Laserfiche WebLink
2. The Planning Director has not Denied PLRC Fundamental Due <br /> Process by Rendering a Decision Without Notice of an Opportunity <br /> for a Hearing <br /> As previously discussed, the Planning Director has implied powers to enforce the <br /> conditions of final subdivision approval. PLRC was required by SHPD to preserve <br /> historic site 18483,pursuant to Section 6E-42 of the Hawaii Revised Statutes, which was <br /> made a condition of final subdivision approval by the Planning Director. In his letter <br /> dated March 20, 2006, the Planning Director informed PLRC of his final decision <br /> regarding PLRC's violation of its condition of final subdivision approval and provided <br /> PLRC with notice of its right to appeal such decision within thirty days of the date of the <br /> decision to the Hawai'i County Board of Appeals, pursuant to County of Hawaii Board <br /> of Appeals Rules of Practice and Procedure and Chapter 91 of the Hawaii Revised <br /> Statutes. Therefore, PLRC has not been denied fundamental due process by the Planning <br /> Director. <br /> Based on the foregoing, the Planning Director respectfully requests that the Board <br /> of Appeals uphold his March 20, 2006 decision pertaining to PLRC's violation of <br /> condition of final subdivision approval. <br /> DATED: Hilo, Hawai'i, July 6, 2006. <br /> CHRISTOPHER J. YUEN, PLANNING <br /> DIRECTOR OF THE COUNTY OF HAWAII, <br /> Appellee <br /> By . <br /> AMY A. SELF <br /> Dep ty Corporation Counsel <br /> Attorney for Appellee <br /> 9 <br />