2010-08-12 THU HONUA - Laserfiche WebLink

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WOODWARD: All right, if you’d like to rebut, one item briefly. ROHR: Okay. He tried to say that it went with the land. The permit itself states that it applies to successors and assigns. So, and maybe in your rules that it runs with the land, but that’s not the issue. No-where in your rules, and if you would read the material I gave you, I’d appreciate it, because there’s one on the matter of void and stale. And in there it states no-where in your rules does it state that landowner, successor and assigns is the same as applicant and no-where in your rules does it authorize someone to amend a different applicant’s permit. It doesn’t, there’s no authority in your rules or in SMA 205A. It says you may amend a valid permit, that’s what it says. So, again, in my writings I put down why it’s not a valid permit. I also argue that there’s no authority for Hu Honua to amend somebody else’s 25-year old SMA Permit. There’s also case law that says that people who use some place for recreation, they have standing. There’s also case law that says that you can’t amend an amendment. They basically took all of the conditions of the 1995 amended SMA and put them on the side, all of them. They’re amending an amendment, and there’s case law that says you can’t do that. I think it’s the Topliss case that they always talk about --. But I’m not sure, it could be a different one. I have it somewhere, but your attorney will know. So there’s no authority. You must give full weight to all your rules.And I don’t know where we go from here. Thank you. WOODWARD: All right, thank you. Okay, Commissioner Au. AU: I would like to make a motion regarding SMA 221 to deny petition for standing based upon the objections contained within the August 5, 2010 letter from Applicant Hu Honua. KERN: Second. WOODWARD: Do we have any discussion? AU: I would just like to make one comment regarding Ms. Rohr. You know she has a lot of concerns and all these concerns will come up in the contested case hearing. And, you know, what baffles me is that at this point, immediately right now, it can be a coal burning plant, vghbghrvnqrd,,HcnmlsjmnvheHllbnqqdbs+atshsrdems to me in this process if -- if we are, if this permit goes with the land. Rnsg`slr`kkHg`udsnr`x- WOODWARD: Okay. Any further discussion? All right. And one other thing is that there are certainly other options. She obviously has connection with one of the, one of the intervenors can be called on to testify in the matter and can certainly apply, can give more testimony in the future here insghrl`ssdq-Rnkdslrfds`+kdslrs`jd`unsd-Idee- DARROW: For clarification, Commissioner Au, looking at the petition for standing from Claudia Rohr you had mentioned July 5 th? AU: August 5 th. 18 EXHIBITC