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GRAHAM: I don’t believe so. Thank you, Mr. Krueger. <br />SIRACUSA: I understand that there is a case pending in court, and I’m wondering if we <br />decide one way and the Court decides another way, if things would cancel each other out; or if <br />we would need, if we passed the application, if we would need to put in special, something, <br />special wording saying that the passage of the application was conditional upon the outcome of <br />the Court case or something like that. <br />GRAHAM: Mr. Torigoe, could you speak to that? <br />TORIGOE: I would not say that you would have to say it that way. If you wanted to <br />put in something, if you were to pass or if you were to approve the application and you wanted to <br />recognize that there is a Circuit Court case pending, you could say something, well, you could <br />say something to the effect that as a condition that the grant of the permit is subject to any <br />contrary ruling of the Third Circuit Court, or something to that effect, which, you know, would <br />be the case anyway. In any case whether you said or not, you know, if the Circuit Court comes <br />back and says, you know, this proposed or the use as a residence or as a bed and breakfast is <br />barred as a matter of law by the language of the original deed from Mikala Kaiawe, if the Court <br />came and said that, then whatever you put or don’t put in your permit, basically, you know, it <br />would in effect nullify the permit. But if you wanted to include something that basically said <br />that it’s subject to any contrary rulings of the Circuit Court, I think you could put that in. <br />GRAHAM: Could we -? <br />SIRACUSA: I, just a follow-up -. <br />GRAHAM: Go ahead again. <br />SIRACUSA: I also had a question about something that was in the confidential <br />executive session minutes. So can I ask that in a way that we don’t have to go into executive <br />session, just maybe by referring to the page number and the paragraph or something? <br />GRAHAM: I wouldn’t know, Ms. Siracusa. <br />TORIGOE: That will be, I think that will be difficult to do because the answer would <br />probably involve the substance of it. <br />GRAHAM: Okay, maybe we can go ahead, and if you’ve come to a point where you <br />feel we need an executive session to clarify something, you can express why and maybe we can <br />do that. <br />SIRACUSA: Okay. <br />GRAHAM: Thank you. Okay, Commissioner Watanabe, if you would like to go <br />ahead with your motion? <br />EXHIBIT D <br />5 <br /> <br />