Laserfiche WebLink
The Ordinances mean exactly what they say—both left it to the discretion of the County to <br /> determine the standards to which the roadways were to be built, requiring, by their express terms, <br /> only that they'`meet with the approval of the Department of Public Works." <br /> 2. Whether the express terms of the Ordinances require compliance with <br /> Sections 23-86 and 23-95 of the Hawai`i County Code for the Haleki'i <br /> Extension, Makai Haleki`i Extension, and Connector Road? <br /> No. Neither Ordinance No. 96-7 nor Ordinance No. 96-8 contain any reference to HCC § <br /> 23-86 and HCC §23-86, or even a single reference to Chapter 23, See Wells Fargo Bank, N.A., <br /> 142 Hawai`i at 449, 420 P.3d at 380 ("`The fundamental starting point of statutory interpretation <br /> is the language of the statute itself,' and `where the statutory language is unambiguous, our duty <br /> is to give effect to its plain and obvious meaning.'"). <br /> 3. Whether the express terms of the Development Agreement set specific <br /> construction standards to which the Mauka Haleki`i Extension, Makai <br /> Haleki`i Extension, and Connector Road must be built to? <br /> No. The Development Agreement does not contain any terms setting forth required <br /> construction standards for the Mauka Haleki`i Extension, Makai Haleki`i Extension, and <br /> Connector Road.' See Wong. 111 Hawai`i at 481, 143 P.3d at 20("[W]hen the terms of a <br /> contract are definite and unambiguous there is no room for interpretation.") (citation omitted). <br /> 4. Whether the express terms of the Development Agreement require <br /> compliance with Sections 23-86 and 23-95 of the Hawai`i County Code <br /> for the Haleki 1 Extension, Makai Haleki'i Extension, and Connector <br /> Road? <br /> No. The express terms of the Development Agreement do not include any reference to, <br /> or otherwise require compliance with, HCC §§ 23-86 and 23-95 for the Mauka Haleki`i <br /> Extension, Makai Haleki`i Extension. and Connector Road. See Wong, 111 Hawaii at 481, 143 <br /> By contrast, Exhibit M to the Development Agreement set forth specific construction standards <br /> for the Bypass Extension. See Exhibit C,Ex. M. <br /> 4862-5574-8005 3.051730-00058 -19- <br /> 23 <br />