2003-07-28 TBLASMAN (4) - Laserfiche WebLink

Home

whether this is a, whether this is a limitation being placed on the Blasman property as the result of an exercise of a customary and traditional right. And that, that really is the crux of the issue, isnÓt it? And the question of whether -. YUEN:No. -. VITOUSEK:IÓm sorry go ahead. YUEN:No, no. VITOUSEK:Okay, but the -. YUEN:First, first I certainly did not use the term extreme in dealing with this condition. VITOUSEK:You didnÓt use the term extreme. That was my term. You used the term unusual, wasnÓt it? YUEN:I said it was a bit unusual. VITOUSEK:Yes, okay. YUEN:And I would not agree that itÓs extreme. VITOUSEK:Fair enough. YUEN:I think itÓs, I think itÓs an attempt to accommodate your clientÓs interest in the context of the sensitive nature of the project. And you may disagree, but thatÓs my contention. VITOUSEKNo, whether or not I -. YUEN:I detect some feeling of the hearing officers perhaps that I havenÓt gone far enough, but this is my position and my contention here. And then the second point, I think this would be an appropriate condition with this property strictly as a historic site being viewed by members of the general public, by tourists, apart from the sensitivities and interests of native Hawaiian practitioners. I think this would be a reasonable and defensible condition and would follow from the kinds of things that weÓre supposed to look at and do in reviewing an SMA permit. VITOUSEK:Fair enough. And I, I understand that position. And what I am trying to eliminate in cross-examination is the extent to which the Planni empowered to impose limitations on the use of private property in order to protect the exercise of customary and traditional rights. ThatÓs the issue IÓm trying to build a record on. 24