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Menezes Tsukazaki Yeh & Moore <br />ATTORNEYS AT LAW <br />100 Pauahi Street Suite 204 Hilo, Hawaii 96720 <br />Telephone: (808) 961 -0055 FAX (808) 969 -1531 <br />STEPHEN J. MENEZES <br />R. BEN TSUKAZAKI <br />THOMAS L.H. YEH <br />MICHAEL W. MOORE <br />December 22, 1998 <br />James Y. Arakaki, Chairman <br />Hawaii County Council <br />25 Aupuni Street <br />Hilo, Hawaii 96720 <br />Re: Bill 332 (Draft 3)/Kaupulehu Developments <br />Dear Chairman Arakaki: <br />RECEIVED <br />fie,.— <br />Y• - r; -- <br />,�ty may ✓ <br />�. <br />In light of the filing yesterday by the Third Circuit Court of the Findings of Fact, <br />Conclusions of Law and Order in Civil No. 97 -028K, this is to inform you that the <br />applicant in the above - entitled matter, Kaupulehu Developments, would not object to a <br />deferral of the subject bill until such time as the County Council deems appropriate. <br />Although Kaupulehu Developments is greatly disappointed by the cloud which has <br />been cast over the Zoning Code by the Court's decision, it is hopeful that the County <br />Council will take the necessary steps to cure the procedural defect which the Court found <br />to have occurred in the County Council's adoption of the Zoning Code in 1996. Without <br />such remedial action, Kaupulehu Developments would not be able to proceed with its <br />project without suffering substantial delay and expense. <br />Please notify me when the County Council will again consider the subject bill. <br />Very truly yours, <br />MENEZES TSUKAZAKI YEH & MOORE <br />RBT:sr <br />xc: Kaupulehu Developments <br />Belt Collins Hawaii <br />Planning Department <br />G <br />99.01 <br />00mm. No. <br />File Ne. <br />Bei. Tw <br />Presel�f" <br />QM 2 3 1998 <br />