RES 114 Draft 01 2012-2014 - Laserfiche WebLink

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4ftY Os Mir.. COUNTY OF HAWAII --(�� / STATE OF HAWAII RESOLUTION NO. 114 13 A RESOLUTION ADVISING THE CORPORATION COUNSEL TO ACCEPT THE CIRCUIT COURT DECISION IN THE RICHARD AND PATRICIA MISSLER VERSUS COUNTY OF HAWAII BOARD OF APPEALS, MALAMA INVESTMENTS LLC, LOREN AND MARY SAXTON, AND B.J. LEITHEAD-TODD CASE, AND FORGO APPEAL OF SAID CASE. WHEREAS, the Hawai`i County Charter, per Section 6-5.1, provides that the Corporation Counsel is the County's "chief legal advisor and legal representative"; but is not a policy making body; and WHEREAS, the Corporation Counsel is responsible to the County Council where settlement or litigation becomes an issue, such that the Council is the ultimate decision-making branch of the County when a question concerning an appeal or a settlement versus litigation arises; and WHEREAS, on April 25, 2013, Judge Ronald Ibarra issued the Findings of Fact, Conclusions of Law, and Decision and Order in the case of Richard Missler and Patricia Missler, Appellants, versus Board of Appeals of the County of Hawai`i, Malama Investments LCC, Loren and Mary Saxton, and B.J. Leithead-Todd, Planning Director, Department of Planning, County of Hawai`i (hereafter referred to as the Decision); and WHEREAS, the Court ruled against the County Appellees and in favor of the Missler Appellants; and WHEREAS, the Council believes that the Court correctly concluded that the County has the affirmative duty to uphold the public resources trust doctrine and that the Planning Director as an officer of the County therefore has the constitutional duty to enforce this doctrine in her official decision-making, regardless of whether the property is public or private property; and