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<br /> r ~qJ"~~k <br /> J. CURTiS TYLER, iii 1`.•'~~', ~y6~~L Bus: (808) 327-3666 <br /> Tice C;huir :~I Fax: (808) 326-5697 <br /> Diatrici 8 /Ai~rth Konul ~ , ~ ctyler.c interpac.net <br /> •~qTE •g ~KF~/ <br /> IIAWAI`1 C'(.I-I<~;~TY COUNCIL <br /> May 18, 2001 <br /> TO: Corporation Counsel Lincoln Ashida _ <br /> r, ~ i <br /> FROM: J. Curtis Tyler, III ; <br /> Council Member ' ~ ' ~ <br /> t <br /> RE: Resolution No. 81-O1 <br /> Closure of Lihiwai Street <br /> The County Council will be considering the attached Resolution No. 81-01, which requests the Director of <br /> Parks and Recreation to open Lihiwai Street in Lili`uokalani Gardens to vehicular access during specified <br /> times and days. <br /> This is to request an opinion on the following questions: <br /> 1. Does the adoption of Resolution No. 81-01 violate the Settlement Agreement and Release <br /> and Order filed in Alexa Russell and John Hartman, et al. vs. County of Hawaii, USDA <br /> Civil No. 97-01102SPK, the County's Self-Evaluation and Transition Plan adopted by <br /> Resolution No. 96-99, or any federal disability laws? <br /> 2. Section 264-1(d), I-Iawaii Revised Statutes, says that all county public highways and trails <br /> once established shall continue until vacated, closed, abandoned, or discontinued by a <br /> resolution of the legislative body of the county wherein the county highway or trail lies. In <br /> the case of Lihiwai Street, there is a difference of opinion on the official status of Lihiwai <br /> Street as an internal driveway or a `public highway'. Does the County Council or the <br /> Department of Parks and Recreation have jurisdiction over Lihiwai Street? <br /> Thank you in advance for your expeditious reply before the Council's meeting on June 6, 2001. <br /> Att. <br /> cc: Assistant Corporation Counsel Gerald Takase » Na I ~ ' <br /> . <br /> Deputy Corporation Counsel Joe Kamelamela file No.. <br /> Council Chair James Arakaki <br /> Council Member Dominic Yagong ~ ~0~ <br /> Kona CouncilUftice:77-6 +99NalaniStrcet • quite IUa • Kailua-Kona • Hawaii • 96740-8980 <br /> <br />