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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 /> LLC granting construction of a "coffee visitor center" and <br /> related improvements on a parcel of approximately 7 . 33 acres of <br /> land "located on the southeast corner of the Hawaii Belt Road <br /> and Hualalai Road intersection" within the state and county <br /> agricultural land use districts . Approval was granted pursuant <br /> to the Planning Commission' s authority under HRS § 205-6 to <br /> issue special permits . Approval of Special Permit No . 1047 was <br /> subject to conditions : Condition No . 4 required that the <br /> "coffee visitor center and all related improvements" be <br /> established within five years from the effective date of the <br /> permit, and Condition No . 9 required the applicant to submit a <br /> drainage study to the Department of Public Works and complete <br /> all improvements required to mitigate flooding before the <br /> issuance of any building permits . Nani Kona Coffee LLC was <br /> subsequently granted two administrative time extensions to <br /> comply with Condition No . 4 : one in September 2004 until <br /> February 2007, and one in 2007 until February 2010 . <br /> Some years later, in 2015 and 2016, Bolton, Inc. <br /> ("Bolton") ' applied for a grading permit (Permit No . 092524) and <br /> ( . . . continued) <br /> approved, an ordinance dividing the commission into the windward and leeward <br /> planning commissions, effective April 1, 2009. Ord. No. 08-01 (2008) . <br /> 5 The record indicates that Daniel B. Bolton of Kona Coffee & Tea <br /> Company was one of Nani Kona Coffee LLC' s points of contact regarding Special <br /> Permit 1047 and communicated with the Planning Department between July 1998 <br /> (continued . . . ) <br /> 3 <br />
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