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2008-04-18 TKOHALA LLC
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2008-04-18 TKOHALA LLC
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WATANABE: Are we in agreement in that, procedurally, Mr. Director and Mr. Lim? <br />Does that sound fair? So both parties have an opportunity to reintroduce at a later date. <br />LIM: We wouldn’t agree that that can happen; we won’t stipulate to that. If he <br />can do that, or we can do that, then that’s something we’ll address as a later stage. I think at this <br />point in time what I’m trying to do is to just try to -. <br />WATANABE: Close it out. <br />LIM: Capsulate everything, close it up. And if we are going to go to court, we <br />get to go to court. <br />WATANABE: Okay. <br />WOODWARD: Mr. Chairman. <br />WATANABE: Yes. <br />WOODWARD: I had a question for Mr. Lim. My understanding is as things stand right <br />now that the failure to approve the time extension essentially means that the SMA Permit at this <br />point will become invalid -. <br />LIM: That’s not my interpretation. We believe it’s still alive until revoked by <br />the Planning Commission. <br />WOODWARD: Okay. So you’d rather just leave it like it is than to have us hold this in <br />abeyance until you get the rezoning application through Council; you’d just like to leave it like it <br />is? <br />LIM: That’s correct. And it does also, like I said, put all the legal issues in one <br />basket once the County Council takes final action. <br />WOODWARD: Okay, thank you. <br />WATANABE: Mr. Yuen, your comments, so we are clear on how you would care to <br />proceed because I sense that you wanted to somehow arrive at a conclusion on the revocation. <br />YUEN: Well, I always like the Commission, if possible, to come to a decision by <br />five votes whether it’s something that the Department and I are advocating or not. And there is a <br />possibility of the Commission making a decision on both the SMA Permit and the revocation. <br />So, there is not a big rush on it in a sense that if the Council enacts a zoning that would not allow <br />50 units, then the SMA Permit is not valid -. <br />WATANABE: It would have to be revised -. <br />EXHIBIT A <br />27 <br /> <br />
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