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2004-01-16 TSPECTRASITE
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2004-01-16 TSPECTRASITE
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FUJIKAWA:Okay. Do I hear a motion? <br />SPRINGER:Mr. Chair, before we move, could we sketch out if we do move to grant <br />the petition for standing what comes next. It is determining whether the Commissioners as a <br />whole is going to hear it or whether itÓs going to be outsourced; and then setting up a calendar <br />for the hearing? <br />FUJIKAWA:ItÓs a discussion between the Commissioners and the staff. Director, can <br />you answer that. <br />YUEN:Yeah, thatÓs exactly right. <br />FUJIKAWA:Go ahead. <br />MCCALL:Well, I guess, I will move that we grant standing to Mr. Ronald H. Fong <br />and Dr. Bernard Fong in this matter. <br />FUJIKAWA:Okay, do I hear a second. <br />GRAHAM:IÓll second. <br />FUJIKAWA:It has been moved by Commissioner McCall and seconded b <br />Commissioner Graham that the standing be approved. Any questions? Go ahead, Commissioner <br />Graham. <br />GRAHAM:IÓd like a little advice from the Corporation Counsel, please. I had to run <br />up and get a copy of a letter from Norman because somehow I couldnÓt find it in what I brought. <br />But I donÓt see any explanation in the letter for how they are aggrieved or how theyÓre damaged <br />or anything, other than the commentary we got verbally here today. So I was just wondering if <br />that is a requirement of a petition for a contested case that you explain how you can be <br />detrimentally affected by the application. <br />FUJIKAWA:Any other questions, Commissioners? Corp. -. <br />OÓTOOLE:No. <br />FUJIKAWA:Counsel, you have any -? <br />OÓTOOLE:Yeah, no. I mean thereÓs, the alternative is here in the form, that theyÓre <br />claiming that their interest is distinguishable from that of the general public because they own <br />the adjacent property; and I think that is commonly claimed. And then if they said no to that first <br />question, then they would have had to explain how they were injured. <br />GRAHAM:Yeah, my understanding is that that is necessary, that should be <br />distinguishable from the general public. <br />6 <br /> <br />
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