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they can strip it down to what they want it to be, meaning if you have anything in place, lawyers can <br />strip that thing apart to make it for a personal gain. That’s what I’m saying. Because if we don’t <br />have something in place in writing, stating the reason, what we discuss with you here, that will <br />support anything that the County has in place for the future, that would be something good that we <br />can work with. But if we don’t have anything in place, it can be stripped apart. That’s all I have. <br />Thank you. <br /> <br />TANAKA: I’m sorry, Commissioner, we have the owner here, if he has any comments with <br />regards to potential lawsuits, but at this time it was our understanding, I’m not a lawyer, please <br />forgive me but I feel like I’m educated, younger generation, and Corporation Counsel did say that <br />even if something were to be written down, that the County would not be liable whether it will strip <br />down or not, I mean, the basis of any case would be dismissed. And that is our understanding from <br />the County’s Corporation Counsel. But if you would like to hear anything for reaffirmation in <br />writing from the owner, we can do that as well. But at this point we don’t feel that the County <br />would be liable in any case. <br /> <br />HICKCOX: Mr. Chair? <br /> <br />WHITTEMORE: I’ve got a question. I just, just of clarity, on the particular subdivision, I noticed <br />that there was one picture that was presented, an aerial, it showed other properties, not contiguous <br />but other adjoining properties nearby that did have pools, and my recollection in going along the <br />coastline there they have, those particular pools have the benefit of having a significant rock wall <br />buffering them between the rocks below and where their pool is, there is an elevation, is that <br />correct, on the other properties? <br /> <br />TANAKA: There are pools with the condition, yes. There are other pools along the shoreline that <br />do not have the condition. So it is in both situations. <br /> <br />WHITTEMORE: Okay. <br /> <br />TANAKA: We do have photos of pools that have that and don’t have that for your record, if you’d <br />like to see them. <br /> <br />WHITTEMORE: So the, my other question that I want to clarify, and perhaps the Robinsons could <br />answer this, historically, it seems strange that the wall is so low at that point when it’s significantly <br />higher on all the other points, was there a drop between the wall and the rocks below previously? <br />Or was it always at the ground level? <br /> <br />TANAKA: I believe the wall was always two feet high in front of the Robinson’s property. <br /> <br />WHITTEMORE: It was always two feet high. <br /> <br />TANAKA: Right. <br /> <br />WHITTEMORE: I’m talking about the makai side of the wall. <br /> <br />TANAKA: Yes, it was always that high. <br /> <br />8 <br />EXHIBIT A <br /> <br />