2012-12-06 Windward Transcript Connections

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us, except everybody would have to write legal briefs on the issue. So I think it’s, the wiser course of action is to grant the continuance and allow the AG. Cause we don’t know what the AG is going to say, but we should have that opportunity to hear from them and give the applicant that benefit. ONO: I also have one more question -. AU: Go ahead, Commissioner Ono. ONO: Cause it’s bothering me. Whatever the decision of this Commission is, let’s say for the Charter or recommend that we do not, the very position of the Attorney General representing the Charter School, does that mean that he would have to side with the Charter School at the next level? LEITHEAD TODD: Well, if he is representing the Charter School, he is taking their side because he is advocating for them. He is their attorney. ONO: Oh, that’s right. LEITHEAD TODD: You don’t have a client and advocate against your client. But you have to understand this is, we have a situation here where the State Land Board has already approved the lease. So you have the State having taken that position. The State Office of Planning has already submitted testimony supporting this saying that this is consistent with special use permits and that they support this application. So now you just have one more State agency, which in this case is the AG’s office, coming in. But the way that the special use permit process works is that the, if the County Planning Commission recommends approval, it then goes to the State Land Use Commission, because this is more than 15 acres of land. The State Land Use Commission is the body that then determines whether the special use permit is granted or not. However, if the Windward Planning Commission says that they want to deny the application, then the application dies. Because under the process set up under State Law, you have to have a favorable recommendation from the local planning commission, which would be this one, before it can proceed to the State Land Use Commission. ONO: That’s where I have a question. Assuming that we deny, the representative of the AG’s office would appeal? LEITHEAD TODD: They would then represent Connections in appeal to Circuit Court. ONO: Okay, thank you. LEITHEAD TODD: And then Mr. Kanakaole would represent the Commission; and I guess Mr. Brilhante, not the property owner, or possibly Ms. Self would represent the Planning Department and the Planning Director. ONO: Thank you. That’s it. Thank you. AU: Okay, any more questions for staff? GONZALES: I -. 24 EXHIBIT D