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choose to appeal the decision or not. But I do believe it is a Final Judgment. Mr. Matsukawa can speak to that as well. IWASHITA: Thank you. GRAHAM: Thank you, Mr. Krueger. Any other questions for Mr. Krueger? Mr. Matsukawa, would you give your name and your address, and you may speak to the Commission? MATSUKAWA: Yes. My name is Michael Matsukawa. My address is 75-5751 Kuakini Highway, Room 201, Kailua-Kona. I represent Dean Kaiawe who is seating next to me. I agree with what Mr. Krueger and Mr. Torigoe said in terms of an agreement to stay further proceedings. In reference to Mr. Iwashita’s question, if the Commission chooses to appeal, that’s a separate issue; I don’t think it affects whether you stay or not stay further proceedings. I would just add that there is a series of cases that perhaps is no longer good law, but this was back in the 70s when you had cases going up and down between court and the agency; and the question was raised as to when do you have a Final Judgment. Because, you know, when you have a Final Judgment that’s appealable, there is nothing left to be decided. So the court says, this is it, I reverse you and this is the ruling. But what this one here does is it sends the case back and it says go do some more work, when you finish, come back. We had the same thing with the Honul’s Beach case with Judge Ibarra where the Commission granted an SMA, an appeal was taken to the Judge, the Judge sent it back down to the agency, we had some more hearings and it went back up to the Judge again. Eventually the case settled, but we all briefed the question of when is there a Final Judgment to go up to the higher court. And that’s something your Counsel needs to deal with you because there is this body of law that says when there is a remand, there is no Jenkins cause all issues have not yet been decided. But other than that, I agree with Mr. Krueger, and we would like to address this matter, if we can, globally in mediation. Thank you. GRAHAM: Thank you, Mr. Matsukawa. Any questions from the Commissioners? Does Mr. Kaiawe intend to speak today or -? No. Now we have an attorney for the County. Could you give your name and address, please? LEITHEAD-TODD: Deputy Corporation Counsel, Bobby Jean Leithead-Todd, 101 Aupuni, Suite 325. GRAHAM: Do you have any comments for the Commission at this time, Ms. Leithead-Todd? LEITHEAD-TODD: No comments. If the parties want to continue this, we have no objection. GRAHAM: Thank you. Any questions from the Commissioners? Mr. Torigoe, is it correct that we can deal with the issue of continuing this hearing independent from our own deliberations on whether we want to appeal what the Court did? TORIGOE: Thank you, Mr. Chairman. That would be my impression, is that, you know, if the parties want to continue matters before the Commission that that’s something that’s independent of whether the Commission wants to take any appeal. In fact, if you took an appeal, EXHIBIT D 4