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proceeded that issue, the issue of whether or not the deed restriction in this case does allow or cndrmls`kknvsgdtrdsg`slrading requested has been bifurcated, separated, and by agreement of the parties. Right? So I want to make it clear on the record that that is the agreement. Okay? Can you state that then please? KRUEGER: Certainly. Yes, there was never any agreement on our part to bifurcate any issue with regard to use. I believe it was the position of the Commission that the Commission does not interpret private covenants and never has; and that if there was a desire on the part of Mr. Kaiawe to address that issue that he would need to bring that up in a separate forum. My question or my concern with what Mr. Matsukawa is asking the Commission to do is that none of you have any idea what is before the Third Circuit Court or how it got there, and no hcd`nevg`sgdlr`rjhmfsgdSghqcBhqbthsBntqt to do, or what Mr. Ibbetson is asking the Third Circuit Court to do. You have no idea of what is likely to be an outcome of that khshf`shnm:`mcxdsxntlqdadhmfasked to delay a decision on a permit which meets all of the criteria for the issuance of a special permit based on something that you have no knowledge `ants:`mcHcnmlsjmnvgnvxntb`mcnsg`s-@mcjust for the benefit of the Commission, the action that was filed in the Third Circuit Court was field by Mr. Ibbetson; and it was filed on the basis of a temporary restraining order. And there was an action that was filed as a counter bk`hlaxLq-J`h`vdsg`sq`hrdcnsgdqhrrtdr-Rnsg`slrgnvhs IWASHITA: So I guess my, let me get it heHl`x+Lq-Bg`hq>Hllrnqqx- GRAHAM: Yes, go ahead. IWASHITA: So my understanding right now based upon what you just stated, Mr. Krueger, is that as far as procedure, where we are now, xntqonrhshnmhrsg`ssg`slr` cdbhrhnmsgdBnllhrrhnml`cd+`mchslrmnsax`fqeement of the parties. And that, and so what is the -? I guess my conbdqmhrsg`shesg`slr+hrsg`s position one that later you might argue in front of the Court, that if this Commission grants the special use permit that that somehow supports your position in the other case? Is that a possible argument that you would make? JQTDFDQ9Hcnmlsadkhdudhslr`onrrhakd`qftldms-HcnmlssghmjHluddudqq`hrdc that other argument in the other action. AmcH`fqddvhsgsgdOk`mmhmfBnllhrrhnmdq+Hll sorry, the Planning Director, that if the Court was to somehow decide that a single family use by Mr. Ibbetson on the property was not allowed and that for some reason he had to either stop using it as a single family residence or move it off the property,gdbdqs`hmkxbntkcmlsbnmctbs` bed and breakfast, you know, at that site. And if he continued to do so, I think there would be action in the Third Circuit Court to prohibit him from doing it; and there would probably also be action by the County on its own to revoke the permit. IWASHITA: So -. Can I follow-up again? EXHIBIT A 7