2005-09-30 TIBBETSON - Laserfiche WebLink

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TORIGOE:Thank you Madam Chairman. I assume though Mr. Kaiawe thatyou have Mr. Matsukawa assisting you with this case? KAIAWE:Yes. TORIGOE:Has he talked to you about what it means to have a contested case? KAIAWE:Uh, we kind of talked about it a little. TORIGOE:Okay, so basically hes informed you that this will involve a formal or semi-formal trial like proceeding where if the Commission finds that you have standing as an intervenor as a party in a contested case then the Commission will hold a trial-like Contested Case proceeding either as the Commission doing it or hiring a Hearings Officer to do that. During which time you and Mr. Ibbetson and the Planning Director will all be parties. You will have the opportunity to present documentary evidence and testimonial evidence and to cross-examine each others witnesses and ultimately to argue your position. And if this is given to a contested case hearing officer then the officer will provide a report back to the CommissionalongwithsomerecommendationsandthentheCommissionwillhavetomake a final decision. And that final decision ultimately can be appealed through the Court system. So it does require a certain commitment on your part as a party to follow through with this and this semi-formal proceeding here. I guess Commissioner Alameda just wanted to make sure that youre aware of that. KAIAWE:Yes I understand. SPRINGER:Thank you Mr. Torigoe. Commissioners do you have any questions of the applicant for intervention? Seeing none we ask Mr. Ibbetson do you have any comments to make at this time? IBBETSON:Yes I do. SPRINGER:Regarding standing? IBBETSON:Regarding standing. Well Id like to make a few comments quickly before I-, this has to do with standing lets just move along. Im sorry but as far as my-, Mr. Graham wondered how long Ive lived here and whether or not I was sensitive to the grave issue. Im very sensitive to the grave issue and I took offense at that. I not only cleaned out gravesite B but I have been maintaining it on a regular basis. As far as gravesite A is concerned I go in on a regular basis and spray the weeds and Im the one who keeps it up. I also was the individual who specifically requested that this be placed in perpetuity so that their ancestors would always have access, the church did not. All right, as far as the first time Dean visited the house was in stuck form it was not completed. The walls he mentioned that were, in gravesite B were used as retaining walls that is absolutely not true. There are, the wall hits like so you come back approximately 18 inches and then the hillside goes up. It has nothing to do and absolutely no, nothing to do with the hillside. EXHIBIT E 14