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And I want to continue to make Kona Center a nice place. It used to be an eyesore. Now, you
<br /> know, it's come up a lot. And this is the next step in order to move forward to complete my
<br /> renovations, you know.
<br /> KNOWLES: Excellent.
<br /> FUJIMOTO: And, and to make it safe.
<br /> KNOWLES: Then I agree, Commissioner Vitousek, that what we, what would be beneficial for
<br /> us, Mr. Fuke, is a plan from the applicant, not a theoretical sort of idea of what he has and is
<br /> thinking about.
<br /> FUKE: Maybe before I respond to that, can I I didn't quite understand, you know, your
<br /> response, Mr. Ferguson, you know, in response to Commissioner Kanuha's questionso, will the
<br /> retention of this condition expose the County in any liability?
<br /> SALAS-FERGUSON: So, that's, will the retention of this expose
<br /> FUKE: Existing condition. Assuming there is some issues, you know, like will the County
<br /> expose itself by the retention of—because the County is requiring this Condition.
<br /> SALAS-FERGUSON: It's been required.
<br /> FUKE: Well, it was like 30 years or 40 years ago, or even today the request is made, so, you
<br /> know, it's kind of like a reinforcement
<br /> SALAS-FERGUSON: Not really, I think I differ on your interpretation of, you know, the whole,
<br /> you know, whether all that case law you talked about applies retroactively. That's a whole, this is
<br /> all very complex areas of the law, and that's why I responded to Commissioner Kanuha's
<br /> question, saying that in order to make a legal decision based on a fact pattern, I need very specific
<br /> facts to make an opinion. And so, your question you are not my client, the board is my client I
<br /> don't really understand your question. I'll entertain your question, you know, as much as, so ask
<br /> the question again, and I'll give you a
<br /> FUKE: You know, like I know that
<br /> SALAS-FERGUSON: off-the-cuff opinion.
<br /> FUKE: on State Law, you know, when you require public access, there is some amount like, I
<br /> think there was a provision that absorbs the landowner of responsibility for the public access in
<br /> case there is any lawsuits associated with setting aside the access. My question is like does it
<br /> necessarily apply to a parking lot? There is a requirement that's imposed by the Planning
<br /> Commission.
<br /> SALAS-FERGUSON: Liability in what sense? Like if somebody falls down and gets injured, is
<br /> the County going to be liable for that person falling down [inaudible crosstalk]
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<br /> EXHIBIT A
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