HomeMy WebLinkAboutCOM 0846.001 2002-2004
LENINGRAD ELARIONOFF PHONE: 961-8265
Councilmember FAX: 961-8912
OFFICE OF THE COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
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November 8, 2004
3
MEMORANDUM
TO: James Y. Argkaki, C air, d Council Members
FROM: lari f,
ounci Member
SUBJECT: Resolution No. 269-04, Draft 2
For your consideration, attached please find a copy of Resolution No. 269-04, Draft 2, reflecting
several revisions and edits verbally suggested by the Office of Corporation Counsel.
Because Corporation Counsel is the County's legal representative in Walter John Kellr, et. al. vs.
1250 Oceanside Partners et. al., and will be submitting a request for expeditious treatment of the
appeal on this matter, any resolution adopted by the Council should be transmitted as an exhibit to
the Corporation Counsel submittal to the Hawaii Supreme Court. Accordingly, the title of
Resolution No. 269-04 and its first "Be It Resolved" clause have been changed to reflect that
submission protocol to the Court. Additionally, the Office of the Corporation proposed several
editorial changes shown below. Corporation Counsel also affirmed that the County Council may
make its own statement regarding expedited hearing of the appeal.
Specific language amended in Draft 2 of Resolution No. 260-04, with deleted material bracketed and
new material underlined, is detailed below.
I . The resolution title is amended to read:
"A RESOLUTION REQUESTING THE OFFICE OF THE CORPORATION COUNSEL,
COUNTY OF HAWAII, TO SEEK EXPEDITED BRIEFING AND DECISION BY THE
SUPREME COURT OF THE STATE OF HAWAII [TO RENDER AN EXPEDITED
DECISION[ IN THE APPEAL OF CIVIL CASE NO. 00-1-0192K WALTER JOHN
KELL Y ET. AL. IBS. 1250 OCEANSIDE PARTNERS ET. AL. "
2. In the final paragraph on page 2, the following sentence is deleted.
Such explicit actions were undertaken in reliance upon the Development
Agreement that the project's entitlements were secure.[
DISTRICT 9 $ b
Waimea, Kohala, Kawaihae, Waikoloa, Puako Comm. No.
Ref. To:fIuse~a~J
Hawaii County is an Equal Opportunity Provider and Employer Ref. Uate
~nn Kx-v (e~ 0'a i IQ's.
3. The first sentence in the fourth paragraph in page 3 is amended to read:
"Now, in the wake of the Third Circuit Court's decision and the failed mediation facilitated
by retired judge Patrick Yim, the County of Hawaii finds itself [subject to[ threatened by
potential lawsuits from Hokuli'a lot owners."
4. Concern 43 and the ensuing sentence in boldface type on page 3 is replaced as follows:
"[The definition and future of agriculture in Hawaii should not proceed from judicial
social engineering.[ The level of agricultural use in agricultural subdivisions should be
defined by the state legislature and/or the county councils."
5. The final sentence of the third paragraph on page 4 is amended to read:
"We see no public purpose served by subjecting our residents to the anxiety and unfair
exercise of meeting a retroactive, court-imposed standard of agricultural ["validity"]
viability."
6. The "Now, Therefore, Be It Resolved" clause on page 5 is amended to read:
"NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Council respectfully requests the Office of the Corporation Counsel
to seek expedited briefing and decision by the Supreme Court of the State of Hawaii [to take
up[ in the appeal [filed in[ of the civil case of Walter John Kelly et, al. vs. 1250 Oceanside
Partners et. al., (Civil No. 00-1-0192K) [on an expedited basis and render a timely decision
in the public interest[."
7. Finally, the "Be It Further Resolved" clause on page 5 is amended to read:
"BE IT FURTHER RESOLVED that the Clerk of the Council of the County of Hawaii is
instructed to distribute copies of this resolution to [the Honorable Ronald T. Y. Moon, Chief
Justice, Supreme Court of the State of Hawaii; the Honorable Ronald Ibarra, Third Circuit
Court;[ Mayor Harry Kim; Lincoln Ashida, Corporation Counsel; Christopher Yuen,
Planning Director; Bruce McClure, Chief Engineer, Department of Public Works; Walter
John Kelly; Protect Keopuka `Ohana; 1250 Oceanside Partners; Chiyome L. Fukino, M.D.,
Director, Department of Health; and Peter T. Young, Director, Department of Land and
Natural Resources.
Thank you for your thoughtful consideration of this resolution, as amended to Draft 2.
LE/rf
Attachment