COM 0117.002 2008-2010 - Laserfiche WebLink

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January 27, 2009 Mr. J Yoshimoto Chairman Hawaii County Council 25 Aupuni St. Hilo, HI Mr. Yoshimoto, This is a formal request for the Hawaii County Council to release to West Hawaii Today, the public, an opinion recently provided to the council by Corporation Counsel Lincoln Ashida regarding the legality of "fair share assessments" for developers, a communication that Ashida confirmed is privileged information and cannot be made public without council approval. The full council referenced this information during session on Jan. 23 as an underlying guide in determining a zoning decision, specifically noting the potential illegality of "fair share assessments" in light of Judge Ronald Ibarra's 3`d Circuit Court ruling with Hokulia. The questionable legal status of these assessments continues to be voiced by Councilman Pete Hoffmann as a basis of his "no" vote on any application where such assessments are imposed. As such, it becomes clear that while of a legal nature, it appears there is nothing proprietary about Corporation Counsel's opinion, since it, too, must be based upon public record case law. However, as long as the issue of"fair share assessments" remains unclear and the basis upon which they are imposed is not rendered transparent for the public and developers, the door is left ajar for zoning actions to be subject to litigation against the county; the cost of which will be borne by the public - a public which is not being allowed access to or full knowledge of the legal and procedural process under which the county is granting said zonings and applying those "fair share assessments." (808) 329-931 1 1-800-355-391 ~ Administration/Circulation fax (808) 329-2941 Newsroom fax (808) 329-4860 Newsroom email wht@aloha.net Advertising fax (808) 329-3659 Advertising email ads@westhawaiitoday.com P.O. Box 789, Kailua-Kona, Hawaii 96745-0789