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11-02-2021 Intervenor - Exceptions to WPC Proposed FOF, COL, DO
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2021-11-04 Windward
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Item #3 Connections/CBESS (SPP-12-000138)
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11-02-2021 Intervenor - Exceptions to WPC Proposed FOF, COL, DO
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11/2/2021 12:17:34 PM
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director's revised recommendations cannot be "rehabilitated." The former <br /> planning director did not make a new appearance in this proceeding and even if she <br /> could, she cannot offer new evidence to "fix" her revised recommendations to "fit" <br /> the outcome that the Planning Commission now desires. In any event, the revised <br /> recommendations are not supported by the original findings that were NOT <br /> VACATED or challenged on appeal. As such, the former planning director's <br /> revised recommendations stand in direct contradiction with the unvacated and <br /> unappealed findings. <br /> Finally, as noted in the record for the October 7, 2021 meeting, some <br /> commissioners believed that the case should be sent up to the State Land Use <br /> Commission for final action. However, that belief does not relieve the Planning <br /> Commission from making a proper decision on remand, based on the record. <br /> Request for Relief <br /> The Planning Commission should instead adopt the Intervenor's <br /> proposed amendments to the Planning Commission's original decision. <br /> Dated at Kailua-Kona, Hawaii: November_,202 1. <br /> JEFFREY GOMES, Intervenor <br /> )t WLAW� <br /> By <br /> Mi ael J. Matsukawa <br /> His Attorney <br /> 16 <br />
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