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APPELLANT CHRISTOPHER J. YUEN, PLANNING DIRECTOR <br /> COUNTY OF HAWAI`I'S OPENING BRIEF <br /> Appellant CHRISTOPHER J. YUEN, PLANNING DIRECTOR, COUNTY OF <br /> HAWAII (hereinafter "Director"), by and through his undersigned counsel, respectfully submits <br /> his Opening Brief in accordance with the briefing schedule established by the Court and filed on <br /> December 10, 2007. <br /> I. STATEMENT OF THE CASE AND FACTS <br /> A. Introduction <br /> Appellant Christopher J. Yuen is the Planning Director of the County of Hawaii. <br /> Appellee Board of Appeals of the County of Hawaii (hereinafter"Board") is an agency <br /> of the County of Hawaii that has been delegated the authority to hear and determine appeals <br /> from final decisions of the Director pursuant to Chapter 91 of the Hawaii Revised Statutes <br /> (hereinafter"HRS") and Section 6-10.2 of the Hawaii County Charter. <br /> Appellee Valta Cook is named herein in his official capacity as Chair of the Board of <br /> Appeals for the County of Hawaii (hereinafter"Board Chair"). <br /> Appellees Edmund Jin and Eva Y. Lu(hereinafter"Jin and Lu") are individuals and fee <br /> simple owners of Tax Map Key: (3) 8-7-013:011 (hereinafter"the Property") located on the east <br /> (mauka) side of Mamalahoa Highway, being a portion of Olelomoana Homesteads, ahupua`a of <br /> Olelomoana 2nd, District of South Kona, County and State of Hawaii. (See Record on Appeal <br /> (hereinafter"ROA") at 00652-00653.) <br /> 1. The Property <br /> The Property is Lot 3 of Olelomoana Homesteads, containing approximately 35.90 acres, <br /> being the whole of Grant 10013 to Susan Eleneka and Grant S-14061 to William Eleneka Ontai, <br /> d <br /> et al., situate at Olelomoana 2n , District of South Kona, Hawaii. (ROA at 00654.) The <br />