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2008-11-24 TKOHALA LLC
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2008-11-24 TKOHALA LLC
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wouldn’t have to appeal in court; that’s in part what I’m trying to avoid is because I feel that, you <br />know, we can’t go forward anyway, let us go back to the drawing board and continue our <br />development efforts rather than spend the time fighting this in court. Because the net effect of <br />having a denial on both of ours – which is what I’m anticipating the vote would be, if you took a <br />substantive vote on Items 1 and 2 on the agenda today – is that we both should be appealing to <br />the Third Circuit Court. Because, you know, if the Planning Director’s application to revoke the <br />SMA Permit is effectively denied for a failure to reach a five-vote either which way, what does <br />that mean? Does that mean my SMA Permit 379 is good now? I don’t know. To me, there’re a <br />lot of uncertainties there. And it’s really somewhat of a useless legal exercise for us to be in <br />court and appeal a final decision by the Planning Commission. That’s why I’ve asked for the <br />deferral. Everybody will stay status quo. There is no court action. I can go concentrate on the <br />development of the property, and bring something back to you that’s acceptable. <br />WATANABE: Any further comments from anyone else? Yes, Mr. Housel? <br />HOUSEL: Mr. Lim, you’ve mentioned that you would, with the deferral, you would <br />consider reducing the number of lots in this property. Do you have an idea how many lots you <br />would have in mind? <br />LIM: No, we never got to that point. We tried to talk with the Director during <br />the proceedings on this case in which you had directed us to discuss this, but we never got <br />anywhere on that. So that’s why I’m saying, you know, let us go back to the drawing board and <br />let us restart our planning effort again and come back to you. And if we can’t convince you that <br />that’s a reasonable proposal, then deny the Permit. <br />HOUSEL: Okay. <br />WATANABE: Follow-up? Do you have a follow-up? <br />HOUSEL: No. <br />WATANABE: Well, for your information, historically we were discussing half the <br />density, 25. There was a proposal, and that was not accepted by the Director, though. Mr. <br />Woodward? <br />WOODWARD: Are we ready for comments, or are we just still in the questions phrase <br />here? <br />WATANABE: Very good question. I’ve kind of moved forward, haven’t I? Yes, Mr. <br />Yuen? <br />YUEN: I’ll keep it brief. There are just a couple of brief things I’d like to say in <br />response to what Mr. Lim has said. One is that I agree with the term, “limbo;” I actually used <br />this with the Council. I don’t think we have an argument about that the zoning is in effect in <br />limbo, and that the Council needs to make a decision on the zoning. As far as instituting <br />litigation, that’s entirely up to Mr. Lim and his client; no one is forcing them to do that. If the <br />EXHIBIT A <br />8 <br /> <br />
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