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To: County Council 1/23/09 <br />Re: Bi1128 Kaloko North Kona <br />From Mazgaret Wille, Waimea resident: in part support, in part oppose, and comment <br />2. I want to comment on provision K of this proposed Rezoning Ordinance <br />relating to fair share assessment. <br />Provision K provides for the payment of so-called "fair share" development impact fees. <br />The Third Circuit Court found that fair share exaction fee system to be illegal as <br />inconsistent with the State's impact fee law. See Third Circuit Court Decision of <br />September 2007 County of Hawaii v C&J Limited Partnership explicitly states this as a <br />conclusion of law. (see poster displaying this conclusion of law). <br />This Council is putting us taxpayers at risk by failing to bring this development fee <br />program into alignment with the State's Impact Fee Law. <br />Comm: No. V /~~ <br />Ref. To: . rase '~~/ <br />Ref. oafe z s zaag <br />