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Plan. Because it has a cause and effect of law that’s a serious matter. Now whether it’s done or <br />not is another question because we’ll find people who would advocate for various issues in the <br />Plan and there would be those who would contest issues in the Plan. And I think Mr. Luce has a <br />suggestion that in any event then these issues, I think realtors should take this very seriously <br />when they sell properties. Because unless they disclose to the buyer that the land that they’re <br />buying may be subjected to something that’s within the Plan, and then if there’s a certain issue <br />that’s involved with that particular property and if the community further pursue the <br />implementation or the implementation of part of the Plan on that property, and this having a <br />cause and effect of law, it may cause some legal problems. And in deference to the remarks <br />made by these two gentlemen, you know -. Mr. Luce has been a member of the Planning <br />Commission for many years and, in fact, he has been the Chairman of the previous Planning <br />Commission and has taken a wide part, participation in the island’s growth. And with regards to <br />his suggestion, his suggestion, I take it seriously because I know, I think he has gone through <br />some of these issues, well, experiences that were his. So I know might be our Corp. Counsel can <br />shed more light on that or the Planning Director. But -. <br />WATANABE: I kind of questioned Mr. Torigoe earlier and he was a little reluctant to <br />provide legal advice in this area. That said I don’t believe there’s any legal penalty for over <br />disclosing as a real estate agent, although there may be some marketable penalty. But I don’t, <br />you know, if you chose as a real estate agent to disclose that this may be subject to some <br />proposed public access, like trail, either mauka or makai, you know, I don’t think that there’s <br />any, you would certainly be -. <br />LUCE: My point, sir, is it’s too vague in here. I don’t know. Unless every <br />purchase contract has attached this Plan, I don’t know from this map and I don’t know where <br />these things are, I don’t know if any property I may own in the future may be impacted by it. <br />That’s -. And maybe Commissioner Woodward is it as simple as if it says “should” in here then <br />you have to disclose it? Excuse me, if it says “shall” you have to disclose it and if it says <br />“should” you don’t? I think that’s headed for a law suit maybe. <br />WOODWARD: Well, yeah, I think “shall,” “shall” means it’s going to happen. That does <br />have the power of law. You know, but, well, see we’ve -. <br />LUCE: But “should”, you don’t have to disclose? I don’t know if Corp. Counsel <br />would agree with that. But -. <br />WOODWARD: We’ve been, we’ve been dealing with this through all of the CDPs that <br />we’ve gone through. And the guidance that we’ve gotten is that there are mandates and there are <br />guidelines. The mandates are the ones that say you shall do this, the county shall do that. That <br />becomes power of law. The ones that say “should” or we’d like to see or recommend, which is <br />what this one says, “recommend,” I mean that’s as, like I say, mamby pamby as you can get. <br />LUCE: Not in North Kohala, sir. <br />WOODWARD: Okay. But that is a guideline. Now I’m not saying that it doesn’t have <br />some impact but it certainly doesn’t have the impact of saying, you know, we shall acquire these <br />EXHIBIT D <br />9 <br /> <br />