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Kenneth G. Goodenow - • <br /> Attorney at Law <br /> C . <br /> 157 Kualua Place <br /> Hilo, Hawaii 96720 o, <br /> (808) 933-2423 11,7 " ; Q :Q <br /> July 25, 2012 <br /> Dominic Yagong, Chairperson <br /> and Members <br /> The Hawai`i County Council <br /> The County Building <br /> 25 Aupuni Street <br /> Hilo, Hawai`i 96720 <br /> Re: Bill 168 Proposed Change of Zone <br /> July 31, 2012 Planning Committee Meeting <br /> Donny Souza and Melissa Mulliken Applicants <br /> Dear Chair Yagong and Members: <br /> Approval or disapproval of Bill 168 is solely contingent on whether the requirements of <br /> Hawaii County Code Section 25-2-40 have been met. Unfortunately,when this matter was last <br /> before the Planning Committee,much of the discussion centered on the mediation that took place <br /> between the applicants and my client, Susan Langer. <br /> For the record, I would like it clear that the applicants and attorney Diana Van De Car <br /> were informed by letter prior to mediation that a negotiated agreement was unlikely. A copy of <br /> this letter is attached as Exhibit 1. <br /> Ms. Langer's primary opposition to Bill 168 has always been that she strongly believes <br /> such a rezoning would violate the county charter and code. In hindsight, I believe my advice that <br /> she participate in the mediation suggested during an earlier Planning Committee meeting was <br /> wrong. Quite frankly, any agreement between Ms. Langer and the applicants would be <br /> completely irrelevant to the question before you, i.e., does this proposed rezoning comply with <br /> the county charter, code and general plan. <br /> Yours very truly, <br /> KENNETH G. GOODENOW <br /> Attorney for Susan Langer <br /> Attachment: February 2, 2012 Letter S 2-(0+l <br /> Comm. No� <br /> Ref.To: Gr, <br /> Ref. Date JUL ZO1Z <br />