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<br /> <br /> <br /> <br /> <br /> Charles Flaherty <br /> <br /> From: Charles Flaherty [oneheart@aloha.net] <br /> Sent: Wednesday, February 20, 2008 1:31 PM <br /> To: 'counciltestimony@co.hawaii.hi.us' <br /> <br /> Cc: 'Ford, Brenda'; 'Hoffmann, Pete'; 'Donald Ikeda;'jjaco@co.hawaii.hi.us;'shiga@co.hawaii.hi.us'; <br /> 'enaeole@co.hawaii.hi.us'; 'KAPILAGO@co.hawaii.hi.ue; 'Dominic Yagong'; <br /> 'jyoshimoto@co.hawaii.hi. us' <br /> Subject: Comment on Communication 1014 <br /> Aloha mai Chairman Pilago and members of the Planning Committee, <br /> <br /> I provided testimony to the County Council regarding the issue of whether the Department of Hawaiian Home <br /> Lands must comply with county zoning laws last October. I have provided you with copies of that testimony. <br /> Since that time, I have spoken with David Kimo Frankel of the Native Hawaiian Legal Corporation. <br /> <br /> It is his opinion that county zoning laws apply to any development that is not related to homesteading, agricultural, <br /> farm, ranch, and aquaculture development. <br /> Given that county zoning on the DHHL 200 acre maikai Kealakehe property is "open", it is highly probable that the <br /> DHHL designation of that property as a commercial "project district" is illegal under state law. <br /> <br /> If the county Planning Director believes that the Memorandum of Understanding with DHHL precludes the county <br /> from enforcing its "open" zoning designation, it is highly probable that the Memorandum of Understanding <br /> between the county and DHHL is illegal under state law. <br /> Mahalo, <br /> Charles Flaherty <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Comm. No. <br /> Ref. To:rfbie ` <br /> <br /> 2/20/2008 Ref. Dote, V L13 2 2008 <br />