HomeMy WebLinkAboutCOM 0042.095 2004-2006 01/20/2005 15:12 FAX 3102761590 1'FIREB D 002
3D IN'JESTMENTS LLC
433 North Camden Drive, Suite 900~.~i;a ~f~;d ~ i 'I'~ ' ?
Beverly Hills, CA 90210
Telephone: 310-276-1290
Facsir~ile:310-276-1590 r'Cil
January 20, 2005
County Council
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
Re: Legal Objection to the adoption of LUPAG Amendments I-3, I-4 and I-5; Bill 163 for an
Ordinance Adopting the County of Hawaii General Plan and Repealing Ordinance No.
89-142; TMK No. 9-2-1:72 anti 75; Consisting of 16,456.547 acres and 3,127.950 acres
in Kahuku, District of Kau, Island, County and State of Hawaii
Dear Chairman Safarik and Members of the County Council:
This is to supplement our e~irlier written testimony to the County Council Planning
Committee, objecting to the above-referenced amendments that would delete current land use
designations for the property that is ncrw owned by our family's company.
We are the owners of the ab~we-referenced property. Over the past year, our family-
owned company, 3D Investments, thr~~ugh its local subsidiaries, acquired these lands along the
coastline near Pohue Bay because we believe that the property has the potential to provide a
unique visitor experience in low impact and culturally sensitive retreat resort. It is further our
intent to incorporate coastal preservation, recreational and employment opportunities for the
people of this community in our development.
Subsequent to the date of our earlier letter to the County Council Planning Committee,
we have received information indicatirg that the deletion of the current land use designations for
the properly from the General Plan, which has been described as a regulatory document, would
constitute an unconstitutional taking of property. This supports our previous testimony as to the
investment expenditures in reliance cn the existing designations by our family, as well as our
predecessors in interest.
We request that you seriously take this issue into account prior to any deliberation on Bill
No. 163, as we offer it as another ground of our objections to proposed amendments I-3, Imo,
and I-5.
Sincerely,
i
Joseph Daneshgar
cc: Mr. Peter Hoffman, Co-chairperson Comm. No.~ya•-I-S--r~
Mr. Angel Pilago, Co-chairperson Ref. Toe~aw^CArwwul
Mr. Chris Yuen, Planning Director Ref. L'ate~(y
JRN-20-2005 12:09PM From: 3102761590 ID:TYM Paee:002 R=95%