07-08-2022 Letter from Petitioner's Attorney

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MICHAEL J. MATSUKAWA ATTORNEY AT LAW In Cootey v. Sun Investment, Inc., 68 Haw. 480 (1986), the Hawaii Supreme Court held that municipal permitting officials are immune against harm caused by their negligent issuance of land use permits. The court held that such permitting officials do not owe a duty of care to the landowner-permitee's neighbors or to the public except as may be otherwise provided by a statute or ordinance. (Exhibit 5 enclosed) One should not assume, however, that the court intended to give municipal permitting officials a license, or complete immunity, to freely issue permits subject only to appeals that neighbors and citizens might be willing to pursue, using their own resources, to protect their interests and the public interest. The Petitioner asks the Leeward Planning Commission to grant its request for standing, to affirmatively reject the Planning Director's letter of September 21, 2106, and to take such steps that are necessary to redeem and protect the public interest now and in the future. Thank you very much. Yours , Michael . Matsukawa ENC 91P