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David Kimo Frankel 5791 <br /> 1638-A Mikahala Way <br /> Honolulu, HI 96816 <br /> (808) 345-5451 <br /> davidkimofrankel@gmail.com <br /> Attorney for `Iewe Hanau o Ka `Rina <br /> BEFORE THE WINDWARD PLANNING COMMISSION <br /> COUNTY OF HAWAII <br /> STATE OF HAWAII <br /> In the Matter of: ) PL-CCH-2024-000024 <br /> Black Sand Beach LLC's Special Management ) `Iewe Hanau o Ka `Aina's Reply in Support <br /> Area Use Permit Application (PL-SMA-2023- ) of Its First Amended Petition for Standing in a <br /> 000046) ) Contested Case Hearing; Exhibit A <br /> Hearing Date: May 6, 2024 <br /> Hearing Time: 9:00 a.m. <br /> `Iewe Hanau o Ka `Aina's Reply in Support of Its <br /> First Amended Petition for Standing in a Contested Case Hearing <br /> Black Sand Beach LLC's memorandum in opposition to the intervention request of <br /> `Iewe Hanau o Ka `Rina is strange. <br /> First, Black Sand Beach LLC—represented by two former County employees, Daryn <br /> Arai and Lincoln Ashida—knows that if it opposed the intervention of`Iewe Hanau o Ka `Aina, <br /> it was legally obligated to file its opposition more than a month ago. Rule 4-6(g)provides: "If <br /> any party opposes the petition for intervention, that party shall file, within five (5) days after <br /> being served, his or her motion opposing the petition upon the Commission, all other parties and <br /> the intervenor." On March 18, 2024, the planning department sent a copy of the first amended <br /> petition to Daryn Arai, Black Sand Beach LLC's consultant. Black Sand Beach LLC filed its <br /> opposition far too late. <br />