HomeMy WebLinkAboutCOM 0648.024 1996-1998 JNir-Oi „1~ .
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Stephen K. Yamashiro Richard Wurdeman
Mayor Gnpurntion Cnunsrl
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OFFICE OF THE CORPORATION COUNSEL
IOI Aupuni Street, Sui[e J25 • Milo, Ilawai'i 96720-4262 • (80A) 96I-A 251 • I°ax (BOA) 96 L8622
31 March 1998 ~ ~
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County Camcil_'-"""
TO: HONORABLE AL SMITH
Vice Chair, Hawaii County Council
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FROM: RICHARD D. WURDEMAN~//
Corporation Counsel
SUBJECT: BILL_186, DRAFT 4 TO REZONE _PROPERTY OF APPLICANT
KAMEHAMEHA INVEST_ME_NT CORPORATION IN KEAUHOU-KONA, T_MK:
7--8-10: PORTION OF 2
This is in response to your questions regarding the above-noted
bill. There has been a proposed amendment to the bill which
would state that any "fair share" contributions paid by the
applicants shall be ..."expended within the region impacted by
the proposed development, subject to the approval of the
director. It is entirely within the authority of the Council to
make such a determination, so long as it has factual basis. You
have verbally expressed concerns about the use of the term
"region" in the ordinance, and inquired about its meaning. Our
response is that "region" is vague and not well defined, and
should be replaced with something more definite.
There is no standard legal definition of "region", nor is it
defined in the Hawaii County Code. In case law, there are
decisions interpretiny and defining "region", but it is in the
context of the use of the word in the statute.
Hawaii County Code merely states that all words and phrases
shall be construed and understood according to the common and
approved usage of the language. Hawaii County Code §1-2(a)(1).
Dictionary definitions of "region" usually tend towards words
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+'~fonorable Al Smith
31 March 1998
Page #
like "area" or other such boundaryless terms. It would be
preferable for the proposed language of the amendment to state
what is meant by the "region impacted" by the development and
put in the bill. For example, the area could be described by
judicial district (South Kona) or by Ahupua'a (eg: Kainaliu to
Ka'awaloa, inclusive).
Please contact this office if there are any questions.
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