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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 /> Director? sent Bolton a "Warning Letter" concerning activity on <br /> the two parcels . According to the letter, the Planning <br /> 7 The Planning Director is part of the Hawaii County Planning <br /> Department, which consists of "a planning director, a windward planning <br /> commission, a leeward planning commission and the necessary staff, " and <br /> regulates land use within the County of Hawaii. Charter of the County of <br /> Hawaii ("CCH" or the "Charter") § 6-7.1 (2018) . The Planning Director is <br /> "the chief planning officer of the county and the administrative head of the <br /> department[ . ] " CCH § 6-7.2 (b) . The duties and functions of the Planning <br /> Director are set out in the Charter as follows: <br /> The director . . . shall: <br /> (1) Advise the mayor, the windward planning commission, <br /> the leeward planning commission and the council on all <br /> planning and land use matters. <br /> (2) Prepare a general plan, implementation plans and any <br /> amendments thereto in accordance with Section 3-15. <br /> (3) Prepare proposed zoning and subdivision ordinances, <br /> zoning maps and regulations and any amendments thereto. <br /> (4) Review the lists of proposed capital improvements <br /> contemplated by agencies of the county and recommend the <br /> order of their priority. <br /> (5) Administer the subdivision and zoning ordinances and <br /> regulations adopted thereunder. <br /> (6) Render decisions on proposed subdivision plans <br /> pursuant to law. <br /> (7) Make recommendations on rezoning applications, special <br /> exceptions and other similar requests. <br /> (8) Render decisions on proposed variances pursuant to <br /> law, except that, if any written objections are made to the <br /> planning director' s actions under this section, said <br /> actions shall be subject to review by the board of appeals <br /> in accordance with Section 6-9.2, unless otherwise provided <br /> by law or this charter. <br /> (9) Perform such other related duties and functions as may <br /> be necessary or required pursuant to law and this charter. <br /> Id. The Planning Director also enforces all provisions of the Zoning Code <br /> pertaining to land use, other than those relating to building construction <br /> and occupancy. Hawaii County Code ("HCC") § 25-2-1 (b) (2019) . "Any person <br /> aggrieved by the decision of the director in the administration or <br /> (continued . . . ) <br /> 5 <br />
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