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case from 1969 thats called Dalton versus City and County of Honolulu, the citation is 51 Hawaii 400, in that case the Court emphasized the importance of long-range comprehensive planning. In that case the Honolulu Charter prohibited zoning changes unless the change conformed to the General Plan, just as Hawaii County Charter does. The Court held that this provision puts teeth into the requirement that the General Plan be long-range by providing a test for courts to use in reviewing zoning ordinances. The Court went on to say To allow the City to amend the General Plan and then adopt the zoning ordinance contrary to the unamended General Plan is to allow the City to accomplish by two ordinances exactly what the Charter sought to prohibit. In other words, if an applicant comes before you and wants to make a change to the General Plan and change to the zoning at the same time to conform, essentially conform the General Plan to the applicants desires, there is a strong, theres a problem with that. And theres another case where the Court talked about the importance of the County doing a very comprehensive review when it does these amendments, and thats the Hall versus City and County, thats 56 Hawaii 121. So I just want to let you know about that. Thanks. ALAMEDA:Okay. Very good, thank you for your testimony. I appreciate it, Mr. Frankel.Iappreciateyourbringingyoursonaswell.Itsgoodtoseethenextgeneration. Well,weareindiscussiontime.CommissionerGraham? GRAHAM:CouldIaskMr.Frankelaquestion? ALAMEDA:Mr. Frankel, will you please come back to the seat. Commissioner Graham. GRAHAM:From what I heard, from my initial understanding of what has transpired at this place and from what Ive heard from Director Yuen before, the situation youre talking about essentially making a General Plan Amendment along with a zoning change in order to accommodate a specific thing like this, that was already done in the past. And I feel like what the Planning Director is saying because of a slight modification, I dont know how slight, but because of some modification in how the applicant wants to expand, conform his facility the Planning Director is willing to make similar modifications to the General Plan and the Zoning Code. So to me thats not quite, its certainly not as heavy as an intrusion in the process as was initially done back in 1997 or 98. And I wondered if you have any comments on that with regard to the legal ramifications? FRANKEL:Well, its clear to me that this County has acted lawlessly in the past and has made changes and approved projects that are inconsistent with the County Code and State law. Regardless of that, it seems to me you need to have your attorney look your, your Corporation Counsel with whom I will have many disagreements, but you should have, in due diligence, you should have your Corp. Counsel look at this case and assess whether what is being proposed here is really any factually different from what happened in the Dalton case. Thats all Im -. GRAHAM:All right. Thank you. 28EXHIBIT C