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07-08-2022 Letter from Petitioner's Attorney
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2022-07-21 Leeward
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Item #2 Bolton, Inc. (REMAND SPP-16-000188)
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07-08-2022 Letter from Petitioner's Attorney
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MICHAEL J. MATSUKAWA <br /> ATTORNEY AT LAW <br /> TERRITORIAL CENTRE, SUITE 201 <br /> 75-5751 KUAKINI HIGHWAY <br /> KAILUA-KONA, HI 96740 <br /> TELEPHONE NO. (8081 329-1385 <br /> FAX NO. (8081 329-0512 <br /> E-MAIL UI n. <br /> July 8, 2022 <br /> Chairman and Members <br /> Leeward Planning Commission <br /> County of Hawaii <br /> 101 Pauahi Street <br /> Hilo, Hawaii: <br /> Re: REMAND SPP 16-000188 <br /> TK (3) 7-5-17: 31 and 44 <br /> Applicant: Bolton, Inc. <br /> Petitioner: The Community Associations of <br /> Hualalai, Inc. <br /> Hearing: July 21, 2022 (9:30 a.m.) <br /> Greetings: <br /> The Community Associations of Hualalai, Inc. ("Petitioner") requests that <br /> it be granted standing in this contested case. The Petitioner, along with many <br /> property owners, citizens, persons interested in responsible government and <br /> Councilperson Rebecca Villega, have being involved in this case for more than <br /> six years. <br /> By its decision, the Hawaii Supreme Court "turned the clock back to <br /> 2016," back to when the commission held its first and only public hearing in <br /> SPP 16-000188, and has given the commission a second opportunity to <br /> execute its duties under the law. The questions before the Leeward Planning <br /> Commission and the answers to those questions are set forth below: <br /> (1) Should the commission grant the Petitioner's request for <br /> standing? Yes. <br /> (2) What is the exact nature of the activity that is before the <br /> commission in SPP 16-000188? A flood control project that is augmented <br /> by other activities. <br /> (3) What is the legal effect of the Planning Director's September <br /> 21, 2016 letter on the commission? None. <br />
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