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12-2-2021 Opinion of the Supreme Court
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2022-07-21 Leeward
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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 /> requested that the Planning Director forward Hualalai' s letter <br /> to the Chairperson and LPC "before [the Planning Director] d [id] <br /> anything further on this matter. " In its letter, Hualalai <br /> argued extensively against the issuance of Special Permit <br /> Application No. SPP-16-188 . Hualalai objected to the Planning <br /> Director' s purported "disposition" of Special Permit Application <br /> No. SPP-16-188, and argued that "no law gives the [LPC] ' s staff <br /> the authority to `dispose' of an accepted application or to <br /> allow an application to be `withdrawn' after the [LPC] has taken <br /> jurisdiction of the application. " <br /> On October 4, 2016, the Planning Director notified <br /> Bolton that, " [based] on your request and our letter dated <br /> September 21, 2016, we will be withdrawing [Special Permit <br /> Application No. SPP-16-1881 . " <br /> On October 11, 2016, the Planning Director notified <br /> Hualalai that although the Planning Department had "previously <br /> acknowledged receipt" of Hualalai' s petition to intervene, he <br /> had "recently received a request by the applicant to withdraw <br /> [Special Permit Application No. SPP-16-1881 , " and notified <br /> Hualalai that the Planning Department would be refunding <br /> Hualalai' s $200 . 00 filing fee . <br /> On October 13, 2016, Hualalai filed a new petition <br /> with the LPC objecting to the Planning Director' s withdrawal of <br /> Special Permit Application No. SPP-16-188 . Hualalai argued that <br /> 17 <br />
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