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IWASHITA:I€m generally aware in the past there was an issue about the Mauna Lani, <br />Malulani, I€m sorry, Road, Roadway. And, I, so I€m has all of that been resolved in terms of-. I <br />don€t know if there was threatened litigation or actual litigation involved in that whole, how that <br />was done and the owners of Mauna Lani had issues with the use of what they perceived as their <br />subdivision road. <br />WHEELOCK:Commissioner Iwashita thank you for the question. There was litigation. <br />It was commenced in Judge Ibarra€s court by the concerned citizens of Malulani Gardens group, <br />which was a non-profit group, organized to fight the Lowe€s project, which was built below this <br />project. The access off of Queen Kaahumanu Highway which is currently known as Malulani <br />Drive was the only access lot that the State DOT when they built that road back in the I guess the <br />80€s to serve both the property that is now Malulani Gardens, the Kanuha property, which is the <br />70 acres immediately north of Malulani Gardens and between our project and them, and our <br />project.AsyouprobablyknowStateDOTtriestolimitaccesstothehighway.Sofromthevery <br />beginning I was with Hawaiian Development Corporation at that time and they sold the 24 acres <br />to Brian Cook that became Malulani Gardens. That was always intended to be the access road <br />for the Kanuha property and this project. We obtained urban designation for the entire property <br />in 1997, I think it went on to rezone the lower portion to commercial in 1998. During that period <br />of time Malulani Gardens was under development and many of the people who had bought their <br />homes later in the stage were not aware from I guess the developer didn€t tell them or whatever. <br />They were not aware that it was zoned commercial or that that road was going to be extended. <br />When the Lowe€s project commenced construction there was a lot of shock and consternation <br />expressed on their behalf. After numerous meetings and discussions various resolutions of some <br />of the issues were made. The resolution to the roadway had to go through the legal channels. <br />There was 2 arbitrations. First arbitration was about ownership of the road and the arbitrator <br />ruled that Brian Cook and Hawaiian Development did have the right to build that road, use it and <br />dedicate it. The second arbitration was about a residential use restriction that should be applied <br />to that road. That arbitrator ruled that there was no residential use restriction. Many of the <br />opponents from Malulani Gardens have become if not supportive of it they€ve resigned <br />themselves to the fact that that area is growing in accordance with the General Plan that was <br />approved in 1971 urban expansion. Some of the residents have not resigned themselves to that <br />and I€m sure that you€ll hear their opinion later on. But, there is some concern from some of the <br />residents there about the use of that roadway. From a legal standpoint it€s my understanding it€s <br />my understanding and belief that we have every right to use that road and we intend to do so. <br />Does that answer your question sir? <br />IWASHITA:So the litigation has ended? <br />WHEELOCK:Yes. <br />IWASHITA:Thank you. <br />GRAHAM:Thank you Mr. Wheelock. Any other Commissioners have questions for <br />the applicant? Commissioner Springer? <br />EXHIBIT E <br />7 <br /> <br />