2007-09-21 TIBBETSON - Laserfiche WebLink

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GRAHAM: Mr. Torigoe, would you have a comment to make on that question? WOODWARD: If I might, Mr. Chairman, I do have a little quote from the Court decision in that regard. GRAHAM: All right. Can I hear from Mr. Torigoe first? WOODWARD: Oh, yeah, sure. TORIGOE: Thank you, Mr. Chairman. Yeah, my understanding is that that matter is still before the Court, and has not been decided.I mean basically that’s something that is outside of the jurisdiction of this body to consider. DOMINGO: But upon decision by the Court and that decision is contradictory to the use of the intended property, then the permit would have to, if we approve, would then be withdrawn and considered null and void because of the Court’s decision, in fact, stating that that particular parcel is intended for a cemetery. GRAHAM: I’d also just like to point that on Page 6 of the transcript right at the top from our last hearing, the Planning Director, Mr. Yuen, spoke directly to this issue; you might want to review that. But Mr. Torigoe, you want to respond directly also? TORIGOE: Well, basically if the Circuit Court says that a use cannot continue whether it’s supported by a Special Permit or not, the use will have to stop. If you wanted to put something into an approval of the permit that specifically says that it’s subject to any contrary ruling by the Third Circuit Court, that’s also something that you could do. GRAHAM: Thank you, Mr. Torigoe. IWASHITA: Mr. Chair? GRAHAM: Commissioner Iwashita? IWASHITA: I just wanted to reiterate my view at this point that, you know, the portion of the Judge’s decision that was read that’s what the Judge said, it’s clear on the record that we have before us, though, that the issue that the Judge spoke about as far as Mr. Ibbetson’s deed and whether or not there is a specific restriction in his deed; on this record that’s not the issue that is before, that specific issue is not the one before the present Third Circuit Court. And my understanding of the record is that the present case pending in Third Circuit Court is for the Judge to decide the effect of the original restriction on the conveyance to the church that says it’s for cemetery purposes, is to be used for cemetery purposes. That’s the issue that is pending before the Court right now, and to be decided. And I agree with the Director that, you know, if the Court finds that that restriction does not allow the applicant to conduct a bed and breakfast, that’s going to be definitive on that point. I don’t agree with the Director, you know, that because of that maybe that we should close our eyes to the fact that that in fact may be a result here, and just go ahead and approve it. You know, we have jurisdiction over certain things; the Court has jurisdiction over certain things. I don’t think that the Commission should take an action that ultimately, you know, to me the first decision that should be made should be the EXHIBIT A 14