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

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and should have made during the October 7, 2021 hearing. D. CONCLUSION. Applicant CBESS, has at all times, followed the rules and been mindful of the Commission's role and rules of procedure. Applicant CBESS has been respectful of the process, despite the criminal property damage to its facilities and equipment, trespasses and more recently a physical assault of an employee by surrounding property owners. Intervenor Gomes and Mr. Matsukawa mock the process by asking the Commission to reconsider the scope of the remanded hearing which was decided upon on August 5, 2021. Intervenor Gomes and Mr. Matsukawa show their contempt for the process, the facts, the evidence and truth by filing this frivolous motion for reconsideration as "exceptions." This is not a game of"Chutes and Ladders." Unlike a Court's rules and procedures, the Commission's rules and procedures do not allow the Applicant to ask the Commission for an award of attorney's fees and costs against Intervenor Gomes and Mr. Matsukawa for their frivolous filing. Accordingly, Applicant CBESS respectfully requests the Commission, reject Intervenor Gomes and Mr. Matsukawa's Exceptions to County of Hawaii Windward Planning Commission's Proposed Findings of Fact, Conclusions of Law, Decision and Order Dated November 1, 2021. DATED: Hilo, Hawaii, November 3, 2021. :D H. S. HONG Attorney at Law Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES