. SELF <br /> Deputy Corporation Counsel <br /> <br /> AGS:kd <br /> <br /> cc: Mayor Harry Kim, Attn: Dixie Kaetsu 4 <br /> <br /> <br /> s:\dep[\county councd\AGS mist\WRK 06-12330 Itr to Higa re Executive Session AGS:kd Comm NO. <br /> Ref. To: <br /> Ref. Date <br />