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12-2-2021 Opinion of the Supreme Court
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2022-06-16 Leeward (CANCELLED DUE TO LACK OF QUORUM)
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Item #2 Bolton, Inc. (REMAND SPP-16-000188)
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12-2-2021 Opinion of the Supreme Court
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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> nearby neighborhoods, diminished property values, and increased <br /> traffic from the proposed development . <br /> On May 19, 2016, Bolton requested a continuance of the <br /> hearing scheduled for later that day. During the LPC meeting <br /> that day, the LPC' s chair announced that, at Bolton' s request, <br /> the LPC would postpone the hearing on Special Permit Application <br /> No . SPP-16-188 until a future meeting. The chair announced that <br /> "there would be no presentation by staff, the applicant, or the <br /> petitioner for a contested case hearing, " but that the LPC would <br /> permit oral testimony from members of the public. The LPC heard <br /> testimony from members of the public, including residents of the <br /> subdivisions whose community associations comprise Hualalai, an <br /> attorney representing Hualalai, and the president of Hualalai . <br /> These individuals testified that the noise, dust, traffic, and <br /> vibrations caused by Bolton' s proposed activity would negatively <br /> affect their health, quality of life, and property values . The <br /> LPC received additional written testimony from individuals <br /> opposed to Special Permit Application No . SPP-16-188 for the <br /> same reasons . <br /> On May 23, 2016, Bolton was notified that Special <br /> Permit Application No . SPP-16-188 had been rescheduled, per its <br /> request, for a public hearing on June 16, 2016 . That same day, <br /> the Planning Director notified Hualalai that its petition to <br /> intervene had been received and would be forwarded to the LPC <br /> 13 <br />
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