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We therefore, appeal to the Honorable Chairperson and esteemed Members of the Windward <br /> Planning Commission to advocate for the adoption of the Planning Director's amendment#1 by <br /> the County Council. By doing so, you will not only be supporting a regulatory environment that <br /> is both fair and conducive to the sustained vitality of our local communities and the broader <br /> tourism economy, but also will be consistent with requirements under current Hawaii and U.S. <br /> Law. <br /> Thank you for considering our testimony and for your dedication to the well-being of our <br /> community. <br /> Sincerely, <br /> Sundar Subramanyam, Ph.D., Esq. <br /> Meena Subramanyam, Ph.D. <br /> ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any <br /> ...purpose for which the building or premises is used at the time this section or the ordinance takes effect.",and that <br /> "[s]tated plainly and unambiguously,this statute prohibits counties from passing zoning ordinances which <br /> discontinue any previously lawful uses." See also Haw.Legal Short-Term Rental All. v. City of Honolulu,Decided <br /> Dec 21,2023 permanently enjoining the enforcement of Ordinance 22-7 enacted by the city of Honolulu seeking to <br /> increases the minimum permissible rental period for residential properties on Oahu from 30 days to 90 days,with <br /> no provision,beyond a six-month phase out period,to accommodate existing 30 to 89 day rentals is preempted by <br /> HRS §464(a). <br /> 2 Waikiki Marketplace Inv.Co.v.Chair of Zoning Bd.of Appeals of the City&County of Honolulu,949 P.2d 183, <br /> 193(Haw.App. 1997)(explaining that HRS § 46-4(a)prohibits zoning changes that eliminate prior lawful uses <br /> without grandfathering in nonconforming uses);Robert D.Ferris Trust v.Planning Comm'n of Kauai,378 P.3d <br /> 1023, 1028(Haw.App.2016)(stating that HRS §46-4(a)'s "statutory protection of lawfully existing uses ... 'is <br /> grounded in[state and federal] constitutional law"')(quoting Waikiki Marketplace,949 P.2d at 193-94). <br /> s"The statutory protection of lawfully existing uses and structures "prior to the effective date of a zoning restriction <br /> is grounded in constitutional law."Waikiki Marketplace Inv.Co.v.Chair of Zoning Bd.of Appeals of City&Cty. <br /> of Honolulu,86 Hawai'i 343,353,949 P.2d 183, 193(1997)(citing 8A McQuillin Municipal Corporations§§ <br /> 25.180-25.180.20,at 8-9(3d ed. 1994)).Under the United States and Hawaii Constitutions, "preexisting lawful uses <br /> of property are generally considered to be vested rights that zoning ordinances may not abrogate."Waikiki <br /> Marketplace,86 Hawai'i at 353-54,949 P.2d at 193-94". <br />