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<br /> <br /> <br /> <br /> <br /> <br /> CARLSMITH BALL LLP <br /> A LIMITED LIABMM LAW PARTNERSHIP <br /> <br /> 121 WAIANUENUE AVENUE <br /> P.O. Box 686 <br /> Hno, HAWAII 96721-0686 <br /> TELEPHONE 808.935.6644 FAX 808.935.7975 <br /> W W W.CARLSMrrH.COM <br /> SLIMOCARLSMmi.COM OUR REFERENCE NO.: <br /> 05BB225-1 <br /> April 7, 2008 0 <br /> <br /> VIA HAND DELIVERY 0 n <br /> C. <br /> Honorable Angel Pilago, Chair = .a <br /> and Members of the Committee on Planning <br /> Hawaii County Council <br /> 333 Kilauea Avenue, Second Floor y- rv <br /> Hilo, HI 96720 ro <br /> Re: Kohala LLC - Bill No. 237 <br /> Tax Map Key No. (3) 5-9-001: 008 (37.88f acres) at North Kohala, Hawaii <br /> Planning Director-Initiated Downzoning Change of Zone (REZ 07-000067) <br /> From RS-15 District to RA-5-a District. and Repeal of Ordinance No. 97-102 <br /> <br /> <br /> Dear Chair Pilago and Members of the Committee on Planning: <br /> <br /> We represent Kohala LLC, the owner of the above referenced property located in North <br /> Kohala (the "Subject Property On April 1, 2008, upon immediately being informed of the <br /> Committee on Planning agenda for April 8, 2008, I submitted a letter informing the Committee <br /> on Planning that Kohala LLC and I would be unable to attend. We requested deferral to the next <br /> meeting scheduled for April 21, 2008. By letter dated April 4, 2008, Chairman Angel Pilago <br /> informed our office that despite our request, he would recommend that full discussion and action <br /> be taken on the above-referenced matter at the April 8, 2008 meeting. As I cannot attend the <br /> Committee on Planning meeting, I wish to submit this written testimony and again request that <br /> Kohala LLC be allowed to make its full presentation on this important matter at the next <br /> scheduled meeting on April 21, 2008. <br /> We are writing to inform you of serious legal issues that will arise should the Hawaii <br /> County Council approve the Planning Director's request to downzone the Subject Property from <br /> RS-15 to RA-5a and repeal Ord. No. 97-102 (collectively the "Downzoning"). The proposed <br /> Downzoning is illegal, the procedures followed to effect the proposed Downzoning are illegal, <br /> and the failure to consider reasonable alternatives to the proposed Downzoning is likewise <br /> illegal. We appreciate your consideration of these issues and believe that after consultation with <br /> Corporation Counsel, you and the other members of the Hawaii County Council, will agre at~ A <br /> Gomm. No. ' I <br /> Ref. Tol fro i Ow ~ <br /> Ref. Dote <br /> HONOLULV KAPOLEI HILO KONA MAN GUAM SAIPAN LOS ANGELES <br />