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<br /> <br />Page 24 <br />1 <br />10:16 a.m.) <br /> <br />2 <br />CHAIR NAHUINA: Thank you. It's 10:16. <br />3 <br />We're out of Executive Session, and I would like to <br />4 <br />announce that the Board has made a decision. By <br />5 <br />unanimous decision, the Board has denied the County's <br />6 <br />motion to dismiss, and we will be hearing this case on <br />7 <br />its merits. <br />8 <br />At this time, we would look to ask -- <br />9 <br />MR. MUKAI: Before we proceed, I would ask <br />10 <br />that the Board issue a written decision that -- I have <br />11 <br />to dig up Circuit Court -- <br />12 <br />MR. HALVORSON: Yes. I will -- been writing <br />13 <br />that and drafting for the Board's approval a decision <br />14 <br />in this case. <br />15 <br />MR. MUKAI: I would ask that the decision be <br />16 <br />written prior to us proceeding. I have strong feelings <br />17 <br />against proceeding. I do think it's a violation of <br />18 <br />Chapter 89 if the Board forces the County to proceed. <br />19 <br />CHAIR NAHUINA: Your request is duty <br />20 <br />noted, and the Board is going to decide to continue on <br />21 <br />with this. <br />22 <br />MR. MUKAI: Okay. <br />23 <br />CHAIR NAHUINA: At this time, I would like <br />24 <br />to ask if there are any additional opening statements <br />25 <br />to be made. <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />