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YUEN:If someone is denied standing in a petition to intervene in a <br />contested case, they can appeal to the Circuit Court; and the Circuit Court then reviews <br />the Commission’s decision, was it right or was it wrong. In the meantime the application <br />would be continuing through the process. And so what can happen, if the application has <br />not been acted on and the Court says they should be allowed intervention, then we would <br />start back again with the contested case hearing. If the Court, Circuit Court, finds that <br />they should have been allowed to intervene, then, and the application has been granted in <br />the meantime, then the application, the permit gets thrown out and you start again from <br />the beginning with the intervention; and that has happened.So it’s always a concern that <br />can happen if you have somebody wanting to intervene and it’s wrongfully denied. <br />GALDONES:Commissioner Springer? <br />SPRINGER:Just in terms of perspective was not the Public Access Shoreline <br />Hawaii case a case where basically it was appeal of a denial of standing? <br />YUEN:That’s right. <br />GALDONES:Commissioners, any further discussion? Otherwise, there’s a <br />motion on the floor to grant Mr. Wong’s request for a continuance. <br />SPRINGER:Mr. Chair? <br />GALDONES:Commissioner Springer. <br />SPRINGER:Following the Planning Director’s discussion, may we add to that <br />motion that it’s continued until the May meeting in Kona? That sets the timeframe for <br />us. <br />GALDONES:Jeff, is that any problem to have that on the agenda for the next <br />Kona meeting? <br />th <br />DARROW:No problem. We’ll be able to put it on. That will be the May 28. <br />MCCALL:Maybe we should also make sure -. <br />GALDONES:Commissioner McCall. <br />MCCALL:I’m sorry. Maybe we should also make sure we stipulate that <br />intervenor, or potential intervenor, will be notified and that he will be ready for a <br />contested case, that we would probably be taking it up. <br />GALDONES:So noted. <br />YUEN:Let’s have a letter to him that would say that, that he should be <br />prepared to present his opposition, his full opposition at that meeting. <br />10 <br /> <br />