HomeMy WebLinkAboutCOM 0526.016 2010-2012 Kenneth G. Goodenow - •
Attorney at Law
C .
157 Kualua Place
Hilo, Hawaii 96720 o,
(808) 933-2423 11,7 " ; Q :Q
July 25, 2012
Dominic Yagong, Chairperson
and Members
The Hawai`i County Council
The County Building
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Bill 168 Proposed Change of Zone
July 31, 2012 Planning Committee Meeting
Donny Souza and Melissa Mulliken Applicants
Dear Chair Yagong and Members:
Approval or disapproval of Bill 168 is solely contingent on whether the requirements of
Hawaii County Code Section 25-2-40 have been met. Unfortunately,when this matter was last
before the Planning Committee,much of the discussion centered on the mediation that took place
between the applicants and my client, Susan Langer.
For the record, I would like it clear that the applicants and attorney Diana Van De Car
were informed by letter prior to mediation that a negotiated agreement was unlikely. A copy of
this letter is attached as Exhibit 1.
Ms. Langer's primary opposition to Bill 168 has always been that she strongly believes
such a rezoning would violate the county charter and code. In hindsight, I believe my advice that
she participate in the mediation suggested during an earlier Planning Committee meeting was
wrong. Quite frankly, any agreement between Ms. Langer and the applicants would be
completely irrelevant to the question before you, i.e., does this proposed rezoning comply with
the county charter, code and general plan.
Yours very truly,
KENNETH G. GOODENOW
Attorney for Susan Langer
Attachment: February 2, 2012 Letter S 2-(0+l
Comm. No�
Ref.To: Gr,
Ref. Date JUL ZO1Z
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE �1r '
P.O.Box 686 HD 47.4 P ENO.,
HILO,HAWAII 96721-0686 Iii$*:X12 12 �f�1
TELEPHONE 808.935.6644 FAX 808.935.7975
W W W.CARLSMITH.COM
KGOODENOW@CARLSMITH.COM OUR REFERENCE NO.:
065162-1
February 2, 2012
Donny Souza
Melissa Mulliken
P.O. Box 11289
Hilo, Hawaii 96721
Re: Proposed Mediation regarding Bill 168 -Change of Zone from RS-10 to C
Dear Mr. Souza and Ms. Mulliken:
At the Planning Committee meeting held on January 19, 2012, Mr. Souza made several
statements in regards to Bill 168 regarding Xtreme Auto Works and his business plans. My
research in regards to Mr. Souza's business directly contradicts some of those statements. I
therefore sent the enclosed letter to all Council members.
After the Planning Committee meeting, I further discussed the possibility of mediation
with you, Charles Umemoto and Diane Van De Car. Ms. Van De Car asked whether I honestly
thought mediation might lead to some agreement whereby Ms. Langer would cease to oppose
Bill 168.
I subsequently discussed Mr. Souza's testimony to the Planning Committee with my
client. Based on what appears to be misleading statements by Mr. Souza and your submissions
to the Planning Department and County Council to date, I questioned whether mediation was still
a viable option. Based on that discussion, it is my opinion that mediating a mutual agreement
which would allow Mr. Souza to obtain his requested rezoning is very unlikely.
Of course, there are other advantages to mediation and my client does not object to
participating in such mediation, especially as she desires to have good relations with all of her
neighbors. Given Mr. Souza's comments about the cost of mediation, however, I felt it only fair
to dispel any unrealistic expectations you may have regarding Ms. Langer's opposition to your
rezoning.
I am also sending a copy of this letter to Mr. Umemoto and Ms. Van De Car. If you still
wish to participate in mediation, please contact me by February 10, 2012. If I do not hear from
EXHIBIT 1
HONOLULU • HILO • KONA • MAUI • GUAM SAIPAN • LOS ANGELES
Council Member Donald Ikeda
February 2, 2012
Page 2
you by that date, I will inform Planning Committee Chair Pete Hoffmann that we wish Bill 168
to be placed on the next Planning Committee agenda.
�Sincerely,
Kenneth G. Goodenow
cc: Charles Umemoto
Diane Van De Car
Susan Langer
KGG/11h
4851-1633-1022.1