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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT <br /> STATE OF HAWAII <br /> CHRISTOPHER J. YUEN, PLANNING CIVIL NO. 06-1-0184 <br /> DIRECTOR, COUNTY OF HAWAII, (Agency Appeal) <br /> Appellant/Appellee, APPELLEES BOARD OF APPEALS OF <br /> THE COUNTY OF HAWAII AND VALTA <br /> VS. COOK, IN HIS CAPACITY AS <br /> CHAIRMAN OF THE BOARD OF <br /> BOARD OF APPEALS OF THE COUNTY APPEALS OF THE COUNTY OF <br /> OF HAWAII,VALTA COOK, in his HAWAI`I'S ANSWERING BRIEF <br /> capacity as Chairperson of the BOARD OF <br /> APPEALS OF THE COUNTY OF <br /> HAWAII, and MARLENE E. CALVERT, <br /> Appel lees/Appellant. <br /> APPELLEES BOARD OF APPEALS OF THE COUNTY OF HAWAII AND VALTA COOK <br /> IN HIS CAPACITY AS CHAIRMAN OF THE BOARD OF APPEALS OF THE COUNTY OF <br /> HAWAI`I'S ANSWERING BRIEF <br /> Appellees Board of Appeals of the County of Hawaii and Valta Cook, in his capacity as <br /> Chairperson of the Board of Appeals of the County of Hawaii (hereinafter"Board"), by and <br /> through their undersigned counsel, hereby submits their Answering Brief in accordance with the <br /> briefing schedule established by the Court. <br /> I. STANDARD OF REVIEW <br /> Upon secondary judicial review of an administrative decision, the standard of review is <br /> one in which the Supreme Court applies the standards set forth in Hawaii Revised Statutes <br /> ("HRS") Section 91-14(g) to the agency's decision. HRS Section 91-14(g) sets forth the <br /> standard of review applicable to an agency appeal and provides: <br /> "Upon review of the record the court may affirm the decision of the <br /> agency or remand the case with instructions for further proceedings; <br /> or it may reverse or modify the decision and order if the substantial <br /> rights of the petitioners may have been prejudiced because the <br /> administrative findings, conclusions, decisions, or orders are: <br /> 2 <br />