2020-02-06 Exh B Piilani Partners Remand SMA 18-070

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this big pile. All right, so basically, "Based on the foregoing" this is the Court's Order, the "D"—"the Decision & Order [D&O] is vacated," there, it's talking about the Planning Commission's last Decision & Order regarding Piilani, "is vacated in its entirety and the matter is remanded to the Commission. Within sixty [60] days of the entry of this Order, the commission shall issue revised findings of fact and conclusions of law in support of its original D&O that (1) do not rely on Piilani's use of plastic bottles as the basis for finding a substantial adverse environmental impact or inconsistency with the objectives and policies of Chapter 205A, HRS" Hawaii Revised Statutes, "and (2) clarify, consistent with this opinion, its findings of fact and conclusions of law regarding its application of the public trust doctrine." Finally, the Court says, "If the existing record does not support such a finding [findings] or conclusions of law, the Commission shall reverse the original Decision & Order [D&O]." So, that's pretty much what this hearing today is limited to, is what the Court has ordered the Commission to do, so that's what the Commission will be focused on, and yeah, all right, that's it. RAFFIPIY: Thank you very much, Ms. Hall. HALL: Mm-hmm. RAFFIPIY: Yeah, we'll just go, we just want to remind everybody that if you want to testify on this matter, please sign up—or any other matters on the agenda please sign up in front. Before we entertain public testimony, is there any questions from the Commission in regards to what Ms. Hall was, the Court ordered? DELA CRUZ: Yeah, Chair, I'd like to go into executive session to ask our Corp. Counsel some legal questions. RAFFIPIY: Is that a motion? DELA CRUZ: Yes, I'd like to make a motion. RAFFIPIY: There's a motion on the floor right now to AU: Second RAFFIPIY: —get into executive session. AU: Second. REPLOGLE: Second. RAFFIPIY: It is moved and second—all those in favor say, "aye?" COMMISSIONER: Aye. EXHIBIT B 2