HomeMy WebLinkAboutHCDP Testimony 05.03.2018 Sullivan.Meheula.LeeJLLIVAN I MEH EULA 1 LiE
A LIMITED LIABILITY LAW PARTNERSHIP
September 28, 2016
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VIA: Upload through Hamakua CDP Feedback Form at http://www.hawaiicountycdp.info
County of Hawaii
Planning Department
Hamakua Community Development Plan Steering Committee
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Comment for Consideration at Hamakua Community Development
Steering Committee Meeting on 9/28/16, Business Agenda Item No.1(a)(ii)(1)
Dear Hamakua Community Development Plan Steering Committee Members:
We represent Steve Shropshire and Shropshire Group, LLC and write to provide input on behalf
of our clients regarding Business Agenda item no. I (a)(ii)(1). As you are aware, Shropshire
Group, LLC owns the two parcels in question, bearing TMK Nos. (2) 9-002:079 and (2) 9-
002:081. We understand that the Steering Committee is considering changing the
designation of our client's parcels from General Industrial (MG 5A) to Open, as defined by
Chapter 25 of the Hawai'i County Code, in the Steering Committee's final draft Community
Development Plan recommendation. The Open District designation of our client's parcels has
the potential to substantially limit the available permitted uses, notwithstanding the fact that the
parcels are within the State Urban Land Use District and the adjoining parcels are designated
Low Density Urban according to the LUPAG Maps.
We understand that some community members support the Open designation so that the parcels
may be preserved and potentially become a park. In furtherance of some community members'
agenda to preserve the parcels, the County Council passed Resolution No. 535 16 in June 2016,
authorizing the Director of Financial to enter into negotiations to acquire the parcels pursuant to
the Public Access, Open Space, and Natural Resources Preservation Fund. Candidly, it is my
client's position that there has been no meaningful discussion of the County's potential
acquisition of the parcels. In the meantime, he would like to pursue development consistent with
the current permitted uses, as would any other landowner.
While we can appreciate the sentiment behind preserving the parcels for open space and
public benefit, the proposed Open designation of our client's parcels under this guise would
require our clients alone to "bear public burdens which, in all fairness and justice, should
be borne by the public as a whole." Palazzolo v. Rhode Island, 533 U.S. 606, 618, 121 S.Ct.
2448, 2458, 150 L.Ed.2d 592 (2001) (quoting Armstrong v. United States, 364 U.S. 40, 49, 80
S.Ct. 1563, 4 L.Ed.2d 1554 (1960)) (explaining the rationale behind the Takings Clause).
Topa Financial Center • Foil Street Tower - 745 Fort Street, Suite 800 - Honolulu, Hawai'i 98SCA:32gBS
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Phone: 808.599.9555 - Fax: 808.533.2467 • www.SMLhawaii.com MQ�
By:
. County of Hawaii
Planning Department
September 28, 2016
Page 2
Indeed, the Hawaii Intermediate Court of Appeals has acknowledged that in some instances,
land use regulations can go "too far" and thus reduce the use of property to such an extent that it
constitutes a "regulatory taking" requiring just compensation under the Fifth Amendment.
Leone v. County of Maui, 128 Hawai'i 183, 190,284 P.3d 956, 963 (Ct. App. 2012) (citing
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 43 S.Ct. 158, 67 L.Ed. 322 (1922)). On behalf
of our client, we urge the Steering Committee not recommend our client's parcels be designated
as Open in the draft Community Development Plan recommendation.
We further request that Brad Kurokawa withdraw from further discussion and voting on the
matter, as we understand he likely has a conflict of interest as a potential architect for the
proposed Hakalau Point Memorial Park, a park the parcels have theoretically been slated for
despite being privately owned. See Hamakua Community Development Plan, Steering
Committee Review of Community Input PowerPoint, Steering Committee Meeting #27 at Slide
5 "Reminder of Conflict of Interest" (Sept. 10, 2016).
Very truly yours,
SULLIVAN MEHEULA LEE, LLLP
Terrence M. Lee
Dorothy P.H. Meisner
SULLIVAN IMEHEULAILEE
A HHOED unmury LAY. PgInHLrSIff
Topa Financial Center • Fort Street Tower • 745 Fort Street, Suite 800 • Honolulu, Hawaii 96813
Phone: 808.599.9555 • Fax: 808.533.2467 • www.SMLhawaii.com
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