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GRAHAM: Commissioner Iwashita, sure. We cng`ud`knmf`fdmc`sgntfgrnkdslr <br />try to be concise. <br /> <br />IWASHITA: I understand. I just, you know, given the procedural history of this case <br />and this case coming back to usnmbdvdlud`kqd`cxl`cd`cdbhrhon, I want to try and make a <br />clear enough record that I feel colenqs`akdhmsgdcdbhrhnmsg`slrmade today. So is there any <br />naidbshnmnmsgd`ookhb`mslro`qssgdmsg`ssgd+nq, back up. The deed with the restriction is part <br />of the record in this case before us, is that correct? <br /> <br />KRUEGER: The deed that has a restriction in it was before this Commission; and it <br />was something that was argued before this Commission in the contested case hearing, yes. <br /> <br />IWASHTIA: Right, so it is part of the rdbnqcsg`svdlqdbnmrhcdqhmfhmcdbhchmf <br />today? <br /> <br />KRUEGER: It is part of the record, it is something that the Circuit Court indicated <br />should not be considered by this Commission in determining whether or not to issue a bed and <br />breakfast permit. But it was before this Commission in the original contested case hearing. <br /> <br />IWASHITA: Okay, maybe I misunderstand then. I thought the basis of the reversal <br />was that we somehow improperkxbnmrhcdqdcLq-Haadsrnmlrcredibility as far as his <br />proceeding and how he got the odqlhs`mcsg`ssg`slrmns,- <br /> <br />JQTDFDQ9Mn+Hcnmlsadkhdudsg`s,- <br /> <br />FQ@G@L9BnllhrrhnmdqHv`rghs`+Hcnmlssghmk that was the issue. Mr. Torigoe, <br />do you want to explain briefly what sgdBntqslrqdl`mcwas based upon? <br /> <br />SNQHFND9Vdkk+Hlkksqxqd`kpthbjkx+`mcHthink you should probably let the parties <br />also respond to that. But both of those issues, I think, were dealt with by the Court in some <br />way. That is the Court did seem to indicate that we should not consider, you know, allegations <br />of character or, you know, failure to disclose things on Mr. Haadsrnmlro`qs-@krn+sgdBntqs <br />noted that the essential character of the subject property is really residential and was <br />established prior to the application being filed. <br /> <br />GRAHAM: Thank you. <br /> <br />IWASHITA: But the specific -? <br /> <br />GRAHAM: Commissioner Iwashita. <br /> <br />IWASHITA: Was there direction from the Court that we cannot consider the <br />restriction in the deed? <br /> <br />WOODWARD: If I, Mr. Chairman? <br /> <br />EXHIBIT A <br />8 <br /> <br />