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2003-11-21 tflorida
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2003-11-21 tflorida
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ROBERTSON:George H. Robertson, Post Office Box 44490, Kawaihae 96743. <br />GALDONES:Mr. Robertson, before we take any action on your Petition, is there <br />anything that you would like to share with the Commissioners? <br />ROBERTSON:No. IÓm hopeful that Ms. Leong will be able to resolve this <br />without our having to go to a Contested Case. We spoke prior to the meeting today and <br />there is a possibility that that might happen, that they can work out an agreement with <br />Mr. Yamanaka. And if thatÓs the case and that the tree-planting can proceed, that would <br />satisfy me, and IÓd be happy not to have to pursue the Contested Case. <br />GALDONES:Thank you. Commissioners, are there any question of <br />Mr. Robertson? Hearing none, Commissioners, before you is the Petition for Standing. <br />The wishes of the Commissioners? Commissioner Kubota? <br />KUBOTA:Mr. Chairman, I move that Mr. George Robertson be given <br />standing in Special Permit Application 1084, amendment to Conditions No. 2, 3 and 4. <br />FUJIKAWA:I second it. <br />GALDONES:It has been moved by Commissioner Kubota and seconded b <br />Commissioner Fujikawa that the Petition for Standing in Contested Case Hearing <br />submitted by Mr. George H. Robertson be approved. Any discussio <br />Graham? <br />GRAHAM:Just a question for our counsel, please? I think we, I think the <br />feeling is that being an adjoining landowner, you know, we presume he will have <br />standing. But, in fact, we havenÓt heard anything on the record as to how he is affected <br />by or injured, you know, by this situation. So IÓm just wondering if we should have <br />something put on the record before we vote on this standing with no evidence, except the <br />fact that heÓs an adjoining landowner. <br />LEONG:Mr. Chair? IÓm sorry. <br />GALDONES:Excuse me, Ms. Leong. IÓll give the counsel a chance to respond <br />to that. <br />OÓTOOLE:Well, I think that the adjoining landowner, itÓs clearly <br />distinguished from that of the general public, adjoining landowner, you know. As you <br />say, I think we generally accept that. But if you want more det <br />And then, I guess, usually we also ask if thereÓs objections from the other party. <br />KUBOTA:Mr. Chairman? <br />GALDONES:Ms. Kubota, could you hang on. IÓd like to recognize Ms. Leong <br />first. <br />9 <br /> <br />
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