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12/16/2020 - Opinion 2020-04
AUTHORIZING THE ADOPTION OF A REVISED RECORDS DISPOSITION SCHEDULE FOR THE DEPARTMENT OF POLICE IN ACCORDANCE WITH SECTION 46-43, HAWAII REVISED STATUTES (GET-38)
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6/10/2019 - Opinion 2019-4
Resolution 18-195, Entitled "Referring to the Maui Planning Commission a Proposed Bill to Change the Zoning for 6.943 Acres on South Kihei Road, Kihei, Maui, Hawaii, Tax Map Key (2) 3-9-004:141" (PAF 19-162)
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3/22/2019 - Opinion 2019-02
Request for Legal Opinion Regarding Whether a Frozen Malt Beverage Product with an Alcohol Content of 8 Per Cent by Volume is Subject to Regulation by the Department of Liquor
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3/7/2019 - Opinion 2019-01
Legal Advice Regarding Mayor's Ability to Appoint Disapproved Department Heads as Interim Department Heads (PAF 19-108)
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10/11/2017 - Opinion 2017-16
Affordable Housing Projects (Chapter 201H, Hawaii Revised Statutes) (Independent Development of 100 Percent Affordable Hana Housing Project) (LU-2(2))
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7/19/2017 - Opinion 2017-11
BILL 67 (2017), AMENDING THE DISTRICT BOOUNDARY FOR PROPERTY SITUATED AT POLANUI, LAUNIUPOKO, LAHAINA, MAUI, HAWAII (PAF 17-159)
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6/27/2017 - Opinion 2017-9
Moratorium on Exporting Sand, the Maui Inland Sand Resource Quantification Study, and Sand Mining Regulation (EM-33)
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2/10/2017 - Opinion 2017-2
Amendments to Appendix A, Grant Revenue - Schedule of Grants By Departments and Programs For Fiscal Year 2017 (Department of Public Works) (State of Hawaii, Department of Health) (BF-19(4))
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2/10/2017 - Opinion 2017-1
Request for Legal Opinion Regarding Authority of County Council to Condition An HRS 201H Approval On Maintaining Affordability Of For Sale Units in Perpetuity (PAF 17-032)
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8/5/2016 - Opinion 2016-20
Authorizing Grant of a Lease of Real Property to TEACH Development LLC (Old Maui High School Campus) (EAR-63)
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9/8/2015 - Opinion 2015-16
A Bill for an Ordinance Relating to Standards for Certain Media Statements Issued by the Mayor's Office (PAF 15-158)
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12/9/2014 - Opinion 2014-11
Authority of Council to Amend a Proposed FY-15 Budget Amendment Transmitted to the Council by Administration
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7/1/2014 - Opinion 2014-6
A Bill for an Ordinance Amending Chapter 19.510, MCC, Relating to Environmental Assessments and Environmental Impact Statements
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7/11/2013 - Opinion 2013-10
Temporary Suspension of Issuance of Vendor Licenses Required by Chapter 5.12, Maui County Code (PAF 12-097)
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1/10/2013 - Opinion 2013-1
Community Plan Amendment and Change in Zoning for 0.375 Acre Identified by TMK: (2) 2-6-009:017 (Paia) (LU-24)
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12/20/2012 - Opinion 2012-25
Codification of Interpretations of the Law Affecting the Construction, Alteration, Repair, and Use of Buildings or Structures in the County (PAF 11-223)
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4/20/2012 - Opinion 2012-9
Fiscal Year 2013 Budget; Request for Legal Opinion Relating to Park Assessments and Impact of the Konno Decision (CC-4)(BF-1)
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4/20/2012 - Opinion 2012-8
Fiscal Year 2013 Budget; Request for Legal Opinion Relating to Capital Improvement Project Appropriation for Unidentified Project (CC-3)(BF-1)
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4/13/2012 - Opinion 2012-7
Fiscal Year 2013 Budget; Request for Legal Opinions Relating to (1) State Mandate to Provide Non-Driver State Identification Cards, and (2) General Budget Provisions (CC-2) (BF-1)
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4/11/2012 - Opinion 2012-6
Fiscal Year 2013 Budget; Request for Legal Opinion Relating to Proposed Transfer of the Grants Management Program From the Department of Housing and Human Concerns to the Department of Finance (CC-1) (BF-1)
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2/9/2012 - Opinion 2012-3
District Boundary Amendment and Change in Zoning for Hanazawa's Store and Adjacent Property (Haiku) (LU-22)
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9/26/2011 - Opinion 2011-9
Community Plan Amendment, Project District Phase I Approval, and Change in Zoning for the Pulelehua Project (Lahaina) (LU-65)
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9/30/2010 - Opinion 2010-17
Amending Resolution No. 08-91 Authorizing Acceptance of Payment From Keaka LLC and Makena MF-2&3, LLC to the Affordable Housing Fund For the Hale Mahaolu Ehiku Project (BF-88)
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7/12/2010 - Opinion 2010-12
Returning the Land Earlier Identified for the West Maui Medical Facility to its Former Agricultural Designations (PAF 10-067)
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1/11/2010 - Opinion 2010-1
Prohibiting Use of Kainani Street For Ingress to and Egress From Development Within the Maui Lani Project District (Wailuku-Kahului Project 1) (LU-14)
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5/6/2009 - Opinion 2009-10
Resolution Authorizing the Sale of Structures at Kapuka'ulua (formally known as Montana Beach), Paia, Maui (COW-15)
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5/5/2009 - Opinion 2009-9
Proposed Amendments to Maui County Code Section 18.16.320 Relating to Parks and Playgrounds For Subdivisions (PAF 03-089)
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3/5/2009 - Opinion 2009-6
Authorizing Grant of Non-Exclusive Easement to James Henry Schloemer For Underground Private Sewer Line Purposes (Makena) (IM-97)
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2/19/2009 - Opinion 2009-4
Bill No. 2 (2009), "A Bill For an Ordinance Amending Chapter 2.80B, Maui County Code, Relating to Deadlines for Council Action on the General Plan and Community Plans" (PAF-038)
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8/6/2008 - Opinion 2008-11
Request for Opinion Regarding Applicability of Hawaii Revised Statutes § 46-24 to the Managing Director's Salary
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1/10/2008 - Opinion 2008-1
Council Authority to Pass the Proposed Bill, "A Bill For an Ordinance Amending Chapter 10.48, Maui County Code, Pertaining to Stopping, Standing and Parking on Ulumau Place, Paia" Without Prior Referral to the Traffic Safety Council
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11/9/2007 - Opinion 2007-27
Change in Zoning and Project District Phase I Approval For "Honua'ula/Wailea 670" Residential Development (LU-38)
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8/14/2007 - Opinion 2007-21
Committee For More Equitable Taxation - Charter Amendment Pursuant to Section 14-1(3); Hawaii Supreme Court Decision
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8/8/2007 - Opinion 2007-20
Change in Zoning and Project District Phase I Approval For "Honua'ula/Wailea 670" Residential Development (LU-38)
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7/18/2007 - Opinion 2007-18
District Boundary Amendment, Community Plan Amendment, and Change in Zoning For Four-Unit Single-Family Condominium at Kaeo, Honuaula (Makena) (LU-23)
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6/26/2007 - Opinion 2007-15
Bill No. 33 (2007) Entitled "A Bill For an Ordinance Amending Appendix A of the Fiscal Year 2007 Budget For the County of Maui as it Pertains to the Department of Housing and Human Concerns"
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2/6/2007 - Opinion 2007-5
Allowed Uses of the Montana Beach Property (Baldwin Beach House) by County Under the Mutual Release and Settlement Agreement
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1/23/2007 - Opinion 2007-4
Change in Zoning and Project District Phase I Approval For "Honua'ula/Wailea 670" Residential Development (LU-38)
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1/19/2007 - Opinion 2007-3
District Boundary Amendment, Community Plan Amendment, and Change in Zoning For Papaanui, LLC (Makena) (LU-50)
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1/18/2007 - Opinion 2007-2
Bill No. 84 (2006), Entitled "A Bill For an Ordinance Amending Chapter 5.22, Maui County Code, Relating to Bicycle Tour Business"
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9/20/2006 - Opinion 2006-24
Bill No. 51 (2006), A Bill For an Ordinance Repealing Chapter 2.88A, Maui County Code, and Amending Title 14, Maui County Code, Relating to the County Water Code
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9/6/2006 - Opinion 2006-23
Amending FY 2007 Budget (Kamole Weir Water Treatment Facility Clearwell Replacement Project and Drinking Water State Revolving Fund Loan) (BF-91)
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8/28/2006 - Opinion 2006-21
Amending FY 2007 Budget (Kamole Weir Water Treatment Facility Clearwell Replacement Project and Drinking Water State Revolving Fund Loan) (BF-91)
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2/10/2006 - Opinion 2006-5
Community Plan Amendment, Change in Zoning, and Project District Phase 1 Amendment For Wailuku-Kahului Project District 1 (Maui Lani) (LU-14)
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2/6/2006 - Opinion 2006-4
Conditional Permit for "Hale Hookipa Inn" (Makawao) (LU-26); District Boundary Amendment, Change in Zoning, and Conditional Permit For "Banyan Tree Bed & Breakfast" (Makawao) (LU-40)
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1/31/2006 - Opinion 2006-3
Request For Determination as to Which Property/Premise the 5/8" Meter (Account No. 1012742/Service No. 926-02300) Should Be Assigned
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1/17/2006 - Opinion 2006-1
Papaanui, LLC Applications For Land Use Commission District Boundary Amendment, Community Plan Amendment, and Change in Zoning
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8/22/2005 - Opinion 2005-17
HRS Chapter 201G Affordable Housing Projects (Hale Mua Affordabale Housing Project) (HHS-1(2)) (Analysis of 3-Year Residency Requirement)
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7/6/2005 - Opinion 2005-16
First Time Home Buyer’s Fund (HHS 6) (Explanation of why the residency requirement of three years should not be an established guideline for this fund.)
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6/28/2005 - Opinion 2005-15
Community Plan Amendment and Change in Zoning For “E Paepae Ka Puko’a” 16-Unit Rural Subdivision Project (Spreckelsville) (LU-8)
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5/5/2005 - Opinion 2005-14
Preliminary Review Requests/Questions from the April 13, 2005 Meeting (CC-03) (BF-1) (H'Poko Wells environmental assessment requirements)
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4/13/2005 - Opinion 2005-12
Administration's Ability to Disregard Council Policy (PAF 99-282) (Re: Administration's refusal to expend funds appropriated by Council)
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4/12/2005 - Opinion 2005-11
Preliminary Review Requests/Questions From the March 31, 2005 Meeting (CC-01) (BF-1) (Question 2 of memo) (Re: Grants Review Committee Establishing 'caps' to Community Partnership Grants)
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4/11/2005 - Opinion 2005-10
Preliminary Review Requests/Questions From the March 31, 2005 Meeting (CC-01) (BF-1) (Transfer of Water Safety Officer Positions From the Dept. of Parks and Recreation to the Dept. of Fire and Public Safety)
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3/29/2005 - Opinion 2005-9
Issuance of Water Meter For a Property Located in a Previously Approved Subdivision Where the Existing Water System Improvements Do Not Meet Nor Conform to Current Departmental Standards
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2/10/2005 - Opinion 2005-6
Helani Gardens Subdivision II Housing Project; Section 201G-118, Hawaii Revised Statutes Processing; Exemption from Water System Development Fees
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1/20/2005 - Opinion 2005-2
Prevailing Wages For Construction of Experimental, Demonstration, and Affordable Housing Projects (PAF 04-201)
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1/12/2005 - Opinion 2005-1
Maui's Best Gift and Craft Fair, LLC, Located at 270 Alika Place, TMK: 4-6-010:025, Lahaina, Maui, HI (Re: Use not permitted by applicable zoning law; possible options)
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11/19/2004 - Opinion 2004-38
Council Approval of Affordable-Housing Projects Proposed Pursuant to Chapter 201G, Hawaii Revised Statutes (Pu`unoa, Lahaina); (HHS-4(1)) (whether pending litigation will have an effect on Council's ability to consider and decide upon the application; etc.)
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11/5/2004 - Opinion 2004-35
Deferral of Improvements for William Goo Estate Family Subdivision (re: deferral of construction of water and roadway improvements requested by the Department of Fire and Public Safety)
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11/4/2004 - Opinion 2004-34
Council Approval of Affordable-Housing Projects Proposed Pursuant to Chapter 201G, Hawaii Revised Statutes (Pu`unoa, Lahaina); (HHS-4(1)) (whether pending litigation will have an effect on Council's ability to consider and decide upon the application; etc.)
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11/3/2004 - Opinion 2004-33
Banyan Tree Park Arts Fair Decision and Order by Cultural Resources Commission (re: use of the Banyan Tree Park)
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10/27/2004 - Opinion 2004-32
Amendment to the Grant of a Lease of Real Property to Lahaina Restoration Foundation (COW-12) (re: request for lease extension)
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10/22/2004 - Opinion 2004-31
Presentation on the Revised Pu`unoa Village Affordable Housing Project; Lahaina (HHS-8) (litigation that the Dept. of Public Works disregarded recommendations of Historic Preservation re valuable historical/cultural aspect of property)
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9/21/2004 - Opinion 2007-30
Resolution Authorizing Acceptance of Marween Yagin's Design as the County Logo for Use in the Maui County Business Resource Center and County Store
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9/2/2004 - Opinion 2004-29
Authorizing Acceptance of Marween Yagin's Design as the County Logo for Use in the Maui County Business Resource Center and County Store (EED-16)
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7/23/2004 - Opinion 2004-27
Council Approval of Affordable-Housing Projects Proposed Pursuant to Chapter 201G, Hawaii Revised Statutes (Waikapu Affordable Housing Subdivision) HHS-4(1)
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6/17/2004 - Opinion 2004-24
Community Plan Designation for 5.171 Acre Parcel at Site of Previously Proposed Ka Ono Ulu Commercial Development and Nearby 7 Acre Parcel (Kihei) (PLU-2)
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6/17/2004 - Opinion 2004-23
Personal Liability of Council Members (COW-5) Request For Legal Opinion Regarding Conditioning an Application For a Conditional Permit on Waiver of an Applicant's Right to Sue
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5/21/2004 - Opinion 2004-19
Reasonable Accommodations, Maui County Code, Section 3.48.780 (re: application for circuit breaker credit for homeowners with disabilities)
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5/17/2004 - Opinion 2004-18
Open Space Funding (re: purchase of Mu`olea Point - whether Council may consider and act upon a budget amendment before the beginning of the budget fiscal year)
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5/13/2004 - Opinion 2004-17
Ke Ali`i Villas Condominium Project (SM1 2002/2003) (re: requirement of new published and mailed notice for a rescheduled public hearing on the Special Management Area Use Permit application)
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4/16/2004 - Opinion 2004-16
Review of Document: Notice of Preservation of Legal Title and Inherent Interests (resolution of a possible conflict in property claims may require adjudication by a court of law)
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3/10/2004 - Opinion 2004-14
Authorizing Maui Electric Company, Limited, to Replace and Install Utility Poles on Lower Main Street, Waiale Road, Oihana Street and Nakoa Drive (PWT-20)
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3/9/2004 - Opinion 2004-13
Request from Roy Figueiroa, General Manager, Makena Resort Corporation, For a Change in Zoning (PLU-37)
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3/4/2004 - Opinion 2004-12
Professional Services Procurement (PAF 03-098) (re: qualifications of review and selection committee members)
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3/1/2004 - Opinion 2004-11
Change in Zoning and Community Plan Amendment for Fukiyo Ueoka (PLU-47) (environmental assessment required if not part of a comprehensive review)
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2/25/2004 - Opinion 2004-10
Response to Inquiries From January 29, 2004 Board of Water Supply Meeting (re: rate increase review and procedure for review and submittal of DWS annual operating and CIP budget)
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2/24/2004 - Opinion 2004-9
Advisory Bodies; Sunshine Law Considerations (PAF 03-011) (re: applicability of the Sunshine Law to advisory bodies used by the Office of the Mayor to provide the administration with guidance on various matters)
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2/24/2004 - Opinion 2004-8
Napuunoa Family Property, Kahakuloa, Maui (PAF 04-056) (re: donations of real property to the County: procedure, information necessary, and whether a warranty deed is required)
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2/18/2004 - Opinion 2004-7
Authorizing Maui Electric Company, Limited, to Replace and Install Utility Poles on Lower Main Street, Waiale Road, Oihana Street and Nakoa Drive, Wailuku, Maui (PWT-20)
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2/13/2004 - Opinion 2004-6
Authorizing Maui Electric Company, Limited, to Replace and Install Utility Poles on Lower Main Street, Waiale Road, Oihana Street and Nakoa Drive, Wailuku, Maui (PWT-20)
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2/11/2004 - Opinion 2004-5
Professional Services Procurement (PAF 03-098) (re: legal services for advice and representation on water policy matters)
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1/22/2004 - Opinion 2004-2
EIS Accepting Agency For the Kaanapali 2020 Plan (re: Office of Environmental Quality Control's premature determination that the Maui Department of Planning should accept the environmental impact statement)
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1/15/2004 - Opinion 2004-1
Timing and Processing of Grant Contracts (PAF 03-222) (re: the Department of the Corporation Counsel's role in the process and suggestions to minimize delay)
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12/9/2003 - Opinion 2003-56
Council Approval of Affordable-Housing Projects Proposed Pursuant to Chapter 201G, Hawaii Revised Statutes (Pu'unoa) (HHS-4(1)) (whether there are constitutional or other legal concerns in the proposed prioritizing of applicants for the units, as presented)
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11/18/2003 - Opinion 2003-54
Clarification on Ability to Modify Exemptions or Conditions for Approval on HRS 201G Applications Submitted to the Council (PAF 03-211)
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11/18/2003 - Opinion 2003-53
Improving the Process for Updating the General and Community Plans (PLU-6) (whether bill is changed enough to require another first reading)
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11/17/2003 - Opinion 2003-52
Improving the Process for Updating the General and Community Plans (PLU-6) (re: non-decennial general plan amendments, rezoning of lands upon adoption of community plan, non-decennial community plan amendments)
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10/30/2003 - Opinion 2003-50
Council Approval of Affordable-Housing Projects Proposed Pursuant to Chapter 201G, Hawaii Revised Statutes (HHS-4)
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9/17/2003 - Opinion 2003-48
County Financial Assistance to Race-Based Organizations, or to Organizations Solely Serving Beneficiaries of One Particular Race
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8/28/2003 - Opinion 2003-47
Reallocation of Position for CIP Coordinator (whether the existing position can be reallocated for work that may fall out of the scope of the Building Permit Revolving Fund; whether a revolving fund may be used to fund the position)
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8/8/2003 - Opinion 2003-46
State Commission on Water Resource Management ("Commission") Designation of Iao Aquifer; Proposed Interim Measures by the Department of Water Supply
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8/6/2003 - Opinion 2003-45
Reviewing, Revising and Establishing Real Property Classifications (BF-22) (re: legal concerns regarding the establishment of two classifications for agricultural lands; comments)
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7/28/2003 - Opinion 2003-44
Board of Water Supply Rules; WR-1 (re: rules conflicting with charter amendment and rule-making authority issues)
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7/15/2003 - Opinion 2003-42
Commercial Charter Boats at Hulopoe Beach Park, Lanai (whether it is the responsibility of Lanai Company or the County to enforce park rules)
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7/15/2003 - Opinion 2003-41
Authority of County Council to Increase Fines and Suspend/Revoke Driver's License For Speeding in School Zones
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7/2/2003 - Opinion 2003-40
Whether Written Warnings Are Required Prior to Assessment of Fines For Special Management Area and Shoreline Setback Violations
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5/20/2003 - Opinion 2003-29
Fiscal Year 2004 Budget (Council's Ability to Revise Mayor's Request For Interdepartmental or Intradepartmental Transfers) (BF-1)
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5/8/2003 - Opinion 2003-25
Traffic Impact Fee Program for West and South Maui (elements that must be contained in the Transportation Planning Model)
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5/7/2003 - Opinion 2003-24
Preliminary Review Questions From the April 8, 2003 Meeting (CC-04)(BF-1) (DWS Proposed Budget Issues for FY04)
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4/4/2003 - Opinion 2003-14
Community Development Block Grant (CDBG) Program For the 2003 Program Year (Fiscal Year 2004 Budget) (BF-2)
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2/18/2003 - Opinion 2003-7
Maui Community Center, aka Binhi At Ani Community Center (whether there is any restrictions on the naming of the facility based on the Grant Agreement of County Funds)
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2/14/2003 - Opinion 2003-6
Lokahi Pacific; Hale Lokahi Elua; Promissory Note and Mortgage Encumbering Long Term State of Hawaii Lease
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2/13/2003 - Opinion 2003-5
Request For Legal Opinion Relating to Section 4-2(3) of the Revised Charter of the County of Maui (1983), As Amended
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1/29/2003 - Opinion 2003-3
Acceptance of Easements and/or Other Interests in Real Property From Subdividers or Building Permit Applications
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1/21/2003 - Opinion 2003-2
Review of December 4, 2002 Board of Water Supply Actions (PAF 02-274) (re: authority of the Board to adopt budget amendments; status of acquisitions
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11/29/2002 - Opinion 2002-39
Proposed Bill Amending the Fiscal Year 2003 Budget as it Pertains to the Department of Housing and Human Concerns (Senior Services Program) (BF-51)
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9/5/2002 - Opinion 2002-28
Consideration of Traffic Light Request For the Intersection of Pi'ikea Street and Liloa Street in Kihei (PWT-12)
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6/25/2002 - Opinion 2002-23
KKO Kai Ku 'Ono, Request to Amend Restrictions on License: Licensee Sent Out Notice of Public Hearing With Incorrect Zip Code For Our Office; Licensee was Instructed to Re-send Notices With Correct Zip Code
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5/29/2002 - Opinion 2002-21
Employee of County Department of Housing and Human Concerns Serving on the Commission on Children and Youth
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5/28/2002 - Opinion 2002-20
Councilmember Alan Arakawa's Request for Special Counsel Regarding an Appeal of the Decision of the Director of the Department of Public Works and Waste Management Relating to the Maunaolu Plantation Subdivision Project (COW-35)
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4/9/2002 - Opinion 2002-15
Follow-up Question From the April 1, 2002 Meeting (CC-02) (BF-9) (Provide an explanation of the liability issues that the County would need to consider if volunteers are used to reduce the construction costs of a capital improvement project)
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3/18/2002 - Opinion 2002-12
Request for Guidance on the Subcommittee's Subpoena Power and the Authority to Limit the Number of New Communication Service Providers
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1/30/2002 - Opinion 2002-2
Change in Zoning, Community Plan Amendment, and District Boundary Amendment for Proposed Waiolani Elua Subdivision (Waikapu) (LU-35) (whether a archaeological inventory survey is required by federal or state law)
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1/24/2002 - Opinion 2002-1
Beach Access Maintenance, Closure, Signage at Ae Place, Paia (PR-17) (re: residents and community member prescriptive right for beach access)
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