11-03-2021 Applicant Opposition to Intervenor's Exceptions to Proposed FOF, COL, DO

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remand and the merits of the Special Permit. The Commission previously allowed all parties to submit briefs and argue their positions on the scope of the Intermediate Court of Appeals remand in this case. The Commission held a public meeting on it on August 5, 2021, during which it took testimony from the public and argument from the parties in this matter. The Commission then took action and set the hearing on the Special Permit for October 17, 2021. Even a cursory review of Intervenor Gomes' and Mr. Matsukawa's "exceptions" clearly demonstrates that their submission reargues, rehashes and repeats their prior argument and positions. Intervenor Gomes and Mr. Matsukawa fraudulently label their extensive filing as "Exceptions" because under the County of Hawaii, Planning Commission Rules of Practice and Procedure (amended 8-9-2021), they are prohibited from filing a motion for reconsideration. Rule 4-31, of the County of Hawaii, Planning Commission Rules of Practice and Procedure (amended 8-9-2021) clearly states: 4-31 Reconsideration of Decision and Order. The Commission shall not reconsider its action in any contested case hearing after the effective date of its decision. (Emphasis added) Intervenor Gomes and Mr. Matsukawa are deliberately and intentionally trying to circumvent the Commission's rules of procedure by disguising their argument to have the Commission impermissibly reconsider its decision from the October 7, 2021 hearing. Mr. %11atsukawa, as former Corporation Counsel for the County of Hawaii should know better. He also has a professional obligation to follow the rules of procedure for all commissions, boards and administrative agencies. Rules 3.3(a)(1) and 3.9, Hawaii Rules of Professional Conduct, a lawyer shall not make a false statement of law to the Commission. In this case, the false