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2008-11-24 TKOHALA LLC
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2008-11-24 TKOHALA LLC
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And I’ve been looking at your Rule 9-11, which in honest face says that you’ve got to make a <br />decision, you know, by the next meeting. I’m also looking at your contested case rules now. <br />And Rule 4-3 says, in case of conflict of time and notice requirements, basically Rule 4 applies. <br />There is also Continuance, Rule 4-5, where the presiding officer may postpone or continue any <br />hearing to ensure the orderly and just conduct of a hearing. I guess what I’m trying to say is that <br />there is a possibility; if there is a good reason, you know, that would be unjust to make a decision <br />at this point, then I could see making your argument that you could continue the hearing on the <br />reconsideration. But it would have to be I think a pretty good reason that would be unjust to go <br />forward, the rule as is written in Rule 9-11. Mr. Lim mentioned that he felt that they should be <br />able to submit further Findings of Fact, Conclusions of Law because of what has transpired <br />between then and now; I suppose that would need to be explored a little bit because in some <br />sense what happened between then and now amounts to nothing happening, right, because <br />everything went up and everything failed, so -. In that sense I guess my question is, if nothing <br />really happened between then and now, then is there anything that really requires new proposed <br />Findings of Fact, Conclusions of Law to be presented and considered and argued over. <br />WATANABE: Thank you. Mr. Woodward? <br />WOODWARD: Thank you, Mr. Chairman. We are dealing with a lot of hypothetical’s. <br />And right now we have no idea what the County Council is going to do; but they’ve got to do <br />something. They can’t do anything with this property until they either get a time extension or a <br />change of zone. So it doesn’t seem to make any sense to me to act on this matter. And I think <br />there is a good reason to defer it. Mr. Lim would like to submit more Findings of Fact. And <br />again we are in a situation where this is not going to determine a final outcome of this property. <br />We really need to know what the County is going to do with the zoning; they’ve either got to <br />give a time extension or they’ve got to rezone it. And for that reason, voting on this particular <br />issue would have no effect other than perhaps just throw this thing into court, and I don’t see any <br />particular reason that that needs to be done.So again, it’s dependent on the County Council and <br />then having their initiative signed off on by the Mayor as far as the rezoning; otherwise, this is <br />all moot. <br />WATANABE: Thank you. Mr. Domingo. <br />DOMINGO: Mr. Chairman. To go on further with the discussion with regards to <br />finding a legitimate reason to not defer or any reason of that sort, you know, it’s contained in the <br />Mayor’s veto message; it says, “The County government operated in a land use system where we <br />did not take into account the legitimate interest of private owners of property will be free to <br />make various restrictive controls on this and other lands.We must, however, understand that the <br />property is privately owned and we have to look for a balance between the desires of the public <br />and the interest of the property owner.” And you’ve alluded to that fact many times whenever <br />we deferred action on this issue; you said that we’d like to have the applicant and the Planning <br />Director sit down and see how we could come to some amicable decision where both parties can <br />buy into it. You made that point so strongly. <br />WATANABE: Exactly. <br />EXHIBIT A <br />12 <br /> <br />
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