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2008-04-18 TKOHALA LLC
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2008-04-18 TKOHALA LLC
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YUEN: Well, the two SMA items, the final decision is made by the Commission. <br />And I believe you have an opportunity to revote the request for a time extension under the rules. <br />And the revocation also has not been absolutely denied. <br />LIM: Yes, we would waive our opportunity to take a reconsideration. <br />YUEN: Are you withdrawing your request for a time extension on the SMA <br />Permit? <br />LIM: No. <br />YUEN: So what is supposed to happen with it? <br />LIM: My interpretation is that your petition to revoke the SMA Permit has failed <br />and my attempt to get a time extension on the SMA Permit has also failed for lack of getting five <br />votes. So that’s what has happened. <br />WATANABE: I think the question, Mr. Lim, though, is do we continue it to a future <br />meeting, or -? You know -. <br />LIM: The applicant -. <br />WATANABE: Practically it’s almost moot because -. <br />LIM: Yeah, the applicant -. <br />WATANABE: The SMA will not come about without the rezoning. <br />LIM: We have our own position on that. I won’t agree to that. But I will waive <br />for the applicant the ability to take another vote because you failed to reach an affirmative vote <br />either which way today. <br />YUEN: I think we have to -, you know, there is a procedural issue on this that I <br />have to discuss with Corporation Counsel, but I’m not going to waive the request for the <br />revocation of the permit. Otherwise, we are in a bit of difficult situation because you are not -, <br />the permit is not revoked until the Commission revokes it, until the Commission votes to revoke <br />it. By the same token, it’s not in effect -, you can’t proceed under it because of the lack of a time <br />extension. <br />LIM: That’s our understanding. <br />YUEN: So what happens to the permit? <br />WOODWARD: Mr. Chairman, if -. <br />EXHIBIT A <br />25 <br /> <br />
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