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Ms. Kahakalau: Okay so...thank you so we can discuss... <br />Mr. Adams: <br />I'm concerned about this that we would be used in this way as...I <br />mean I read the letter you know from HFFA and that's all well and <br />good...and then I went and looked at oh by the way the Maui rules <br />as well which do specify that their...their rules have language in <br />there that talks about ligation...whether it's litigation that <br />is....ongoing...they think is going to happen or has happened. I <br />mean it's a really broad discussion of litigation and when they <br />would decide to step away from handling something. That's not <br />our rules....our rules do give us the opportunity to decide not to <br />issue an opinion for good cause and that's pretty much where that <br />goes to...has nothing to say about you know whether it's litigation <br />or anything. I am...I'm concerned that...that petitioner...so I was <br />prepared to have this kind of conversation with whoever came <br />from HFFA about that. So then the second piece of this though <br />is...I feel like we've been used to some degree by petitioner and <br />that...as a negotiating tool kind of idea. I stand by the analysis <br />here and we made this decision last meeting when it was not moot. <br />This is an acceptance of an opinion that has to do with the decision <br />that was made last meeting. <br />Mr. Goodenow: Right. <br />Mr. Adams: <br />Mr. Goodenow: <br />So I'm inclined to say thank you very much for your phone call but <br />the withdrawal of the petition request is not something that <br />I'm...unless I hear something else then I'd be more than happy to <br />hear something else because I'm not trying to get into a tussle with <br />Corporation Counsel here but...it would be...I'm not excited about <br />saying everything's all good and tossing this out. <br />Thank you Chair. You know too bad Nancy Cook -Lauer left...that <br />would've been a great quote. Just to kind of lay it out here as far <br />as our options...right...we had a vote so basically we would have <br />to move to reconsider that vote and then at that point vote down <br />that and I guess have a vote to dismiss it so we would have kind of <br />these procedural steps that we would have to take...is that correct? <br />Mr. Yoshimoto: That's correct. <br />Mr. Adams: And to be honest with you...I'm not sure I'd be comfortable in <br />doing that without the petitioner present. <br />5 <br />