tag:blogger.com,1999:blog-7875069982976812251.post812511165218698251..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: Suck-Ups and Scary StuffsJoan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-7875069982976812251.post-79613363027126064362008-11-11T20:44:00.000-10:002008-11-11T20:44:00.000-10:00Please read the charter. Planning Commission is r...Please read the charter. Planning Commission is responsible for the Planning Director and the Mayor appoints, upon expiration of term, the Planning Commission.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-6388962861655661132008-11-03T01:14:00.000-10:002008-11-03T01:14:00.000-10:00short of proving fraud and/or misrepresentation on...short of proving fraud and/or misrepresentation on the part of the applicant/petitioner, i would suspect that anything granted/approved/offered (whatever the right term is) by a planning/permitting-type municipal body --- and then (and this is important) -- "reasonably relied" upon, even to a small extent, by the applicant petitioner means that afterward...should that body look to retract/revoke (~ "take back" that which was "reasonably replied" upon by the applicant (developer here)....well, it is an easy lawsuit based on contract law 101 (among other "causes of action" probably). i know that may seem unfair...but i would offer this as an example of working to make sure public employees are hired per professional merit, as they tend to make better decisions. thanksAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-61836487107094886252008-11-02T20:08:00.000-10:002008-11-02T20:08:00.000-10:00What I could have said was Judge Watanabe enabled ...What I could have said was Judge Watanabe enabled the Planning Commission to VOID the approval and go back to the beginning.<BR/><BR/>Are you saying the ʻPlanningʻ Commission cannot impose conditions?<BR/><BR/>As to your comment: "Third/fourth, what you may think the planning commission can revoke and what the planning commission actually can revoke are two different things."<BR/><BR/>Can you be a little more specific or are you just blogging into the wild blue yonder?awolgovhttps://www.blogger.com/profile/11839526260230337689noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-57365664121375849582008-11-02T13:30:00.000-10:002008-11-02T13:30:00.000-10:00Nunya,First, the conditions were illegal. The judg...Nunya,<BR/><BR/>First, the conditions were illegal. The judge said so.<BR/><BR/>Second, you said, "Watanabeʻs ruling actually made the application approval VOID" so you did so say the approval was voided (you should take deep breath and read your own post slowly).<BR/><BR/>Third/fourth, what you may think the planning commission can revoke and what the planning commission actually can revoke are two different things.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-55380409602461676102008-11-01T21:18:00.000-10:002008-11-01T21:18:00.000-10:00"Nunya is wrong. The commission imposed illegal co..."Nunya is wrong. The commission imposed illegal conditions on the developers. Those conditions fall away. The approval was not voided, the conditions were. The county attorney had it dead on right. The county has no right to revoke the approval."<BR/><BR/>Take a deep breath and read my post s l o w l y...you seem to have gotten yourself all worked up, whoever developer you are.<BR/><BR/>First, the conditions were not illegal - they are conditions that almost certainly have to be imposed.<BR/>Second, I never said the approval was voided...it SHOULD have been voided once those vital conditions were removed.<BR/>Third, the attorney shammed up a good opportunity.<BR/>Fourth, I believe the Planning Commission has EVERY right to revoke permits especially when they are acquired on bad faith which is an area of law expertise that is too far over this attyʻs head.<BR/><BR/>And I donʻt believe the conditions ʻfell awayʻ they were removed by the court then amended by the commission at the direction of the county atty. Also a subversion of the publicʻs interest.awolgovhttps://www.blogger.com/profile/11839526260230337689noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-34736672480779550852008-11-01T18:24:00.000-10:002008-11-01T18:24:00.000-10:00is it possible to petition the commission to recon...is it possible to petition the commission to reconsider? it sure seemed like the door opened to reject the proposal but due to the ignorance or incompetence of our county government we have to wonder what are they thinking?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-58903690155613099092008-11-01T11:58:00.000-10:002008-11-01T11:58:00.000-10:00Nunya is wrong. The commission imposed illegal con...Nunya is wrong. The commission imposed illegal conditions on the developers. Those conditions fall away. The approval was not voided, the conditions were. The county attorney had it dead on right. The county has no right to revoke the approval.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-16747791997835520282008-11-01T08:33:00.000-10:002008-11-01T08:33:00.000-10:00Interesting observation, Nunya. And since Kathleen...Interesting observation, Nunya. And since Kathleen Watanabe used to be a county attorney, and a good one (she even attended all the council meetings), then she certainly knows how that system works.Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-78351132950146020102008-10-31T20:49:00.000-10:002008-10-31T20:49:00.000-10:00It was the idiot county attorney that, in executiv...It was the idiot county attorney that, in executive session, advised the commissioners to amend the conditions and misleading them into believing nothing else could be done. Thatʻs why Weinstein and Texeira and Hollinger were waffling about what their options were; the county attorney had just given them some very bad advice. And as Texeira said, he felt as if his hands were tied.<BR/><BR/>Not only that, they were in complete and utter incomprehension of what had just been DICTATED to them by the county attorney. In other words: it didnʻt make sense.If it had been sound advice, it would have made sense.<BR/><BR/>After the hearing I came to a realization that perhaps Judge Watanabe had put a gift on the table but nobody utilized it: SHE REMOVED THE CONDITIONS-AT THE REQUEST OF THE DEVELOPERS !!!!...(Maybe they realized their mistake and WORKED the stupid, egotistical county attorney to play right into their hands) Watanabeʻs ruling actually made the application approval VOID. Because the approval was granted ONLY if the conditions were in place.awolgovhttps://www.blogger.com/profile/11839526260230337689noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-40172231649482339772008-10-31T11:05:00.000-10:002008-10-31T11:05:00.000-10:00Unfortunately, Andy, not nearly enough people know...Unfortunately, Andy, not nearly enough people know who Ian is and the bad stuff he's done, and is likely to keep doing if Bernard keeps all the administrators, as he's said he will do.<BR/><BR/>John, the info about the Supreme Court hearing came from Maui's Dick Mayer.Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-79439242265473992372008-10-31T11:00:00.000-10:002008-10-31T11:00:00.000-10:00Joan,Where did you get the info on the HI Supreme ...Joan,<BR/><BR/>Where did you get the info on the HI Supreme Court hearing oral arguments on Superferry? I'll post it to the email list once I can put its source.<BR/><BR/>JohnJennifer Tylerhttps://www.blogger.com/profile/10101864124214887690noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-11597459644546640152008-10-31T10:55:00.000-10:002008-10-31T10:55:00.000-10:00How many people on Kaua`i do you think even know w...How many people on Kaua`i do you think even know who Ian Costa is- much less that he is responsible for the horrors of recent over development... much less that Bernard would apparently keep him as Planning Director while JoAnn would very apparently replace him.Andy Parxhttps://www.blogger.com/profile/15398587036690312685noreply@blogger.com