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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 /> allow for the use of the properties as a construction base <br /> yard, " so long as Bolton "immediately cease [d] " commercial and <br /> unauthorized activity. 9 <br /> On March 1, 2016, Bolton submitted an application <br /> ("Special Permit Application No . SPP-16-188") to the Planning <br /> Department, requesting a special permit to use Parcel 44 for <br /> " [a] baseyard/staging yard for equipment, storage of materials, <br /> stockpiling and crushing of natural materials for commercial <br /> use" and a " [s] ecurity dwelling [ . ] " Bolton stated that Special <br /> Permit Application No . SPP-16-188 was intended to resolve the <br /> issues raised in the February 19 warning letter and to bring <br /> Parcel 44 into compliance with the Zoning Code . <br /> On April 12, 2016, Bolton sent a letter to the <br /> Planning Department disputing that it had violated the Zoning <br /> Code, as suggested in the February 19 warning letter, but <br /> 9 Regarding rock crushing or quarrying activity, the Zoning Code <br /> provides: <br /> (c) The following uses may be permitted in the [county <br /> agricultural] district, provided that a special permit is <br /> obtained for such use if the building site is located within the <br /> State land use agricultural district: <br /> (5) Excavation or removal of natural building material or <br /> minerals, for commercial use. <br /> HCC § 25-5-72. <br /> 7 <br />
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