Applicantʻs Memorandum in Opposition to The Center of Biological Diversity Petition

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to defend her specific and personal concerns. In fact,the petition was not signed by Ms. Dedman, but instead by Maxx Phillips,the Hawai`i Director and Staff Attorney for the CBD. Thus, CBD does not qualify as having standing solely on the basis of asserting that one of their members have property interests in the proposed development area and are Native Hawaiians who practice customary and traditional rights in Punalu`u. This is especially true since the petition begins by stating "The Center interests in this matter are clearly distinguishable from that of the general public" (emphasis supplied). This disclosure clearly demonstrates and confirms that CBD is primarily pursuing their own interests as opposed to Ms. Dedman's interests. B. Where the petition is defective on its face,the Planning Commission must dismiss the petition. CBD's failure to properly articulate and demonstrate why it has standing is fatal, and the Commission must dismiss the petition. The five-page Appendix B that CBD appends to their petition is nothing more than a summary of the purpose of their organization. CBD's representations about what Ms. Dedman has said may very well be true,but the inescapable conclusion is Ms. Dedman has not signed nor filed this petition, but a foreign entity that has not affirmatively stated that they have been authorized to petition the Commission on her behalf. For this reason and based upon CBD's failure to adhere and follow the Planning Commission rules, the petition must be dismissed. IV. CONCLUSION Based on the foregoing reasons and authorities,Applicant Black Sand Beach LLC respectfully requests the Windward Planning Commission not grant Petitioner Center for Biological Diversity standing since they, as a foreign organization, have not demonstrated that their interests are distinguishable from that of the general public. -5-