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07-09-'87 13;82 FROM-SINSTONE REALTY 8t~8-523-9696 T-599 P61~4/004 F-645 The llonorable Pete Ho:Ffman July 9, 2007 Page 2 of 3 omission. David Callies, (belly, edJ Zoning and Lond Use Controls, Ch. 52D, Vested Rights at 52D.p1 and .02. Cn Hawaii, rights vest following issuance of a final discretionary permit, such as a SMA permit. County of Kauai v. Pacific Standard Life Ins. Co., 65 Haw. 318, 328, 653 P.2d 766,'774 (1982). SunStone should be able to deaelop the Property under the conditions set forth in Orduiarrce No. 87-47 and SMA OS-005, and not be subject to Bill 112 because SunStone negotiated SMA OS-005 with the County in good faith reliance on the County's representations. SunStone has spent substantial sums of money in connection with SMA OS-005 and has the right to proceed with development of the Property, i.e. ,construction of multiple family resi3ential units. commercial improvements and related parking and landscaping improvements, without having to comply with Chapter 11, or Bill l 12, both of which are unlawful as applied to SunStonc. Should the (:ounty wish to erode SunStone's vested rights, it should seek to acquire the Property and pay SunStone just compensation. For these reasoner and aursuant to Hawaii Countv Charter Section 13-18. we stron:g_y~tr¢e the Council to reject Bill 112, or, in the alternative, to make a further amendment to Bi11112 to clarify that, "Projects subject to valid SMA uermits. the reco¢nized final discretionary permit In Hawaii. are exemat from Chanter 11." Thank you for your assistance in this matter. Very truly yours, SunSton ~ LLC By: Curtis D. DeWeese Its Managing Member cc: Casey Jarman, County Clerk I-tarry ICim, Mayor, County of Hawaii Lincoln S.T. As:hida, Esq., Aepartment of Corporation Counsel, County of I-lawaii