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V. CONCLUSION <br /> The Board's decision clearly violated State law by shifting the burden of proof to the <br /> Director. Moreover,the Board's decision was arbitrary and characterized by abuse of discretion <br /> and clearly erroneous because its COL and Decision and Order were not supported by the FOF <br /> and the evidence in the ROA. <br /> Based upon all of the foregoing, the Director respectfully requests that the Court reverse <br /> the Board's Findings of Fact, Conclusions of Law, and Decision and Order and issue an Order <br /> deeming the Jin and Lu Variance Application(VAR 06-101) denied as of February 12, 2007, <br /> pursuant to Section 23-18, Hawaii County Code. <br /> Dated: Hilo, Hawaii, January 14, 2008. <br /> CHRISTOPHER J. YUEN, PLANNING <br /> DIRECTOR OF THE COUNTY OF HAWAII, <br /> Appellant <br /> By /-o- <br /> A SELF <br /> Depu Corporation Counsel <br /> His A omey <br /> 17 <br />