HomeMy WebLinkAboutCOM 0089.001 2008-2010To: County Council 1/23/09
Re: Bi1128 Kaloko North Kona
From Mazgaret Wille, Waimea resident: in part support, in part oppose, and comment
2. I want to comment on provision K of this proposed Rezoning Ordinance
relating to fair share assessment.
Provision K provides for the payment of so-called "fair share" development impact fees.
The Third Circuit Court found that fair share exaction fee system to be illegal as
inconsistent with the State's impact fee law. See Third Circuit Court Decision of
September 2007 County of Hawaii v C&J Limited Partnership explicitly states this as a
conclusion of law. (see poster displaying this conclusion of law).
This Council is putting us taxpayers at risk by failing to bring this development fee
program into alignment with the State's Impact Fee Law.
Comm: No. V /~~
Ref. To: . rase '~~/
Ref. oafe z s zaag