2005-05-20 EXHIBIT C HUGGETT PC - Laserfiche WebLink

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HAYASHI:No, not that I know of. SPRINGER:Thank you. Commissioner Iwashita? IWASHITA:Counsel do you have any cases that, let me preface my question. The rule of law that you cite inthe memo, or that your firm cites in the memo, talks about a permit that runs with the land. We dont actually have a permit issued in this case. Do you know of any case, which addresses the issue of an application being transferable or that the application runs with the land. SCHULTZ:We were not able to find anyone specifically in Hawaii, I think the reason is is that, it probably wouldnt go up onto appeal until you know the permit has been formally denied or approved. There is, theres one case that was recently decided in January 2005 by the HawaiiSupremeCourtwhereIbelieveVoicestreamappliedforapermit.Imsorry,madea claim so that there was no permit needed this Commission said that there was that when on appeal. The Supreme Court in its caption makes a quick note that T-Mobile is now the persons who is seeking the, actually appealing the decision that a permit was needed and it does say without any. In other words, the Supreme Court doesnt take up any issue with that. But thats, thats what I can say to you without doing more research on to this subject. IWASHITA:Im not getting that what is the significance of the case you just cited? SCHULTZ:It basically, its just pure dicta. That the Supreme Court had no problem with the Applicant changing midstream. I guess once again, you have to look at the Planning Commission Rules 911(a) again, doesnt ask about the Applicant. The Applicant really should not be important. You dont want the Commission making decision on an Applicant on whose brother it is, you know its the project that this Planning Commission should look at. How does this project effect the Special Management Area. SPRINGER:Commissioner Iwashita follow up? IWASHITA:Im new so you gotta pardon me. But I guess my concern is that, I think everyone agrees that a permit runs with the land, right? But we dont have a permit issued in this case. What were talking about is whether or not the rule, under our rules whether we have a new application or not. And so, to me its not real helpful to say that a permit runs with the land cause it doesnt address the direct issue. To me its not you know, its not real helpful. So I was just asking for any other authority but basically there is none. SCHULTZ:I have, I cannot cite you any right now. SPRINGER:Mr. Director youve heard Commissioner Iwashitas concern that this is not a permit that has already been granted that were discussing but rather an application that is in process. Do you have any comments in addition to those made by Mr. Schultz? EXHIBIT C 7