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a new Condition E of the 1995 ordinance as it appears in the Background Report. I just <br />want to make sure that I€m referring to the correct item referenced by the Director. <br />YUEN:Yes. <br />SPRINGER:Thank you. <br />GALDONES:Further questions, Commissioners? Commissioner Graham? <br />GRAHAM:I have a question for the Applicant€s representative. Actually, this <br />is sort of a broad overall kind of question and it actually may be inappropriate to ask at <br />all, but let me try. I€m thinking from reading the letter written January 5 by Mr. Rohr <br />about the reasons for the delay and all like that. And I€m just, like at the top of the <br />second page, this is Exhibit A in the Background Report, Additionally, although the <br />marketconditionsanddemandforresidentialpropertyhaveincreasedwithinrecent <br />years, the focus has been, and continues to be on oceanfront property.‚ And it goes on to <br />say, With no market for a development such as the Highlands Golf Estates and Golf <br />Course project‚ and so forth. And, so, I€m kind of wondering -. I mean we€ve all seen <br />what a rapid rise in real estate we€ve had on this island in the last few years. And, in fact, <br />there is, given this which seems like the most, almost optimistic scenario one could ask <br />forfor development when the owner here, Mr. Rohr writes that there€s no market for this <br />kind of project, what are we really talking about here? I mean, where is this all going to, <br />what are we aiming at? Is this just kind of retaining some vested rights so that only gets <br />developed a different way they can be used, or is this time just a long wait until this kind <br />of project maybe does become in fashion again, or -? I just feel like we got all these <br />specifics we€re dealing with and I have no idea where all this is really going in real life. <br />BAIL:I€ll do the best I can to answer your general question. I mean, first <br />of all, as a threshold this is a request for an extension of time. And I would hope we <br />would never be coming back to you for another extension of time and that things will <br />proceed expeditiously. I think while the housing market has definitely turned around in <br />the last five years, it has taken time to do that; and had you been in the planning stages at <br />the beginning of the last five years, it would have appeared very differently back then. <br />The other uncertainty has been the Hokulia case and what the outcome of that case would <br />be. There has been, I think the one thing everybody can agree about with regard to <br />Hokulia is that there is a lot of disagreement, and that has always been the case. And I <br />think the existence, the filing of the lawsuit itself was a disincentive to move forward <br />with development plans not knowing what the outcome would be in the Third Circuit, or <br />as we€re currently waiting from the Hawai i Supreme Court which has now decided not <br />to hear that case on an expedited basis. <br />So while I think in hindsight, you know, it€s easy to armchair quarterback and look back <br />in the last five years and say, well, it€s a pretty rosy picture for development now, that <br />perspective would not have been the same at the beginning of the last five-year period; <br />and I would hope, given the better outlook for financial investments in real estates at this <br />13 <br /> <br />