2005-04-22 tHuggett (fka Soto SMA 03-007)2

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GALDONES:Thank you Mr. Kim. YUEN:If I could just comment briefly. There wasnt a requirement to tell people that they had a right to a Contested Case hearing, because they didnt. So the notice that went out was proper. As far as the list of who was noticed we can double check that the notice went out. It does occur sometimes that people dont get noticed because the applicant is entitled to rely on the real property tax records, which are not continually updated. The final question, the final thing is that an erroneous letter on our part that said that you can request a Contested Case does not create such a right in violation of the rules of the Planning Commission. KIM:Mr. Chairman may I respond? GALDONES:Mr. Kim. KIM:WithregardtotheissueoftheContestedCasehearingIwouldjusturgethe members of the Commission to consult your own conscience as well as the rules in a dispute between my clients and their position relative to this application the Planning Director is also a party should a Circuit Court determine that this is properly a Contested Case hearing and so you must weigh all testimony with a grain of salt as to what information you can rely on and what information may be controverted. In terms of my legal position, it is that they, that they do have a right under the law to the Contested Case hearing, in this fact pattern and we assert that right and we would ask the Court, would ask this body to make a determination on the record and issue an order to that effect. HANEY:Mr. Chairman can I also add something to that? GALDONES:Proceed. HANEY:My name is Brian Haney. My primary address is 1000 Bourbon Street, New Orleans, Louisiana 70116 but Im a part time resident of the Sea Village Resort at 75-6002 Alii Drive in Kona. I just want to add onto the question that Director Yuen brought up. I checked the Hawai¡i Property Tax.com website and the addresses for the Armstrongs, the Spanglers and myself at 1000 Bourbon Street were all on the website as of the date that that letter was sent out, within a week afterwards. That is not the problem here. There is an outdated mailing list thats being used. My letter was sent to an address that I havent been at since 2001 and the Armstrongs and the Spanglers when I talked to them on the phone they said they received nothing on this. They are brand new owners, they have a right to be involved in this process and they should not be denied that right. They purchased before and after the Huggetts purchased the property. This has been dormant for a year and a half and we deserve our right to be heard. Our Board dropped its Contested Case but as you see we have many real issues that need to be dealt with on this and I personally think theyre best dealt with within a Contested Case but if you want to go through them today Ill be happy to go over them with you. Thank you. GALDONES:Commissioner- Commissioner Springer? 12 EXHIBIT B