2009-01-15 THAWAIIAN RAINFOREST - Laserfiche WebLink

Home

WATANABE: But you sold the land with access? MOORE: Yes. WATANABE: How were they going to get there? MOORE: It’s not a practical issue, it’s a legal issue. WATANABE: We’re really dancing around this issue but access is practical. I’m sorry, you can’t have it both ways. If you sold the land in 1938 and you said, don’t worry, Mr. Buyer, you have access but you never owned the right, full rights, to all of the land to which you provided access over, what happened? Do you follow me? MOORE: I follow you. WATANABE: Huh? MOORE: I follow you. WATANABE: Something is wrong. MOORE: Yes. WATANABE: But it’s not an issue that the applicant created. He certainly had nothing to do with the 1938 transaction. MOORE: Correct. WATANABE: This is a tough argument you’re producing. Even for a lay person for me, I mean, you know -. MOORE: It’s, you know, Mr. Watanabe, I’m not presenting that argument, me, as a basis for denying the applicant. I think that’s a planning decision. Okay? I’m just pointing out the facts, that there is this problem legally with respect to access that needs to be resolved. And, in fact, as I mentioned, Shipman has been trying to get this thing resolved with the applicant, you know, almost daily since the last Commission hearing. And we’ve been negotiating with the applicant and actually came very close up until last night in negotiating a settlement with them. So it’s not that Shipman is being obstinate against the applicant. We’ve been cooperating with them and acting in good faith with them in trying to resolve these issues.So it’s not like we’re, you know, just -. WATANABE: All right. And I realize you’re pitch hitting too, so I’m not going to shoot the messenger (jokingly). MOORE: Thank you. WATANABE: Yes, Mr. Woodward. EXHIBIT A 11