2008-10-06_Chris Yuen_v_Board_of_Appeals_and_Edmund_Jin_and_Eva_Lu_-_Answering brief-Civil_No_07-1-261K

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a i n �J NO. 29192 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII CHRISTOPHER J. YUEN, PLANNING CIVIL NO. 07-1-261K DIRECTOR, COUNTY OF HAWAII, Appellant-Appellee APPEAL FROM FINAL JUDGMENT FILED HEREIN ON MAY 2, 2008 vs. BOARD OF APPEALS OF THE COUNTY OF HAWAII,VALTA COOK, in his capacity as Chairperson of the BOARD OF APPEALS OF THE COUNTY OF HAWAII, Appellees. and THIRD CIRCUIT COURT EDMUND JIN and EVA Y. LU, HONORABLE RONALD IBARRA, Appellees-Appellants. CIRCUIT COURT JUDGE APPELLANT-APPELLEE CHRISTOPHER J. YUEN, PLANNING DIRECTOR. COUNTY OF HAWAVI'S ANSWERING BRIEF COMES NOW, APPELLANT-APPELLEE CHRISTOPHER J. YUEN, PLANNING DIRECTOR, COUNTY OF HAWAII(hereinafter`Directof), by and through his undersigned counsel, hereby submits his Answering Brief as follows: I. STATEMENT OF THE CASE This is an appeal from the Circuit Court of the Third Circuit, Kona Division, which reversed the Board of Appeals of the County of Hawakis(hereinafter`Board) decision and order granting Water Variance application (VAR 06-101) and ordered Water Variance application (VAR 06-101) denied as of February 12, 2007, pursuant to Section 23-18 of the Hawaii County Code. (R:CV07-1-261K Doc. 021 at 916; Doc. 022 at 917-918.)