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<br />DANCEL: Good morning. Thank you for giving us the time to say our peace. <br /> <br />HEAUKULANI: Good morning— <br /> <br />DANCEL: —And we humbly do thank you folks— <br /> <br />HEAUKULANI: —Could you please raise your right hands? <br /> <br />DANCEL: My name is Jon Dancel— <br /> <br />HEAUKULANI: —Could you please raise your right hand? Do you swear or affirm to tell the <br />truth on this matter now before the Planning Commission? <br /> <br />DANCEL: Yes, and under God. <br /> <br />HEAUKULANI: Thank you. Sir, could you please state your name, and tell us where you’re <br />from. <br /> <br />DANCEL: My name is Jon Dancel, and we have the home right on Lurline and Kailua right <br />across the quarry right there. <br /> <br />HEAUKULANI: Ma’am, could you please state your name for the record for us, please? <br /> <br />SHELDON: Debbie Sheldon— <br /> <br />HEAUKULANI: —Please use your microphone. <br /> <br />SHELDON: Hello, my name is Debbie Sheldon. I am an owner up there in Ocean View Estates. <br />My home sits across the street from the quarry. <br /> <br />HEAUKULANI: Okay, very well, thank you, ma’am. Welcome. Sir, you’ve got three minutes. <br />Tell us what’s on your mind. <br /> <br />DANCEL: Yes, thank you. I just—I’ve done and researched through the Black’s Law <br />th <br />Dictionary, 4 Edition, through estoppel. A bar that prevents one from asserting a claim or <br />rights that contracts—contradicts what one has said or done before or what has been legally <br />established as true. A bar that prevents the \[inaudible\] of issues and affirmations defense <br />alleging good faith, reliance on a misleading representations and injury or detrimental change in <br />positions resulting from that reliance. <br /> <br />Estoppel by misrepresentation. An estoppel that arises when one makes a false statement that <br />induces another person to believe something that, and that results in that person’s reasonable <br />detrimental reliance on that beliefs and estoppel arising when negligence \[inaudible\] induces <br /> <br />18 <br />EXHIBIT D <br /> <br /> <br />