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. County of Hawaii <br />Planning Department <br />September 28, 2016 <br />Page 2 <br />Indeed, the Hawaii 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 IMEHEULAILEE <br />A HHOED unmury LAY. PgInHLrSIff <br />Topa Financial Center • Fort Street Tower • 745 Fort Street, Suite 800 • Honolulu, Hawaii 96813 <br />Phone: 808.599.9555 • Fax: 808.533.2467 • www.SMLhawaii.com <br />