Applicantʻs Memorandum in Opposition to First Amended Petition

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• They listen and work to nurture, steward and manage these lands in a manner that reflects the vision of the community. • They protect the Federally protected honu and honu`ea. • They will rehabilitate Kawaihuokauila Pond and restore Native Hawaiian vegetation. • They will protect Native Hawaiian gathering and fishing rights. • They will establish a Shoreline Conservation Management Area to ensure preservation for future generations. • They will create a community-led and community-driven Foundation to manage and steward the conservation areas and wahi pana. IL STANDARD OF REVIEW Rule 4, Part I, Section 4-6, subsection (a) of the Rules of the Planning Commissions of the County of Hawai'i ("PC Rules")provides in pertinent part as follows: In all proceedings where the Commission's action is directly appealable to Third Circuit Court, the applicant and the Planning Director will be designated parties to the action. Any other person seeking to intervene as a party shall file a written request on a form approved by the Planning Director and accompanied by a filing fee of$200 no later than seven calendar days, prior to the Commission's first meeting on the matter. PC Rule 4, Part I, Section 4-6, subsection (a)provides as follows: Upon receipt of a written request to intervene,the Commission, at the first meeting on the matter, shall hold a hearing on the written request. The petitioner shall be admitted as a party if it can demonstrate that: (1) His or her interest is clearly distinguishable from that of the general public; or (2) Government agencies whose jurisdiction includes the land involved in the subject request; or (3) That they have some property interest in the land of lawfully reside on the land; or (4) That even though they do not have an interest different than the public generally,that the proposed action will cause them actual or threatened injury in fact; or (5) Persons who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778,who practice those rights which are customarily and traditionally exercised for subsistence, cultural or religious purposes. -4- 3302522x2