2024-07-22 Email Daryn Arai Black Sand Beach Response Letter

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Honorable Dennis Lin July 22, 2024 Page 4 expense to Black Sand Beach (including but not limited to attorneys' costs and fees), as well as delay which will only prejudice this project. To summarize, Colony I was afforded a full hearing on their petition, and they did not receive the requisite number of votes for standing to be granted. There is no requirement there be an affirmative vote to deny standing, since the failure of the main motion made on May 6 necessarily means a majority of the Commission did not conclude that standing was appropriate. For the foregoing reasons and authorities, Black Sand Beach respectfully requests this agenda item be stricken since the WPC has already taken final action on the Colony I petition. In the alternative, if this matter remains on the WPC agenda, and the Commission proceeds to "consider and take action" on the petition contrary to the defeat of the motion on May 6, Black Sand Beach urges the Commission to make a factual and legal findings on the record as to: 1. The legal authority permitting a failed motion to essentially be reconsidered after the May 6 meeting had been adjourned, absent a motion for reconsideration by a commissioner who voted on the prevailing side. 2. That Black Sand Beach's due process was not violated, and they have suffered no prejudice. Thank you again for your kind attention to this matter. Very truly yours, TORKILDSON KATZ A Law Corporation Lincoln S. T. Ashida c: Suzanna L. Tiapula, Office of the Corporation Counsel 2 We note that one member of the WPC was absent at the May 6 meeting. This is of no legal consequence. Irrespective of the number of members who show up at a commission meeting, so long as there is a quorum present,the requisite number of affirmative votes will be necessary to legally pass any item. 3335914vl