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BICKERTON • LEE ¦ DANG SULL[VAN <br /> A LIMITED LIAHI LITV LAW PA 0.TNE0.5N IP <br /> October 12, 2007 <br /> ~a Facsimile (80&961-8912) and E Mail (eouneiltestimony@cahawaiihLus) <br /> <br /> TO: Members of the Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> P.E: Ho`omalu Hawaii's Testimony Regarding Bill No. 167 (Draft 2) or, in the Alternative, <br /> Bill No. 167 fot an Ordinance to Amend Chapter 25, Zoning Code, Hawaii County Code <br /> 1983 (2005 Edition, as Amended), Relating to Retail Establishments <br /> DATE OF MEETING: October 17, 2007 <br /> TIME OF MEETING: 1:00 F.M. <br /> Dear Members of the Hawaii County Council: <br /> This testimony is jointly submitted by lames J. Bickerton, Esq. and David A. Paulson, Esq.. Mr. <br /> Bickerton is a partrler and Mr. Paulson is an associate with the law firm of Bickerton Lee Dang <br /> & Sullivan (`BLDS'. BLDS is legal counsel to Ho`omalu Hawaii, a sffitewide grassroots <br /> coalition that opposes the development of superstores in Hawaii. Ho`omalu Hawaii has <br /> members who reside on all the major Hawaiian Islands, including members who reside in the <br /> County of Hawaii. We are submitting this testimony on behalf of Ho`omalu Hawati. On June <br /> 28, 2007, BLDS submitted testimony on behalf of Ho`omalu Hawaii to the Hawaii County <br /> Planning Commission relating to what is known as Bill No. 167 and also what was known as Bill <br /> No. 165. Additionally, on September 17, 2007, and October 1, 2007, BLDS submitted testimony <br /> on behalf of Ho`omalu Hawaii to this Council relating to Bill No. 167. <br /> Ho`omalu Hawaii urges this Council to pass Bill No. 167, as originally drafted, for an ordinance <br /> to amend the Zoning Code to prohibit "superstores" in all zoning districts (the "Original <br /> Proposed Or~dmance"). As discussed in ow prior submitted testimony, the Original Proposed <br /> Ordinance has been carefully drafted to prevent the inhoduction of "superstores' in Hawaii <br /> County and to protect Hawau County residents liom the adverse impacts caused by <br /> "superstores." The Original Proposed Ordinance, like all ordinances passed by this CouncIl, <br /> extends to the entire County, including Hawaiian home lands to the extent permitted by the <br /> Hawaii Constitution and the Hawaii Revised Statutes ("HILS'~. As we have previously <br /> presented, we submit that the Original Proposed Ordinance will apply to Hawaiian homes lands <br /> because it is {a) a regulation of a commercial development only (as opposed to a regulation of <br /> any Native Hawaiian residential or agricultural activity), and (b) the regulation is a reasonable <br /> zoning ordinance that allows substantial economic development, just not "superstores." <br /> At its most recent meeting, the Council chose to amend the Original Proposed Ordinance to <br /> apply o~ to Hawaiian home lands {the "Amended Proposed Ordinsnce'~. Ho`omalu Hawaii <br /> submits that this Council should not restrict the application of the Original Proposed Ordinance <br /> Tnpa Financial Cen[er, For[ Strict Tower • T46 Fort Strett, Suite 801 • Honolulu, Hawa~ i 96813 <br /> Phone: 608.599.3811 Far 808.533.2467 Web: www.BSDS.com <br /> <br />