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KNOWLES: I'm just going to interrupt here, I'm sorry, Commissioner Paishon-Duarte. Because <br /> the petition that, the matter before us is only to determine whether or not the petitioner has <br /> standing to intervene in a contested case, we will not be engaging in a discussion on the merits or <br /> the issues related to access at this time. There will be ample time for us to cover those issues. <br /> PAISHON-DUARTE: Can you further elaborate,please? I don't quite understand what you are, <br /> you are saying. <br /> KNOWLES: So, I can defer to Counsel, if we need to do that, but essentially, the question before <br /> us today is to determine whether or not the petitioners have standing to intervene because their <br /> relationship to the subject property is clearly distinguishable <br /> PAISHON-DUARTE: I understand that, thank you. <br /> KNOWLES: —from the general public—thank you so much—or meets the other criteria of <br /> 4-6(b). Thank you. <br /> PAISHON-DUARTE: Understood, thank you. <br /> KNOWLES: Is there any other discussion? <br /> DELA CRUZ: Yeah, could you tell me a little bit moreI don't know if this is the right time to <br /> ask—in regards to the establishment that you guys have? Is that, this Retreat, is this some kind of <br /> resort or some kind of hotel? <br /> KNOWLES: Again, this is, sorry, Commissioner Dela Cruz, so today what we are deciding is <br /> whether or not the petitioner's interest in the subject property is clearly distinguishable from that <br /> of the general public or somehow meets the other criteria of 4-6(b). And I'm happy to read those <br /> again if you'd like. I think the position of Mr. Anderson and the other petitioners is that because <br /> they share access and utility easements with the subject property, that their interest in this matter is <br /> clearly distinguishable from the general public. <br /> DELA CRUZ: Understood, thank you. <br /> KNOWLES: Commissioner Vitousek. <br /> VITOUSEK: Mahalo. I believe that as a neighbor they are clearly, interests are distinguishable <br /> from that of the general public. <br /> KNOWLES: Absolutely. <br /> VITOUSEK: And as that's all that we are reviewing today, I think that it makes sense to move <br /> forward, and hopefully, they can work out any issues in mediation and through the contested case <br /> process. <br /> 13 <br /> EXHIBIT B <br />