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HENDERSON:Your testimony stated that you included water bills in the exhibits and they were <br />not there. <br /> <br />MANSOUR: I refer that to our Counsel. I think some of these exhibits were put together or we <br />could refer it to my (unintelligible). <br /> <br />HENDERSON: Director Mansour, based on your testimony, Item No. 11, if there is no water bill, <br />should the Department, the Department should not have charged Kai Ala Partners a sewer <br />service fee for the unoccupied unit for the past 23 years. <br />KEKAI: Sorry, clarification needed. You are referencing No. 11. Where in there does it say that <br />Director Mansour said that the bill was included? I think that there needs to be a clarification. <br />He means – <br /> <br />HENDERSON: No. 11. In his testimony, states as currently defined, unoccupied unit means a <br />unit that is not occupied but has accessibility to a sewer, plumbing fixtures located on it and <br />currently receives a water bill. The subject unit is accessible to sewer as shown by the sewer <br />connection card, has plumbing fixtures connected to it, as shown by the pictures of the laundry, <br />sink, and water heater. And the subject property receives a water bill as shown by the bills <br />included. <br />KEKAI: Okay. And then I'll clarify that his testimony was the bills included with your exhibits. <br />ADAMS: I need to step in. Ramzi, you're coming across a little garbled. I don't know if there's <br />anything you can do to get closer, enunciate. I'm not sure where the problem is coming from. <br />MANSOUR: I think I have construction. We just moved to the new building and I have <br />construction across the street so I cannot go out and tell them to stop construction like you <br />have mentioned you could tell the gardener to stop, but I do apologize for that. So I'm trying to <br />control the mic (unintelligible). <br />ADAMS: Thank you. Excuse me. Do you have any more questions? <br /> <br />HENDERSON: Yes, I can continue. Director Mansour, if the inspector who authorizes the <br />charging of two sewer user fees for the residence and tank house at 75-5944 Ali‘i Drive, made a <br />determination (unintelligible) Kai Ala Partners has paid a total of over $7,888 in charges to the <br />Department, would this constitute a situation where the Department was unjustly enriched? <br /> <br />MANSOUR: In my opinion, it does not. If the inspector made a mistake and you were aware of it <br />early on, it could be resolved as mentioned earlier. If it were challenged earlier, maybe it could <br />be looked at and looked at again. But I don't believe so. <br /> <br />HENDERSON: Under Hawai'i law, the term unjust enrichment has been described by Justice <br />Nakamura of the Hawai'i Supreme Court as quote, claim for unjust enrichment requires only <br />13 <br /> <br /> <br />