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MICHAEL J. MATSUKAWA <br />ATTORNEY AT LAW <br />TERRITORIAL CENTRE, SUITE 201 <br />75-5751 KUAKINI HIGHWAY <br />KAILUA-KONA, HI 96740 <br />TELEPHONE NO. (808) 329-1385 <br />FAX NO. (808) 329-0512 <br />July 2, 2002 <br />Ms. Bobby Jean Leithead-Todd <br />County Council <br />County of Hawaii <br />25 Aupuni Street <br />Hilo, HI 96720 <br />RE: GENERAL PLAN ORDINANCE <br />SITE G-6, HELCO GENERATION STATION SITE <br />Dear Councilmember Leithead-Todd <br />I had earlier written of my clients' concern on the <br />proposal to designate the HELLO generator site as an Urban <br />Expansion area. During the Kailua-Kona meeting, the planning staff <br />stated that the reason for the designation is to conform to a 1994 <br />ruling that the planning director had made that the site fell <br />within the Urban Expansion, not Extensive Agriculture, designation <br />on the LUPAG map. <br />However, in Civil 97-017K, the circuit court found that <br />the HELCO site falls within the Extensive Agriculture designation. <br />HELCO was a party to this action and did not object to the court's <br />finding. For that reason, I believe it improper to assert that the <br />basis for the current proposal to designate the HELCO site as Urban <br />.Expansion is to conform to a prior ruling of the planning c'irestor <br />when a circuit court has already ruled that the HELCO site is in <br />the Extensive Agriculture designation. <br />Thus, the only reason for the current proposal is for the <br />County to endorse its support to rezone the HELLO site in order to <br />allow HELCO to expand its power plant. At this time, whether HELLO <br />can or cannot complete the proposed expansion of its power plant <br />under its so-called default entitlement is still before the state <br />Supreme Court (since 1998) and the Court could rule that HELCO has <br />no such entitlement. <br />I:. <br />File <br />Fief. To: <br />Ref. Date JUL - 2 <br />