think happened but it is not yet to the point where it has been scheduled for a hearing in front of the planning commission theory testimony is over however first of all this is the first the proposed testimony she said to us well you should be careful because if you keep doing this i have the right to go to the planning commission and say rather than deciding that they should schedule a more hearings in order to hear the evidence  think should have been put in if they agree with me so we aren't even according to madeline vocal at that hearing said that it happened previously we aren't even necessarily to the end of the initial round of hearings on the first contest the case proce for political reasons if that was the motivation in doing it we have the sworn testimony of a lawyer who represented the mayor at a meeting with another lawyer representing somebody else involved in this where the lawyer for the county in his testimony acknowledge so are you taking issue with both of those yes yes younger abstention the exceptions are procedural the process of the process just doesn't give you an adequate remedy you're supposed to be able to go to federal court and that's the reason that this bad act happened was because of four and the counties motion to dismiss that was filed on page two that was filed i'm going to some other things look at that line i just kind of giving you that brief information because what i'm going to say now is to explain that this was not an ordinary  something you probably haven't seen before as far as i can tell it's pretty unique to maui county what happens is an architect must certify that we will meet all the counting requirements by the the four occupants so don't bother going through this  review waiver and birds awaiting me viewing the plans that killed the building permit comes with a statement by the owner same i will not occupy until all the requirements of the county in the state the federal government match so that's why the issues about the shoreline certification and the issue about the shoreline management area permit which is the most important in this instance that's the coastal zone management act the state of the waiver of course you're taking the risk that you won't be able to satisfy everything at the end of it they have decided to take that risk and go ahead and build so they cannot occupy and this is a signed document it will not occupy until all the requirements are met now the why are you taking so long and the reason that this matter is taken so long in terms of the contested case is because the issues that were brought forward mr possible limited to earlier about the  conspiracy to to extract a party and self worth those despite the motion of the county we have taken the position let's just do this contest to cases your normal contested case when you get to circuit court you can bring in all these special counsel to be hired to the various people who are accused of having done this criminal it's torsion so he did take longer than the normal amount of time but it is a lengthy proceeding the contested case because there is the attempt on the part of the county to provide sufficient due process there is discovery which was taken advantage of there were depositions taken by the helen and the other not forget there are three property undersell that kind of made it longer anyway because you've got three property owners plus you had a fourth person who had a and been of to purchase one of the copies that were fined attorneys and their clients involved in the matter couldn't be counted for property through property owners and the one reason to believe it would be quite right here either and even if it were quite right and once again there is no deadline how long the planning commission can take to make the decision there is nothing to prevent the intervenor in this case from asking the planning commission to to be more appropriately done after this first contested case here the intervenors objection made many more specific factual allegations and goes on and on in that hearing at the rate that this one took to go on for easily twice as long as about four times as many issues there is no evidence in the record could there be because there's no evidence out there in the world that we're anywhere near done with this june is not the day we were misled so many times here at the hearing in july fifth two thousand and two the county's position was that the planning departments contest a case here and could decide issues of manifest injustice which included issues of constitutionality issues of everything to censure that we're procedural due process the process is clearly inadequate to give a timely relief it could go on forever so that before has to step in the court should say that we've raised credible issues that reasonable