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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 /> June 30 meeting, and made additional inquiries of Bolton. On <br /> August 23, the Planning Director sent another letter informing <br /> Bolton that a site inspection was required due to "apparent <br /> contradictions between the information provided in [Bolton' s] <br /> previous July 12, 2016 letter and [Bolton' s] latest submittal . " <br /> The Planning Director asserted that the site inspection was <br /> "necessary in order for us to make a final determination on the <br /> parameters of [Bolton' s] Special Permit application. " <br /> The Planning Department' s Zoning Inspector and <br /> representatives from the Department of Public Works attended an <br /> in-person site inspection. After the inspection, on September <br /> 21, 2016, the Planning Director sent Bolton an "Assessment of <br /> Conditions Relating to Warning Letter dated February 19, <br /> 2016 . . . and Disposition of Special Permit Application No . 16- <br /> 00018 8 [ . ] 1114 <br /> 6-000188 [ . ] "14 In the September 21 letter, the Planning Director <br /> described the communications between Bolton and himself as "a <br /> series of letters and confirmations requested of Bolton Inc. in <br /> an effort to determine whether or not a violation of the Zoning <br /> Code or State Land Use Law had occurred and if so, whether or <br /> not the Special Permit application filed by Bolton Inc. would <br /> continue to move forward. " The September 21 letter stated that <br /> " [a] fter further consultation and field verification, " the <br /> 14 Hualalai was copied on this letter. <br /> 15 <br />
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