COM 0998.001 2006-2008 - Laserfiche WebLink

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Casey Jarman February 1, 2008 Page 4 in the Downzoning would have checked the Commission agenda and/or newspapers in anticipation of the October hearing and, seeing nothing listed, assumed the Downzoning matter was settled and no longer being considered by the Commission. The possibility of an October hearing was discussed at the August 31, 2007 hearing, where Kohala and the Planning Director stipulated to continue the matter to October 19, 2007, "subject to a continuance to a later hearing date in West Hawaii by agreement of the parties and approval by the Planning Commission." See Stipulation to Continue August 31, 2001 Hearing, a copy of which is attached hereto as Exhibit A. The Commission sent a confirming letter to Kohala, dated September 21, 2007, stating that the matter had been continued to the October Commission hearing date, "tentatively scheduled for October 19, 2007." The Commission assured Kohala that the Commission would "notify you of the details of the continued hearing when they are confirmed." See Commission letter, a copy of which is attached hereto as Exhibit B. The Downzoning was not before the Commission in October, and the only notice Kohala received of the December hearing was the Planning Director's letter dated November 15, 2007, stating that the Downzoning was scheduled to be before the Commission on December 12, 2007. Despite the Stipulation's open-ended language regarding the date of the continued hearing, notice of the December 12, 2007 hearing was published one time only. Kohala asserts that notice of the December hearing should have been published at least three times, as required under Haw. Ct. Code § 25-2-43 (c). A partial procedural history on the Downzoning and relevant hearing and notice dates are listed on the chart attached hereto as Exhibit C. Kohala never agreed to the December 12, 2007 hearing date, nor was Kohala informed of the Commission's approval of the December 12, 2007 hearing date, both of which were required under the Stipulation.' In addition, Kohala was not timely noticed on the December 12, 2007 hearing. The Planning Director's letter to Kohala regarding the December hearing was dated November 15, 2007, too late to comply with Haw. Ct. Code § 25-2-43 (d), ' On December 7, 2007, Kohala sent a letter to the Commission stating numerous concerns with respect to the Commission and Planning Director procedures on the Downzoning.