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Page 2 of 2 <br /> -----Original Message----- <br /> From: cyuen [mailto:chris_yuen@co.hawaii.hi.us] <br /> Sent: Sunday, April 29, 2007 1:36 PM <br /> To: 'Charles Flaherty' <br /> Cc: Kaetsu, Dixie; Ashida, Lincoln; Self, Amy <br /> Subject: RE: DHHL Memorandum of Understanding, 2nd request <br /> Chuck: <br /> We agreed to the MOU because we believe that the MOU conforms to the existing law with respect to the <br /> county's land use authority over DHHL property. The question whether the county's General Plan and <br /> zoning regulations can control the uses of DHHL property has been the subject of a number of state <br /> attorney general and corporation counsel opinions, and there are some areas where arguments can be <br /> made on both sides of the issue, particularly with respect to DHHL commercial and industrial leases. (It is <br /> fully agreed that county zoning cannot override the Hawaiian Homes Commission's decisions with <br /> respect to residential and agricultural leases.) The law could be made certain only by a state supreme <br /> court decision directly addressing the issue. The state supreme court did indicate, however, in Keoo'o v. <br /> Watson, 87 Haw. 91, that the Hawaiian Homes Commission, and not land use regulations such as county <br /> zoning, would control the uses on DHHL property. While this is not necessarily the final decision <br /> (because the case itself concerned the EIS law and not zoning) it is the strongest word from the supreme <br /> court on this issue and was a primary basis for our analysis that the MOU is consistent with existing law. <br /> -----Original Message----- <br /> From: Charles Flaherty [mailto:oneheart@aloha.net] <br /> Sent: Sunday, April 29, 2007 12:20 PM <br /> To: 'Chris Yuen' <br /> Cc: Kaetsu, Dixie; Pilago, K. Angel; Higa, Stacy; Naeole, Emily; Ford, Brenda; Jacobson, Bob; <br /> Yagong, Dominic; Ikeda, Donald; Yoshimoto, J; Hoffmann, Pete <br /> Subject: DHHL Memorandum of Understanding, 2nd request <br /> Second request. <br /> -----Original Message----- <br /> From: Charles Flaherty [mailto:oneheart@aloha.net] <br /> Sent: Wednesday, April 04, 2007 1:23 PM <br /> To: 'chris_yuen@co.hawaii.hi.us'; 'Kaetsu, Dixie' <br /> Cc: 'KAPILAGO@co.hawaii.hi.us'; 'shiga@co.hawaii.hi.us'; 'enaeole@co.hawaii.hi.us'; <br /> 'bford@co.hawaii.hi.us'; 'jjaco@co.hawaii.hi.us'; 'dyagong@co.hawaii.hi.us'; 'Donald Ikeda'; <br /> 'jyoshimoto@co.hawaii.hi.us'; 'PHOFFMANN@co.hawaii.hi.us' <br /> Subject: DHHL Memorandum of Understanding <br /> Aloha Chris, <br /> What is the legal basis for the memorandum of understanding which exempts DHHL from the <br /> County General Plan and other county laws? <br /> Mahalo, <br /> Chuck <br /> <br /> 10/15/2007 <br /> <br />