07-08-2022 Letter from Petitioner's Attorney

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MICHAEL J. MATSUKAWA ATTORNEY AT LAW Leeward Planning Commission did not approve the Planning Director's letter or his unilateral "termination" of SPP 16-000188. Flood Control Project Augmented Activities (rock crushing for commercial purposes, etc.) Grading Permit I issued under Special Application Filed in SPP 16-000188 Permit No. 1047 1 (expired) Petitioner Filed Request for Standing I 1 I First Public Hearing I I Proceeding Suspended I 1 Planning D'or Letter to Landowner Planning Dor states (September 21, 2016) flood control project I is a permitted use Planning D'or"Terminates" Case (no Special Permit 1 required) 1 I I No Commission No Commission Action Action Appeal Granted In the Petitioner's subsequent appeal, the Hawaii Supreme Court remanded the case to the commission. In the interim, the landowner continued to engage in various activities on the land. D. Grading Permit Revoked On June 3, 2022, the Department of Public Works revoked the grading permit under which the landowner was conducting grading activity on the land for both the flood control project and the augmented activities. (Exhibit 4 enclosed) The revocation, in tandem with the Hawaii Supreme Court's decision, brings all of the issues that had been raised in SPP 16-00188 back into focus. As is stated, the Hawaii Supreme Court also "turned the clock back to 2016" when the commission had held its first and only public hearing in SPP 16-000188. E. What is Before the Commission Today Pursuant to the Hawaii Supreme Court's decision, the Leeward Planning Commission must first address the Petitioner's pending request for standing. As to any subsequent matters, the Hawaii Supreme Court left that for the commission to determine under the law and its rules of practice. 61 Page