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MIN CHC 2000-03-08
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MIN CHC 2000-03-08
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2000
Meeting date
3/8/2000
Type
MIN
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this, and I don't know what the latest Opinion is. They may have said something like, in <br />connection with the Wal-Mart re -zoning, we don't have any zoning authority at alt over <br />Hawaiian Homes land. I don't know if I agree with that or not. At any rate, that's not <br />something that can be decided on the level of this Charter. It's a matter of what is the <br />State law regarding zoning, and what is the State law regarding Hawaiian Homes <br />Commission. The Charter does properly say that the Hawaiian Homes lands are within <br />the County, and how that plays out as far as specific questions, and the tough area of <br />zoning is another legal question that really is outside of this particular Charter. My <br />own view on that, by the way, if I were to say something about it, is that the County <br />zoning cannot frustrate the purposes of the Hawaiian Homes Act. 1 don't know if 1 <br />would go so far as to say that the County has absolutely no zoning authority. But, <br />that's it in a nutshell. <br />JIM: I'd like to reply. Can I? <br />RAY: Sure. So, in regard to services, especially public health and <br />safety, that's the response I'm interested in. Are you really suggesting that the County <br />completely divorce itself in terms of public health and safety on Hawaiian Home <br />lands? <br />JIM: <br />through saying. <br />Let me answer that, that public safety, what this gentleman just got <br />RAY: Okay. <br />JIM: I think you have to understand, and with respect to the attorneys, <br />they talk a lot. Put the provisions in front of them because there's a Constitutional <br />provision of Hawaiian Homes. As far as the road maintaining, our position, you're just <br />janitors. You're getting paid for do that, that jurisdiction. And that is on Section 2-20. <br />Look at it. You're janitors. That's all you are. Now as far as the land is concerned, <br />read Heely vs. OHA. It tells you clearly. Mr. Heely, the judge, ruled the State don't own <br />the land of Hawaiian Homes and 5(0 clearly tells that. The Supreme Court just rules <br />really real good, the Cayetano, but they don't. They're stockholders, (Indiscernible) <br />Read it very, very close. That's who we are. <br />HERKES: Are you answering John's question? <br />JIM: That's his answer, and his answer is saying that. you have <br />authority. You don't. But I'm going to tell you we can suggest things. And as far as the <br />public and the services, those are just encroachment of Hawaiian Home Act. <br />HERKES: <br />JIM: <br />Thank you. <br />And number 2, if things will come up with those benefits that can <br />12 <br />
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