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ROUP <br /> REAL ESTATE INVESTb1ENT CAPITAL <br /> <br /> August 20, 2007 <br /> Council Chair Peter Hoffman <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, HI 96720 <br /> RE: Bill 112 <br /> Dear Chairman Hoffman: <br /> We are writing to you as a landowner of several properties in North Kona regarding our <br /> concerns with Bill 112. WE RESPECTFULLY OBJECT TO BILL 112, AND <br /> REQUEST THAT THE COUNCIL VOTE AGAINST PASSING BILL 112. While The <br /> Council should be commended for your efforts to address a serious social issue such as <br /> affordable housing, the proposed Bill is unconstitutional, and may actually pose a threat <br /> to the integrity of the County's current policies on affordable housing. <br /> Our objection to Bill 112 is based on the following: <br /> 1. There is no clear or rational nexus for imposing affordable housing exactions on <br /> properties with zoning without specific affordable housing requirements. <br /> 2. Property owners with existing zoning that have obtained discretionary permits <br /> have vested property rights. Imposing affordable housing requirements to <br /> appropriately-zoned projects that are already underway is illegal under the U.S. <br /> Constitution's Fifth Amendment as interpreted by the U.S. Supreme Court. <br /> We appreciate the opportunity to comment on Bill 112, and appreciate your consideration <br /> of our comments. <br /> Respectfully, <br /> ~j_..., <br /> Brian G. Rupp <br /> The Shopoff Group [[jj~~ <br /> Comm. No., T~~• ~Jr <br /> Ref. Toti~~ ~ <br /> REf. )ate 2 <br /> rrww.711Wwpoflgeoup.cam I Tel:9a9-417-13961 Fva:9~9-~17-13991 info®7heshppoffgmup.mm 16951 Research Drive, Irvine, h6fani692676 <br /> <br />