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2007-12-12 TKOHALA LLC
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2007-12-12 TKOHALA LLC
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but we’ll probably be at it for another few minutes for sure. Thank you for your forbearance. <br />Mr. Lim, do you have comment, please? <br />LIM: Yes. Mr. Chairman and Members of the Commission, you know, we first <br />started out this hearing some months ago, and I think one of the, my main thrust in that hearing <br />was that we were asking the Commission for basic fairness. And you know, I think that I <br />outlined in my proposed schedule enough, way enough time for both myself and Mr. Yuen to <br />prepare the adequate legal arguments and proposed Findings, a very, you know, clear path to get <br />everybody’s facts on the record and you can review, you’ll have something in the neighborhood <br />of two weeks at least to review from the last submittal. You know, this is something that, like I <br />said, is very important to the applicant. We feel that basic fairness dictates that we should be <br />able to have this time. For the Planning Director to recommend that the zoning go up before the <br />SMA action means that he wants you to vote on the matter before we even get a chance to get <br />ready to give you our best argument. I think that’s not in good faith. I think that we should have <br />fairness. The applicant is stalled in his development because of the proposed down zoning; <br />we’ve stopped all work on the project. We can’t proceed with the project. So to me, you know, <br />there is no harm to the Planning Director, to the County, for us to take this extra time to give us <br />the chance to give you, the Planning Commission, the chance to review all of the arguments and <br />all of the facts. I think that, you know, the rush to judgment, the rush to push the change of zone <br />ahead of the SMA action is not warranted. I think that you should consider both in your <br />decision. Thank you. <br />GRAHAM: Mr. Lim, one question I had, when you spoke to the Findings of Fact <br />thth <br />submittal and all, I think you had February 8 for the applicant and February 29 for the <br />Planning Director. Why does the Planning Director need extra time to essentially do the same <br />th <br />thing? I think you are doing it by February 8. <br />LIM: Yes. We figured that we would give the Planning Director adequate time. <br />His attorneys are quite busy also, and so we didn’t want them to have to respond in a week, so <br />we thought we would give them that extra time, that’s what, 21 days. <br />th <br />GRAHAM: So when you say February 29, you are talking about him responding to <br />yours, not him submitting his. <br />LIM: Yes, he could submit his own. But, yes, we would submit our legal <br />th <br />memorandum and a proposed Findings on the 8 of February, then he would come back with his <br />thth <br />on the 29 of February. We would then have about maybe a week or so for rebuttal to March 7, <br />and then you would have all of documents at least two weeks before the hearing to review. And <br />th <br />then we would come back on March 20 to argue the proposed Decision and Orders, and you <br />could take final action at that point, if you wish to. <br />GRAHAM: I see. Also we might keep in mind that since we have a difficult decision <br />maybe to make here today, the Planning Director is at least in general agreement with you as far <br />as the SMA permit. So, you know, as far as us deciding what we’re going to do taking votes, we <br />might sort of split them and get one out of the way and deal with the rezoning one or -. I’m just <br />throwing that out as a way to help us move forward, if we need to do that. Commissioner <br />Watanabe? <br />EXHIBIT A <br />15 <br /> <br />
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