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2006-01-13 Pepeekeo Coal Burning Power Plant Would Council be in legal jeopardy of a takings claim if tried to stop the re-opening of power plant
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2006-01-13 Pepeekeo Coal Burning Power Plant Would Council be in legal jeopardy of a takings claim if tried to stop the re-opening of power plant
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OWN ,00k <br /> Fred C. Holschuh, M.D ouncilmember %GAW <br /> January 13, 2006 <br /> Page -4- <br /> 111. Other Potential Issues, and Conclusion <br /> Again, because we do not have any specific proposed Council actions to review, we <br /> cannot foresee other legal issues that may arise. Suffice to say that any action <br /> proposed may have to be examined for other possible legal issues,, such as might arise <br /> under principles of due process and equal protection of the laws. <br /> We hope that this general discussion meets your current needs. Again, please send <br /> us a more specific request for advice should you wish to explore particular proposed <br /> Council actions. This letter is for general information only, and is not intended to <br /> provide legal advice to be relied upon by any persons for any particular acts or <br /> forebearance. Certainly any of your constituents should consult their own legal counsel <br /> should they have any legal questions. Thank you. <br /> Very truly yours, <br /> Ivan M. Torigoe <br /> Deputy Corporation Counsel <br /> IMT:cm <br /> c: Council Members <br /> s:dept\counci1\WRK05-11202 Itr holschuh re pepeekeo powerplant\1-13-06\1W m.doc <br />
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