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Just briefly to talk about Mr. L`srtj`v`lrrs`sdldmsr+hesgdSgird Circuit Court says that the <br />deed restrictions essentially prohibited what happened, the transfer of the property and the use <br />of the property as a home, or if the Third Circuit Court says that a bed and breakfast cannot be <br />operated on the property because of the deed restrictions, then the applicant, Mr. Ibbetson, will <br />not be able to operate a bed and breakfast, regardless of whether the Commission has granted a <br />special permit. The Court says xntb`mls+sgdBntqsr`xrb`mlscnhs+sgdmxntvnmlsad`akdsn <br />do it. So there is no need for the Commission to take any special action in this regard. The <br />Court had said that the question of what the deed, what the restrictions of the deed are, are not <br />an issue before the Planning Collhrrhnm+sgdxlqd`mhrrtdadenqd the Court; and the Court will <br />deal with that. <br /> <br />GRAHAM: Thank you, Mr. Yuen. Any questions from the Commissioners? <br /> <br />IWASHITA: Mr. Chair? <br /> <br />GRAHAM: Yes, Commissioner Iwashita. <br /> <br />IWASHITA: So should we make that a condition to the permit? <br /> <br />XTDM9Vdkk+Hcnmlssghmjhslrmdbdrr`qx-Sgdo`rties are bound to follow <br />whatever ruling the Court makes. <br /> <br />GRAHAM: Go ahead, Commissioner Iwashita. <br /> <br />IWASHITA: Well, my follow-up question would be, I guess would be for <br />Mr. Krueger. <br /> <br />GRAHAM: Go ahead. <br /> <br />IWASHITA: I guess, you know, frankly I agree with Mr. Matsukawa in terms of <br />procedurally how this case has proceeded and, you know, frankly I think that this Commission <br />can properly consider restrictions on use, private restrictions on use of property in deciding <br />whether or not, you know, any request such as in this case, the special use permit, should be <br />granted and -. <br /> <br />JQTDFDQ9Hllrnqqx+b`mnqb`mmns>Hchcmlsgd`q-Chcxntr`xsgdx,> <br /> <br />IWASHITA: That we can. <br /> <br />JQTDFDQ9B`mls> <br /> <br />IWASHITA: You know, if a private party comes to us and says we ought to approve a <br />use that by agreement, right, or by deed restriction, and in this case, the party is not allowed to <br />cnnmsgdoqnodqsx+Hsghmjsg`ssg`slrrnldsghmfthat we ought to consider in whether or not we <br />rgntkcfq`mshs-Vdlqd`fnudqmldms agency that, you know, has authority in this case to grant <br />a special use, you know within the circumstances, generally. So, and the way this case has <br />EXHIBIT A <br />6 <br /> <br />