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WATANABE: And so you may be seated; and let’s see what comes out from Mr. Yeh <br />and whomever else that may -. <br />SULLA: Certainly. But just to further answer to help the committee, we do have <br />documents that establish this easement. We can present that, we can present the entire report <br />which would at least demonstrate to everyone what kind of issue it is. I think the Commission <br />even is not going to resolve it but should at least be aware of what it is. <br />WATANABE: Yeah, I don’t doubt the validity. On the other hand, I don’t think we’re <br />really qualified to make determinations on legal access, yeah? So I think we’d probably want to <br />defer that to the court system. <br />SULLA: Okay. <br />WATANABE: Thank you. Okay, I have two others. I have Bill Walter and Mike Moore <br />who have signed up to testify on this subject. So I did see Mr. Walter around earlier. Is he still <br />here? <br />MOORE: Good morning, Mr. Chairman and Members of the Commission. My <br />name is Mike Moore. Bill had to go to a meeting. He thought it was at 10, but, so -. <br />WATANABE: Okay, so he won’t be able to -? <br />MOORE: He may be back after he attends that meeting. But in the meantime he’s <br />not here. <br />WATANABE: Okay. Can I swear you in then, Mr. Moore. Would you raise your right <br />hand. Do you swear or affirm to tell the truth now before the Planning Commission? <br />MOORE: I do. <br />WATANABE: Thank you. And then full name and address for the record. <br />MOORE: My name is Michael Moore. I’m an attorney with Tsukazaki, Yeh and <br />Moore. Address is 85 West Lanikaula Street, Hilo. Unfortunately Mr. Yeh who I know was <br />entertaining you previously had to go to Honolulu today so I’m -. <br />WATANABE: Pitch hitting? <br />MOORE: Yeah. So I would like to address the access issue. There are both legal <br />and planning aspects to it. So it’s not just a matter of whether or not there is legal access. But I <br />think there are also some planning issues, and this Commission should consider them. Let me <br />address both very briefly. <br />The legal issue is not as simple as Mr. Sulla made it out to be. Okay? And I, actually he’s aware <br />of certain facts that he didn’t share with you today; and those facts are that when Shipman <br />granted this easement to Olaa Sugar back in 1938 there were three areas along Milo Street that <br />were railroad rights-of-way that belonged to the Hawaiian, what was it, the old Railroad <br /> EXHIBIT A <br />8 <br /> <br />