12-2-2021 Opinion of the Supreme Court

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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** stating that it had filed Special Permit Application No . SPP-16- 188 " [a] s a show of good faith and cooperation [ . ] " On April 22, 2016, Bolton was notified that Special Permit Application No . SPP-16-188 was scheduled for a public hearing before the LPC10 on May 19, 2016 . 11 The agenda for the to Appellee/LPC, like the Planning Director, see supra note 7, is part of the Hawaii County Planning Department, which regulates land use within the County of Hawaii. CCH § 6-7.1 (2018) . The duties and functions of the LPC are set out in the Charter: (a) Both [the windward and leeward planning] commissions shall: (1) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter. (2) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action. (4) Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county and shall also be distributed via an electronic medium, such as the Internet. (5) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. (c) Each planning commission shall review and take action upon applications for land use changes and community development plans involving only property within their (continued . . . ) 8