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2008-04-18 TKOHALA LLC
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2008-04-18 TKOHALA LLC
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his decision, and therefore he based it on very carefully selected material that Mr. Lim presented <br />to him. Thank you. <br />WATANABE: Any further comments? <br />DOMINGO: Mr. Chairman. <br />WATANABE: Mr. Domingo. <br />DOMINGO: Thank you, Mr. Chairman. I seconded the motion, and obviously it’s <br />because I think what Mr. Woodward had emphasized with regard to this issue before us, I <br />support it totally and I agree with him. I agree strongly that the doctrine of fairness has been <br />breached, you know. We’ve considered many times applications for extensions – in fact, <br />extensions upon extensions. And this Commission has not been as critical to those extensions as <br />we have been on this particular issue. And some of the information, as stated by a previous <br />speaker, with regard to being omitted, the Kohala Development Plan has not been adopted, and <br />some of the concerns that were expressed have not totally been adopted as a policy statement <br />with regard to the development of that particular area. In my opinion, as I stated, I support very <br />strongly that -, what changes have happened there that would warrant the downzoning and the <br />revocation of the zoning? To me, nothing. The General Plan has not been changed. There have <br />been opportunities for the General Plan to be changed; and it has not changed one bit. The <br />policy elements for development along that coast have not been changed also. So you know, <br />why all of a sudden the decision to revoke the zoning and the SMA Permit has come out? And <br />that’s why I strongly emphasize, you know, the doctrine of fairness totally has been breached <br />because of the part of -, the applicant has not been given fair consideration in their application. <br />Thank you, Mr. Chairman. That’s all. <br />WATANABE: Mr. Woodward. <br />WOODWARD: Mr. Chairman, thank you. Yeah, exactly. The problem here I think is an <br />issue of fairness. And I hate to say it, but the Planning Department has not worked with the <br />applicant at all. We’ve been through several meetings, and we’ve encouraged the Planning <br />Department to try and work out a compromise with the applicant. The applicant has volunteered <br />to reduce the number of lots from 50 to 25. There has been nothing from the Planning <br />Department other than, you know, my way or the highway. And it really is an issue of fairness. <br />And I think what’s going to happen here, if we vote this down, they are going to have a contested <br />case, they are going to take it to the court, it’s going to come back to us. And to be honest with <br />you, they are going to win. There is no question in my mind because this has not been a fair <br />process. <br />WATANABE: Any further comments? Mr. Iwashita. <br />IWASHITA: Mr. Chair, my view is that we as a body -, or my view of my role in this <br />body is that I need to apply the proper standard. And there has been discussion about fairness; <br />and you know, there’re no allegations that our rules are not fair. It appears that argument has <br />been made that somehow, in applying those rules to this case, that the result is not fair apparently <br />EXHIBIT A <br />16 <br /> <br />
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