06-14-2022 Applicant Statement of Non-Appearance at June 16, 2022 LPC Hearing

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Law Offices of Yeh & Kim RONALD N.W.KIM RKim(&yehandkim.com OF COUNSEL: 505 Kilauea Avenue, Suite B, Hilo, Hawaii 96720-3059 THOMAS L.H.YEH TLY@yehandkim.com Telephone: (808) 961-0055 JILLD.RAZNOV hamov@yehandkim.com Website: www.yehandkim.com JOHN MUKAI jmukai@yehandkim.com June 14, 2022 Michael Vitousek, as Chairman for the Leeward Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Via email to LPCtestimony@hawaiicounty.gov Re: Bolton, Inc.'s Statement of Nonappearance for Leeward Planning Commission Hearing on June 16, 2022, Item No. 2, Remand of Special Permit Application of BOLTON INC. (REMAND SPP NO. 16-000188) Dear Mr. Vitousek, Please be advised that this firm represents Bolton, Inc. (`Bolton"),the former Applicant for SPP No. 16-000188, in presenting a statement of nonappearance to the Leeward Planning Commission on the matter which has been remanded. Bolton states that it does not intend to further appear before the Leeward Planning Commission regarding Special Permit SPP NO. 16- 000188, as Bolton withdrew its application for this Special Permit in 2016, and has no current interest in reviving this application or participating in a contested case with Petitioner the Community Associations of Hualalai, Inc. ("Petitioner"). The Leeward Planning Commission had jurisdiction over Bolton's application for Special Permit SPP NO. 16-000188, which Bolton is no longer pursuing. Bolton respectfully submits that the Leeward Planning Commission does not have the independent jurisdiction to adjudicate Petitioner's complaints or to review the prior decision of the Director of the Planning Department that Bolton's existing activities onsite did not require a Special Permit. Bolton understands the Hawaii Supreme Court's decision in The Community Associations of Hualalai, Inc. vs. Leeward Planning Commission, County ofHawai`i; and Zendo Kern, Planning Director, County ofHawai`i, SCOT-16-0000690, filed December 2, 2021 ("Community Associations of Hualalai")remanded based upon a finding of procedural error. In any event, Bolton unequivocally requested the withdrawal of its application for Special Permit SPP NO. 16-000188 in 2016 and will not presently pursue this application before the Leeward Planning Commission. From Bolton's perspective, after the Leeward Planning Commission rules on Petitioner's request to intervene there will be no further contested issues for the Leeward Planning Commission to decide.