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GRAHAM: All right. Mr. Torigoe? <br />TORIGOE: Thank you, Mr. Chairman. This is something that I suppose we really <br />ought to bring the parties up to confirm, but my understanding is that the parties are going into a <br />court-ordered mediation of a related declaratory ruling case that was filed in the Third Circuit <br />Court. And because of the impending mediation, I believe they have been discussing an <br />agreement to continue further matters before the Planning Commission pending the mediation. <br />So I don’t know if you want to get that information at this point. <br />GRAHAM: Thank you. It seems like maybe we want to proceed and -. <br />ALAMEDA: Mr. Chair? <br />GRAHAM: Yes, Commissioner Alameda? <br />ALAMEDA: Thank you. I feel comfortable proceeding in light of the new information. <br />GRAHAM: Thank you. All right. Norman, do you folks have any presentation you <br />would want to make on this decision on the Third Circuit Court relating to this prior action by <br />the Planning Commission just as far as the general description to the public here today, as well as <br />the Commissioners, of what’s involved? <br />HAYASHI: If the Commission would like to have the brief orientation, then we can do <br />that. <br />GRAHAM: What would the Commissioners like? No need? <br />ALAMEDA: I prefer not. <br />GRAHAM: Okay, no need. Thank you. All right. Mr. Torigoe, how should I proceed <br />at this time? <br />TORIGOE: I think at this point you are just going under the Court’s remand, which is <br />basically to have further consideration of the matter, taking into account the Court’s rulings. So <br />there is a couple of items: One is again just to talk to the parties, see where they are and see what <br />your further consideration should consist of at this point; the second consideration is whether you <br />would like to have any appeal taken from the Third Circuit Court’s decision, and that’s <br />something we should probably discuss in the executive session. <br />GRAHAM: Thank you. With that as a lead, maybethe parties to this matter could <br />come forward now. Again, we always welcome public testimony on any of our agenda items, so <br />if there is someone else here in the public that want to give testimony, you can leave your name <br />over at the table with the Planning Department staff. Could I swear the four of you in at this <br />point, and if you would raise your right hand? Do you affirm to tell the truth on this matter <br />before the Hawaii County Planning Commission today? <br />PARTIES: I do. <br />EXHIBIT D <br />2 <br /> <br />