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County of Hawai`i <br /> Planning Department <br /> September 28,2016 <br /> Page 2 <br /> Indeed,the Hawai`i Intermediate Court of Appeals has acknowledged that in some instances, <br /> land use regulations can go"too far"and thus reduce the use of property to such an extent that it <br /> constitutes a"regulatory taking"requiring just compensation under the Fifth Amendment. <br /> Leone v. County of Maui, 128 Hawai'i 183, 190,284 P.3d 956, 963 (Ct.App. 2012) (citing <br /> Pennsylvania Coal Co. v. Mahon,260 U.S. 393,43 S.Ct. 158, 67 L.Ed. 322 (1922)). On behalf <br /> of our client,we urge the Steering Committee not recommend our client's parcels be designated <br /> as Open in the draft Community Development Plan recommendation. <br /> We further request that Brad Kurokawa withdraw from further discussion and voting on the <br /> matter,as we understand he likely has a conflict of interest as a potential architect for the <br /> proposed Hakalau Point Memorial Park, a park the parcels have theoretically been slated for <br /> despite being privately owned. See Hamakua Community Development Plan, Steering <br /> Committee Review of Community Input PowerPoint, Steering Committee Meeting#27 at Slide <br /> 5"Reminder of Conflict of Interest"(Sept. 10,2016). <br /> Very truly yours, <br /> SULLIVAN MEHEULA LEE, LLLP <br /> Terrence M. Lee <br /> Dorothy P.H. Meisner <br /> SULLIVAN I MEHEULA I LEE <br /> A LIMITED LIABILITY LAW PARIHEIISIIIP <br /> Topa Financial Center•Fort Street Tower•745 Fort Street.Suite 800• Honolulu,Hawai'i 96813 <br /> Phone:808.599.9555• Fax:808.533.2467•www.SMLhawaii.com <br />