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

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Mr. Michael Vitousek June 14, 2022 Page 3 Court did not have jurisdiction to review the decision of the Planning Director that Bolton's existing activities on the Property did not require a Special Permit. The Planning Commission has the jurisdiction to grant or deny an application for a Special Permit, Hawaii Revised Statutes ("HRS") § 205-6, while the Planning Director is more broadly responsible for administering and enforcing County zoning laws. See County Charter § 6-7.2; HRS § 205-12; Hawaii County Code ("HCC") § 25-2-1. The Planning Director's decision that Bolton's activities do not require a Special Permit could only be reviewed by filing an appeal with the Hawaii County Board of Appeals within thirty days of September 21, 2016. See HCC § 25-2-20. Finally, if the Leeward Planning Commission decides to allow Petitioners to intervene, there is no subsequent contested case to be had, as Bolton has withdrawn its application for the Special Permit which would have been the basis for the contested case hearing. A contested case is a proceeding to determine the legal rights, duties, or privileges of specific parties. See HRS § 91-1. If Petitioners are allowed to intervene, there will be no further legal rights, duties, or privileges for the Leeward Planning Commission to determine due to Bolton having withdrawn its application. Furthermore, Bolton would not be a party to any contested case as it is no longer pursuing its application for Special Permit. The Leeward Planning Commission has the authority to informally dispose of a contested case for a number of reasons that include default. Planning Commission Rule 4-1. In the present case the Leeward Planning Commission may dispose of any potential contested case as Bolton is voluntarily no longer a party and will not appear. For the reasons stated herein, Bolton will not appear at the Leeward Planning Commission's hearing scheduled for June 16, 2022, and takes no position on Petitioner's petition to intervene other than stating that Bolton will not participate in any subsequent contested case regarding Special Permit SPP NO. 16-000188. Very truly yours, LAW OFFICES OF YEH & KIM RONALD N.W. KIM Cc: Michael J. Matsukawa, Esq. Jean Campbell, Esq. Malia A. Kekai, Esq. Commission and has no power to vote on Commission decisions. See County Charter for the County of Hawaii ("County Charter") § 6-7.4. 3