2008-04-18 TKOHALA LLC - Laserfiche WebLink

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IWASHITA: Thank you, Mr. Chair. I just wanted to clarify that – in my mind and for the record – that as to the Kohala LLC’s Item No. 2, basically at this point Kohala LLC’s option then, assuming it doesn’t ask for reconsideration after it actually gets the notice of the decision, would be to proceed under Chapter 91 for an appeal to the court. Otherwise, if it doesn’t do that, that’s the end of that. WATANABE: It’s my understanding they waived their right for a second reading; so we will not hear it again. Now, whether they are going to appeal it, you know, immediately or appeal everything together or -. IWASHITA: Well, I guess I’m looking at -. WATANABE: I don’t know that -. IWASHITA: I want to clarify under the -. WATANABE: That concerns us -. IWASHITA: Well, litigation has been discussed throughout this proceeding, or especially at the end of it; and so if under – what number is this -. LIM: Mr. Chairman, maybe I can make things -. IWASHITA: Nine-11 F. 5, well, you know, ending up in 5, if I understand it correctly, basically based on the representation of Mr. Lim that there will be no requests for reconsideration, then once it is denied and then you go to 5, and basically the denial is a final and appealable decision to the Third Circuit Court under Chapter 91; so that would be -, that’s my understanding that that’s Kohala LLC’s option on its request for the time extension. So I make that clear. LIM: I’d like to -, what I was going to say – sorry for interrupting, but I was going to try to maybe make it easier – is maybe what we’ll do is with respect to Item No. 2, if the Director is not going to waive the reconsideration, then we’ll do the same; and that way it keeps those two things tracking alongside, you know. I think it’s probably easier for the Commission and safer for me to -, if he’s going to keep his alive to reconsider, then I’ll keep mine alive to be reconsider also. So I do withdraw that waiver and we’ll both go forward to the next meeting. IWASHITA: Then I have a follow-up. WATANABE: Yes, Mr. Iwashita. IWASHITA: And that is under 3, 9-11 F. 3; the last sentence says “In the event the Authority fails to render a decision by a majority vote of its total membership at the next meeting, the application shall be considered as denied.” So I want to just -, my understanding of that is that changes the five vote majority requirement. That is if we only have five, a quorum of EXHIBIT A 32