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2008-01-03 tsoto
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2008-01-03 tsoto
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Mr. Mooers and I understand that he understands that our organization has standing and <br />would like an opportunity to meet with my client before I proceed with the full Contested <br />Case. <br />I will point out to the Commission that the Rule 4-1, it provide <br />Contested Case may be modified or waived by stipulation of the parties. And itÓs my <br />understanding that Mr. Mooers does not have any objection to this technical deficiency, <br />which will be corrected in due course. It was, as I explained, it was an unavoidable <br />situation. <br />I would also note, just as a matter of general law, that the HawaiÒi Supreme Court has <br />taken a very liberal view towards standing, and especially with respect to standing, with <br />respect to environmental concerns and that the case law seems to indicate that technical, <br />the technical requirements for standing should not be utilized to deny standing or -. <br />There should be some reluctance to rely on technical flaws in order to deny standing to <br />parties who are worthy of such standing. And I donÓt think thereÓs any dispute that on the <br />facts being directly adjacent to this proposed development that my clientÓs interest is <br />different from the general public in that, therefore, this anomaly, that standing would be <br />granted. <br />So, with that, I request the Commission to allow that we supplement our Petition with the <br />original signature on Monday, we would have it filed at the Planning Department, and <br />that we may proceed as an Intervenor. Thank you. <br />GALDONES:Commissioners, any question of Mr. Moore? Commissioner <br />Graham? <br />GRAHAM:Just to ask Mr. Mooers to verify that, in fact, this is not, the <br />deficiency in the Petition doesnÓt represent any substantial adversity to you. Is that <br />correct? <br />MOOERS:Yeah, I would like to comment. First of all, just in general and, <br />obviously, IÓm not a big fan of Contested Cases because I think they tend to take up a lot <br />of time and IÓm not quite sure that theyÓre used for anything much more than opposition <br />to a project, and maybe not, or contest a particular evidence that may be introduced. At <br />the same time, IÓm not an attorney, but I do understand that the courts have ruled that <br />they should take a very liberal view of standing. I would like to make just one request on <br />this Contested Case, and any others in which an organization or group asks for standing, <br />and that is that some evidence be introduced either at the time of the application or at the <br />time of the first hearing that would show that the body that is applying for the Contested <br />Case has, in fact, that the person signing has the authority to represent the group, and that <br />thereÓs minutes of a meeting held that shows that a decision was made by the group prior <br />to the date of filing and then, in fact, that the person who signed was authorized to take <br />that action. And that is not to oppose this man in general, but I just think itÓs, as a general <br />statement of groups requesting Contested Cases, that this would be a good idea. <br />4 <br />EXHIBIT A <br /> <br />
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