Hearing Officer Resigns from Haleakala Telescope Case


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Hearing Officer Resigns from Haleakala Telescope Case

  1. 1. BOARD OF LAND AND NATURAL RESOURCE ,ATJN 2 STATE OF HAWAII Z012 A1 D j: 59In re Petition Requesting a Contested Case ) DLNR File No. MA-114 .,.Hearing Re Conservation District Use )Permit(CDUP) MA-3542 for the Advanced ) MINUTE ORDER NO. 2O- ORDERTechnology Solar Telescope at the Haleakala ) APPOINTING NEW HEARING OFFICER;High Altitude Observatories Site on Puu ) EXHIBIT A; CERTIFICATE OF SERVICEKolekole, Makawao, Maui ) )TMK (2) 2-2-007:008 ) ) ) MINUTE ORDER No. 20 ORDER APPOINTING NEW HEARING OFFICER Rosemary T. Fazio, Esq. has withdrawn as the hearing officer in the above- captioned case (Exhibit A). The Chairperson of the Board of Land and Natural Resources, having been delegated the task of selecting and appointing the hearing officer, hereby appoints Lane Ishida as the contested case hearing officer in this case. Any comments or objections to the appointment of Lane Ishida shall be filed no later than Thursday, May 10, 2012, 4:00 p.m., at the DLNE. Administrative Proceedings Office, 1151 Punchbowl Street, Room 130, Honolulu, Hawaii 96813. SO ORDERED this 2_ day of May, 2012. /1494z William J. Aila, Jr. Chairperson Board of Land and Natural Resources
  2. 2. Ashford &WristonA LIMITED LIABILITY LAW PARTNERSHIP LLP ROSEMARY T. FAZIO A Law Corporation Direct: (808) 539-0415 rfaziolawIaw.corn May 1, 2012 William J. Aila, Jr., Chairperson Board of Land and Natural Resources State of Hawaii P.O. Box 621 Honolulu, HI 96809 Re: Conservation District Use Permit (CDUP) MA-3542 Dear Mr. Aila: Receipt is acknowledged of a copy of Kilakila 0 Haleakala’s objection to my serving as the hearing officer based upon my representation of Dr. Greenwood in matters largely unrelated to the University. I do not believe this representation would compromise my objectivity in this matter. Nevertheless I have determined that in light of Kilakila’s objection, it is prudent for me to withdraw as the hearing officer for this contested case hearing. This is a challenging matter and I regret not being able to assist the Board in this case. I appreciate being considered as the hearing officer, and hope you will consider my services in fliture hearings before the Board. Although I spent time reviewing documents for this case and discussing this case with your staff, I will waive any fees for my services and will not submit an invoice. Should you have any questions, please do not hesitate to contact me. Very truly yours, ASHFORD & WRISTON A Limited Liability Law Partnership LLP By ROSEMARY T. FAZIO RTF:lms cc: Linda L.W. Chow, Esq. HONOLULU, HAWAII Street Address: EXHIBIT Tel: (808) S390400 i’ Mailing Address: Alii Place, Suite 1400 Fax: (808) S33-494B lll96ó9VlDst Office Box 131 1099 Alakea Street Email: atty@awlawsom Honolulu, HI 96810 Honolulu, HI 96813 www.ashfordwristoncom
  3. 3. BOARD OF LAND AND NATURAL RESOURCES STATE OF HAWAIiIn re Petition requesting a Contested CaseHearing Re Conservation District UsePermit (CDUP) MA-3542 for the DLNR File No. MA-11-04Advanced Technology Solar Telescope atthe Haleakala High Altitude ObservatoriesSite on Puu Kolekole. Makawao, Maui.TMK (2) 2-2-007:008 CERTIFICATE OF SERVICEThe undersigned hereby certifies that Minute Order 20, dated May 2, 2012, was served upon thefollowing parties via email and via US Mail on May 2. 2012, addressed as follows:Lisa A. BailGoodsill Anderson Quinn & SteelAlii Place, Suite 18001099 Alakea StreetHonolulu, HI 96813Counsel for Applicant - lmunger@goodsill.com - lbail@goodsill.comDavid Kimo FrankelStaff AttorneyNative Hawaiian Legal Corporation1164 Bishop Street, Suite 1205Honolulu, HI 96813Counselfor Petitioner dafrank@nhlchi.org -Linda Chow, Deputy Attorney GeneralLand and Transportation DivisionKekuanao’a Building465 South King Street, Third FloorHonolulu, HI 96813Counsel for the Tribunal-lindai.chow@hawaii.gov Dated: Honolulu, Hawaii, May 2, 2012 Michael Cain Department of Land & Natural Resources State of Hawaii