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Appeals. The Board of Appeals has either sustained the decision, most—most cases it’s <br />sustained the decision. Then, the Board of Appeals decision has been further appealed to the <br />courts, and the courts have reversed you see, so that’s why as a compromise position in working <br />with several of the Council people that wanted to see more transparency in the process, you <br />know, that is why we’re, we’re supporting this, this amendment to move it up to the Planning <br />Commission. It provides the kind of opportunities for public input, you know, that you folks had <br />this morning. It puts more work on your agenda, but what it does, is it, it hopefully provides a <br />better forum for decision-making and hopefully, you know, less appeals, once the process <br />become more transparent, is basically what it attempts to do. Thank you. <br /> <br />MIYASATO: Commissioners— <br /> <br />ONO: Yeah— <br /> <br />MIYASATO: --Commissioner Ono— <br /> <br />ONO: --further question, Duane. On the same issue regarding the deemed approved on this <br />written, etc., etc., if this, if this recommendation doesn’t go through, does that mean that you also <br />must changed yours as approved? <br /> <br />KANUHA: (Nodding affirmatively.) <br /> <br />ONO: Okay, that’s question number one. <br /> <br />KANUHA: Yes, our rules that, that reflect whatever the, the statute or the County Code <br />shows— <br /> <br />ONO: --Okay— <br /> <br />KANUHA: -- they all have to be approved to be in compliance. <br /> <br />ONO: The other that I have a concern, concern about is the appeal, the last bar. How is it that it <br />goes directly to court? <br /> <br />KANUHA: All of the decisions of the Planning Commission go to court— <br /> <br />ONO: Oh, I thought it goes to the Board of Appeals or the Council— <br /> <br />KANUHA: Only the administrative, the administrative components go to the Board of Appeals. <br /> <br />ONO: So, these individuals that face us, if, if they don’t agree with the—I always felt that this <br />was a recommendation to the Council that we, that they decide this, you know, the way we, we <br />rule. So there was an appeal process with the Council. <br /> <br />KANUHA: It depends on what you’re talking about. If you’re speaking about the example we <br />had this morning, which is an SMA permit— <br />6 <br />EXHIBIT C <br /> <br /> <br />