Laserfiche WebLink
CARLSl, . TH BALL WICHMAN CASE _c ICHIIC~ <br /> ATTORNEYS AT LAW C~ n~ ~ <br /> A PARTNERSHIP INCLUDING LAW CORPORATIONS ~ ' <br /> 121 WAIANUENUE AVENUE <br /> POST OFFICE BOX 686 <br /> HILO, HAWAII 96721-0686 , <br /> r.: <br /> _ µ <br /> TELEPHONE (606) 935-8844 <br /> FAX (806) B35-7975 ~ J <br /> OUR REFERENCE NO. 034466-2 <br /> December 3, 1997 <br /> <br /> James Arakaki John Santangelo <br /> Chairman Chairman <br /> Hawaii County Council County Housing Agency <br /> 25 Aupuni Street 25 Aupuni Street <br /> Hilo, Hawaii 96720 Hilo, Hawaii 96720 <br /> Re: Bi11 No. 171 to Amend the Hawaii County Code Relating to Affordable <br /> Housing Policy for the County of Hawaii <br /> Dear County Council Members: <br /> On behalf of Pualani Estates, Inc., the developer of the Pualani Estates <br /> Subdivision in Kailua-Kona, this will register Pualani's objections to the proposed Bill <br /> No. 171 which seeks to establish by ordinance an affordable housing policy, which we <br /> understand is materially different from the existing policy implemented by the County of <br /> Hawaii through Resolution No. 65 adopted on May 2, 1990 by the County Council, and <br /> implemented by the County Housing Agency and the Office of Housing and Community <br /> Development ("OHCD") since that date. <br /> Although the County of Hawaii may enact laws which express the Council's <br /> current policy for the affordable housing issue, the County cannot at the same time <br /> extinguish or devalue the legal rights and entitlements of those developers who have gone <br /> through the County of Hawaii's affordable housing sales programs approved by the <br /> County Housing Agency and OHCD. Whether you call the proposed bill a "taking", an <br /> impairment of "franchise" rights or other alternate equitable claim, the bottom line is that <br /> the developers who have fully satisfied their affordable housing requirements, and also <br /> those who are currently holding affordable housing credits granted by the County of <br /> Hawaii, will be prejudiced by the adoption of the proposed bill in its ((yp~~r~~es~entYfmorm. <br /> HONOLULU • KAPOLEI • HILO • KONA • MAUI • GUAM • SAIPAN • LOS ANGELES • WASHINGTOIR~D'C. <br /> • I~E7(1C!>ti~' <br /> ~j! I Z~_.. <br /> 'dle4. p~ate~.~P <br /> L1EC 1 0 199T_... <br /> <br />