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<br /> <br />AU: I have a quick question. <br /> <br />MORRIS: Yes. <br /> <br />AU: So you said a petition for standing is, that’s the one you’re talking about, the one that we <br />th <br />just received on March 4, we received it on March 7? Is that the one you’re referring to by a <br />Jonelle Fukushima? <br /> <br />th <br />MORRIS: I think the date stamped there is March 4. I think the understanding with respect to <br />th <br />that was, the understanding there was the, as long as it was postmarked by February 28 that <br />would be sufficient. I can’t speak to where that understanding came from, but that was the <br />understanding. <br /> <br />AU: Do you know this Jonelle Fukushima? Is she here? <br /> <br />MORRIS: Yes. <br /> <br />AU: Okay, thank you. You want to add to that? <br /> <br />MORRIS: If I could add to that. The school and CBESS, again, in an abundance of caution, just <br />to preserve their contested case rights, they have filled out a petition for standing in a contested <br />case. I don’t believe that’s necessary, because as the applicant they have perfect standing to <br />request a contested case. But if that’s what the Commission wants to solidify the record, they are <br />prepared to submit that. However, I would ask that the $200 filing fee be waived. But, so, <br />again, in an abundance of caution that petition for standing was submitted. We also have other <br />petitions for standing ready to submit. Again, I don’t feel it’s necessary, but to preserve, to <br />preserve the due process and contested case rights. <br /> <br />TORIGOE: Mr. Chairman? <br /> <br />AU: Ivan. <br /> <br />TORIGOE: Yeah. Can I address just real quick – Rule 4-6 of the Planning Commission rules, it <br />says, “In all proceedings where the Commission's action is directly appealable to Circuit Court,” <br />which would include if there’s a denial, the applicant here, and then, “the applicant and the <br />Planning Director will be designated parties to the action.” So I would agree that the applicant is <br />basically an automatic contested case party here and does not need to file any request for a <br />contested case standing. <br /> <br />AU: Mr. Hong? <br /> <br />HONG: Thank you, Mr. Chairman. Good morning, again. We are here this morning because of <br />a procedural error. And that error has risen to a level where now it affects my client’s <br />constitutional due process rights. And the error was that because we and the Planning <br />Department agreed that if there was going to be a contested case, and we’ve said it too on <br />numerous occasions in these proceedings, the contested was going to occur at the State level. It <br />6 <br /> <br /> <br />