07-08-2022 Letter from Petitioner's Attorney

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MICHAEL J. MATSUKAWA ATTORNEY AT LAW No. The Hawaii Supreme Court did not rule on this question and let the commission decide the question. The commission has not yet taken evidence in SPP 16-000188. If the commission takes no action on this matter (again), the landowner, the public and others will be left with the belief that the flood control project and augmented activities are permitted uses in the Agriculture District and can be conducted in the Agriculture District without a Special Permit as the Planning Director stated in his letter (which would be viewed as being some kind of administrative precedent). • If the applicant wishes to withdraw its application in SPP 16- 000188, should the Leeward Planning Commission grant that request and dismiss SPP 16-000188? Since the landowner's grading permit has been revoked, s the landowner has no legal entitlement to engage in activities on the land (flood control and augmented work) for now. If the landowner wishes to withdraw its application in SPP-16-000188 and to dismiss SPP 16-000188, the commission can set a separate hearing on the landowner's withdrawal request and ask the parties to provide briefs and argument. Until the commission acts to dismiss SPP 16-000188, the landowner remains a party in this proceeding. If it chooses not to participate further, that is the landowner's choice to make. If the commission acts to dismiss SPP 16-000188, it should do so on the express condition that the commission does not approve the Planning Director's letter or his statements therein. • What other concerns arise in SPP 16-000188 that deserve the Leeward Planning Commission's consideration? The revocation of the landowner's grading permit has unmasked a subterfuge that has been going on for many years with the apparent support of county officials. The question to the Leeward Planning Commission is whether it will take any action that will restore the public's trust and confidence in municipal government in Hawaii County? If yes, what does the commission propose to do, now and in the future, to redeem and to protect the public interest? 5 The revocation is not permanent, but is conditional. (Exhibit 4 enclosed) The landowner may reactivate the grading permit by complying with the terms set forth in the revocation letter, which makes no reference to the landowner having to also obtain a Special Permit for the flood control project.