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TORKILDSON KATZ <br /> A Law Corporation <br /> LINCOLN S. T. ASHIDA 4478-0 <br /> 120 Pauahi Street, Suite 312 <br /> Hilo, HI 96720 <br /> Telephone: (808) 961-0406 <br /> Facsimile: (808) 961-3815 <br /> Attorneys for Applicant <br /> BLACK SAND BEACH LLC <br /> BEFORE THE WINDWARD PLANNING COMMISSION <br /> COUNTY OF HAWAI'I <br /> STATE OF HAWAI'I <br /> In the Matter of: PL-CCH-2024-000023 <br /> Development of a Residential and APPLICANT BLACK SAND BEACH <br /> Commercial Community Consisting of LLC'S POSITION STATEMENT ON THE <br /> Approximately 225 Residential and Short ASSOCIATION OF APARTMENT <br /> Stay Units,Village and Wellness Center, OWNERS OF COLONY 1 AT SEA <br /> Retail Uses, Rehabilitation of Golf Courses, MOUNTAIN'S PETITION FOR <br /> and Dedication of a Portion of Coastline as a STANDING IN A CONTESTED CASE <br /> Conservation Area HEARING; CERTIFICATE OF SERVICE <br /> Hearing Date: May 6, 2024 <br /> Hearing Time: 9:00 a.m. <br /> APPLICANT BLACK SAND BEACH LLC'S POSITION STATEMENT ON THE <br /> ASSOCIATION OF APARTMENT OWNERS OF COLONY 1 AT SEA MOUNTAIN'S <br /> PETITION FOR STANDING IN CONTESTED CASE HEARING <br /> Applicant BLACK SAND BEACH LLC ("Applicant") by and through their undersigned <br /> counsel, hereby submits the following Position Statement on the ASSOCIATION OF <br /> APARTMENT OWNERS OF COLONY 1 AT SEA MOUNTAIN'S ("COLONY 1") Petition <br /> for Standing in a Contested Case Hearing. <br /> L BACKGROUND <br /> "Black Sand Beach LLC has done tremendous things for our community. Giving a local <br /> nonprofit 3 acres of land and 2 greenhouses to garden through the pandemic...donated <br />