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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT <br /> STATE OF HAWAI'I <br /> AINALOA DEVELOPMENT CIVIL NO. 04-1-0421 <br /> CORPORATION, (Agency Appeal) <br /> Appellant, APPELLEE COUNTY OF HAWAI'I PLANNING <br /> COMMISSION'S ANSWERING BRIEF; <br /> vs. APPENDICES "1" —"3"; CERTIFICATE OF <br /> SERVICE <br /> COUNTY OF HAWAI'I PLANNING <br /> COMMISSION; CHRISTOPHER YUEN, <br /> Planning Director, County of Hawai'i, and <br /> OLE FULKS, <br /> Appellees. <br /> APPELLEE COUNTY OF HAWAI'I PLANNING COMMISSION'S <br /> ANSWERING BRIEF <br /> Comes now Appellee COUNTY OF HAWAII PLANNING COMMISSION <br /> (hereinafter, "the Planning Commission"), through its undersigned counsel, and for an <br /> Answering Brief states as follows: <br /> L STATEMENT OF THE CASE <br /> The Planning Commission would supplement Appellant Ainaloa Development <br /> Corporation's ("ADC") Statement of the Case by adding the following: <br /> ADC is currently asking for relief from Condition No. 7 for three reasons: First, ADC <br /> claims it is unable, financially, to comply. Second, the ADC claims that the condition of Ainaloa <br /> Boulevard is safer today. Third, that Condition No. 7 is not reasonable in terms of fair share. <br /> Contested Case Transcript("CCTr"), Testimony of Sidney Fuke, Record on Appeal, Folder E, <br /> ("ROA-E"), pp. 133-134. <br />