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DARROW: Yes, with no speed bumps. <br />HOUSEL: Right. <br />GIFFIN: Jeff, what kind of surface is that? <br />DARROW: This is asphalt. <br />GIFFIN: It is? <br />DARROW: Yes. <br />GIFFIN: Okay. <br />HOUSEL: Any other questions of the staff here? Okay. Would the applicant or representative <br />please come forward? Good morning. Could you please raise your right hand? Do you swear or <br />affirm to tell the truth on this matter now before the Planning Commission? <br />VITOUSEK: Yes, I do. <br />HOUSEL: Thank you. Would you state your name and address? <br />VITOUSEK: IÓm Randy Vitousek and my address is 75-170 Huallai Road, Kailua-Kona. <br />HOUSEL: Have you received all the background information and everything? <br />VITOUSEK: Yes, I believe I have. <br />HOUSEL: Okay. Would you like to go ahead and proceed then? <br />VITOUSEK: Sure, sure, just briefly. The reason we are here is that the history of this property <br />is really pretty complex. I was asked by Judge Ibarra of the Third Circuit Court; I was appointed <br />specifically to try to get the permitting completed on this project. What happened was, the <br />original developer was Clayton Manning. He purchased the property from the Loo family, and <br />then he got the SMA Permit and then he got a tentative CPR approval, and then he sold six lots <br />to six different families. And then he didnÓt pay Mrs. Loo unde <br />foreclosed. And so there was a situation where the six people who had paid for what they <br />thought were valid CPR units, were told that they had nothing. And so it all got thrown into <br />court Î some of our counsel here were representing some of the pr the lot owners Î and <br />the court brought the parties together, and they were able to fashion a solution where the six <br />owners were able to retain their interests; in other words it wasnÓt foreclosed. But because the <br />SMA Permit had elapsed and because the CPR was never finalized, then we had to come forward <br />and try to complete that process. So, you know, the litigation took a lot of time, and so by the <br />time that I got appointed and I came in to talk to Chris Yuen about how we were going to get this <br />permitted, Chris pointed out that the County had passed a new ordinance regulating CPRÓs, and <br />7 <br />EXHIBIT B <br /> <br />