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incidental public benefit, the trial court properly found public purpose by relying upon the <br /> several government studies that recognized the long-standing public need for the Bypass based <br /> on traffic capacity and safety considerations. lstAmd.FOF¶6-¶9. (R.O.A., 00-1-181K, <br /> V.41/00507 and 05-1-15K,V.27/01031.) <br /> The County feels strongly and compelled to file this application for transfer to have our <br /> high court decide this matter expeditiously, due to the significant importance that the Bypass will <br /> have to the Kona communities and to clarify the government's authority in condemning land for <br /> a public purpose, such as, for the construction of a highway. <br /> VI. CONCLUSION <br /> Based on the foregoing, the County respectfully requests that its application for transfer <br /> be granted and that Coupe's appeal be transferred to this Honorable Court. <br /> Dated: Hilo,Hawaii, June 13, 2008. <br /> COUNTY OF HAWAII, <br /> Petitioner/Plaintiff-Appellee <br /> By <br /> JOSEPH K. KAMELAMELA <br /> Deputy Corporation Counsel <br /> Its Attorney <br /> 15 <br />