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Monday, September 22, 2014
   
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Complete response to Catherine Cruz, KITV

The following is the complete correspondence sent to Catherine Cruz, KITV, posted here for clarity:

Aloha Catherine,

I wish not to do an interview, as the last one I did with you was not reported well.  You took information out of context & used it in a negative manner against me.  Trying to reflect me as a bad person.

However, I know that you have a job to do & will end up reporting something anyway, so  as a responsible track proprietor of Kalaeloa Raceway Park, it is my responsibility to the racing community as well as race enthusiasts, I will list down points & facts about what has and is transpiring:

Filed the lawsuit at the First Circuit Courthouse on Monday, June 16, 2014 at approximately 8:00am against all the members of the HHC & Jobie Masagatani, chair of the DHHL & the HHC:

We filed a lawsuit against the Department of Hawaiian Home Lands as well as the Hawaiian Homes Commission Members due to their failure to adopt proper policy in violation of state law required by Chapter 91 HRS, their conspiracy to damage our reputation and business, as well as their negligent infliction of emotional distress.  Their failure to properly adopt rules and regulations to establish proper policy for handling of the Hawaiian home lands, in effect, voids their current permitting and right of entry system.

**This situation affects not only us, but all tenants under their new right of entry system.

  • While my staff was at the DHHL with the process server to serve the documents, they have learned that SORT was on the agenda for the following reasons:
    • Response to Petition for Contested Case Hearing, SORT LLC, Kalaeloa, Oahu
    • Enforcement Actions Regarding Non-Compliant Former Revocable Permits, Statewide
      • Please keep in mind that we were not given any prior notice (phone call, email, fax or mail) by the department.  I’ve been trying to get this contested hearing with the department for over a year now with no response from the DHHL or HHC.  
      • The staff had decided to stay at the meeting as they saw a small group of opposition present.
      • Later is was also discovered that SORT was listed with the Enforcement Actions Regarding Non-Compliant Former Revocable Permits.
      • During this meeting SORT was denied our continued request for a contested hearing.
      • SORT’s RP was also terminated, based on being non-compliant.
        • Here’s our dilemma, the contested hearing requested was to determine whether we were in non-compliance due to interpretation.  Who is in compliance, who is in non-compliance & is it fairly equal?

My testimony would be revealing a lot of discrimination, prejudice & unfair practices from the DHHL agency.  And that’s the reason why they didn’t want to approve my request for the contested hearing.  While the department continues to bully me around, we are going to appeal the decision and we are awaiting their response to the request as to what the appeal procedures are.  My guess is that they don’t have a procedure.

It’s sad that there is so much prejudice & corruption within the agency and it’s obvious that it stems from the Governor’s office.  We do not have the support from our Governor Neal Abercrombie, but we do have the support of Senator Maile Shimabukuro & Senator Clayton Hee as well as one HHC member, Joe Tassill.

KRP is the only outdoor venue on Oahu that provides a safe place for the racing community.  To take that away will only cripple the racing community again.

Catherine, I hope that this helps you.  A copy of this will be posted on our website.

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