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what happened was that when you looked at the major highway approach, you know, we had
<br /> this is when I was sitting where Zendo is sitting you know, we looked at Queen Ka`ahumanu,
<br /> and we said use that as a benchmark, you came into Kailua, and then you continued on to Kuakini
<br /> Highway, and you went all the way to Keauhou, and from Keauhou then the line kind of dropped
<br /> down, you know, to like about a thousand feet. So anyway, that's the SMA boundary in 1977.
<br /> So shortly thereafter, the landowner submitted their plans to construct a supermarket—actually, it
<br /> was Foodland—so Foodland wanted to build a supermarket over there, so they come in with their
<br /> plan, but to and behold now, they are in the SMA. Had they applied like before June of 1977, they
<br /> would not have had to deal with this kind of SMA type of issues because it was permitted within
<br /> the Resort Zone. But the rest is history, and SMA was required. So in June, excuse me, in
<br /> January of 1978, one of the first SMA, Major SMA Permits that were approved by the Planning
<br /> Commission was this project, and so, me sitting where Zendo is, and it's like, well, the Kailua
<br /> Village Design Plan talked about like we should have some parking, you know, here and there, so
<br /> I said, you know, that would be a good idea if we can convince the developer to provide parking in
<br /> that area, and so the developer said fine, you know, like on the makai side, we'll reduce the size of
<br /> our supermarket, and this makai portion which consists of approximately 10,000 square feet, we'll
<br /> set aside for public parking. Okay, so what happened was that when the SMA was approved, that
<br /> condition became part and parcel of the project. So, anyway, so if you look at the background
<br /> report, it says like the condition was the parking stalls on the makai side of the building shall be
<br /> clearly identified for public use. The rationale that was given for why it was that condition, was to
<br /> enhance the economic development of Kailua while providing partial solution of the parking
<br /> problems in the area; so, there was no direct correlation between the SMA objectives policies but
<br /> just say it's something that's needed in the community in that area. So anyway, like in 1979 the
<br /> project has completed, Foodland moves in, the 20 public parking stalls, and for over 40 years what
<br /> has happened is, like you've seen like some of the photos, you've had like abandoned vehicles,
<br /> vagrancy, homelessness, drugs, trash, security, vandalism, and then for some they've kind of
<br /> privatized the stalls. There's some condos over there, so even they park there assuming that that's
<br /> their stall, you know. So, anyway, so this is the situation where the prior and the current owner
<br /> have had to deal with all these 40-plus years.
<br /> The current owner acquires the property in September of 2021 that's about two years ago, and
<br /> then he still allowed the continued, you know, the continued use of that area. Then he brought up
<br /> all these issues to me, and he said like, you know, we've got to have some control, we cannot just
<br /> say let the public or whatever use, and then look at all of this, I've had to bear the problem of
<br /> removing these abandoned vehicles, I've had to pay the insurance, I've had to assume all the
<br /> liability and all of this, and I've had to pay the real property taxes, and the County has not been
<br /> paying me a cent. So, the question is like, was it fair? So, when he approached me and, you
<br /> know, told me in different ways, not in that manner I'm describing it to you, but he said like oh,
<br /> so, then I thought about it, I said yes, you know, since 1977 to 78 when that decision was made to
<br /> now, we've had a lot of judicial decisions made, which have kind of provided the focus in terms of
<br /> what discretionary bodies or agencies like the planning commission can and cannot do. And one
<br /> of the major ones that relates to the County Planning Commission activity was Topliss versus
<br /> County Planning Commission in 1993. So this is a property out, you know, by Kona Seaview,
<br /> commercially zoned, the guy comes in with the build but you remember I told you like that
<br /> SMA line was all the way up to Kuakini, so he was right at the corner of Kuakini and the Sunset, I
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<br /> EXHIBIT A
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