HomeMy WebLinkAboutCOM 0348.011 2002-2004
TSUkaZakl Yell & MOOCe R. BEN TSUKAZAKI
ATTORNEYS AT LAW rbt@lava.net
A Limi[ed Liability Law Company , _TkiOMAS L.H. YEH
tly@lava.net
85 W. Lanikaula Street Hilo, Hawaii 96720-4199 L-~ ` MICHAEL W. MOORE
Telephone: (808) 961-0055 FAX (808) 969-1531 ~ q [mmoore@lava.net
' 03 NOU 12 P~1 J J
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November 7, 2003
The Honorable Harry Kim
The Honorable James Y. Arakaki
Members of the Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Waters of Life Charter School
Dear Mayor Kim, Chairman Arakaki and Members of the County Council:
This is in relation to Lincoln Ashida's November 5, 2003 letter to you concerning
the above. We have since learned that the County's Department of Public Works and the
Planning Department have now taken the position that despite the Corporation Counsel's
opinion that a use permit is required for the proposed school operation, and a more recent
opinion from the Attorney General that a special permit is required for the proposed use
on lands classified for agriculture, the Department of Public Works intends to issue a
building permit or occupancy permit fora "temporary structure" consisting of tent like
facilities that will allow the Waters of Life school to conduct classes and operate the
school on the property in the absence of a special permit or use permit.
On behalf of the Ala Loop Community Association, we must strongly object to
this course of conduct. Rather than follow the law as it is required to do, and have the
Court make the appropriate determination, as had been promised to the public and the
Council during its last meeting on the subject, the Planning Department and now the
Department of Public Works are intending to intentionally violate clear and unambiguous
law intended to protect the public.
The County should inform the Waters of Life school that it must cease activities
on the property until a judicial determination is being made in its favor and not encourage
the illegal use of the site for a school in the absence of a permit. Issuing such a
occupancy permit will subject the residents of the community to an unregulated and
unlawful activity, and deprive the public and the residents of the community of the due
Comm. No.
Ref. To:
f rata
Mayor Harry Kim
November 7, 2003
Page 2
process they would be entitled to participate in were the special permit process required
before any school operations commence.
Regardless of whether the County administration believes in the concept of charter
schools, its support of such schools should not be at the expense of violating the laws it is
mandated to carry out, and ignoring the rights of the residents of the surrounding
community.
We respectfully ask the County to review and reconsider taking these actions
pending a court determination on the issue of whether the Waters of Life school must
first obtain a special permit or use permit before operating a school on the premises.
Very truly yours,
TSUKAZAK~I
YEH& MOORE
By
THOMAS L.H. YEH
cc: Lincoln Ashida, Corporation Counsel
The Honorable Sandra Song
fc: Ala Loop Community Association
TLHY~nI