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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> On May 9, 2016 the Planning Department issued a <br /> background report on Special Permit Application No . SPP-16-188, <br /> in which it noted that Special Permit No . 1047 had been approved <br /> for Parcel 31 in 2000, that Bolton had received an extension <br /> until 2010 to comply with Condition No . 9, and that " [a] ny <br /> additional time extensions to comply with conditions will need <br /> to be approved by the [LPC] . " That same day, the Planning <br /> Department also issued a recommendation to the LPC in which the <br /> Planning Director recommended that the LPC approve Bolton' s <br /> Special Permit Application No . SPP-16-188, with the caveat that <br /> " [s] ince this recommendation is made without the benefit of <br /> public testimony, the Director reserves the right to modify <br /> and/or alter this position based upon additional information <br /> presented at the public hearing. "12 <br /> On May 12, 2016, a week before the LPC' s scheduled <br /> public meeting on Special Permit Application No . SPP-16-188, <br /> Appellant/Hualalai submitted a "Petition for Standing in a <br /> Contested Case Hearing" (hereinafter "petition to intervene" or <br /> "petition") 13 and paid the associated $200 . 00 filing fee . <br /> 12 Although the Planning Department' s background report and <br /> recommendation are not contiguous in the record, they appear to have been <br /> filed or published together as they are formatted identically and the first <br /> page of both documents are marked with "RBolton-SPP16-188.jwd 05-09-16" in <br /> the upper righthand corner. <br /> 13 Hualalai submitted its petition alongside a LPC form titled, <br /> "Petition for Standing in a Contested Case Hearing." The form' s language <br /> (continued . . . ) <br /> 11 <br />