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13. COUNTY ATTORNEY MATTERS <br />13.A. OCEAN CONCRETE LAWSUIT <br />Assistant County Attorney George Glenn related that in response to the Petition for Writ <br />of Certiorari filed by Ocean Concrete regarding the denial of their site plan application extension <br />request, the Circuit Court had issued an Order for the County Commission to hold a Good Cause <br />Hearing relative to granting the extension request. He explained that the Order does not become <br />final if the County requests a rehearing, and that staff has filed a Motion for Rehearing. Attorney <br />Glenn explained why he thought the Court erred in their judgment and affirmed his belief that <br />the County acted properly, since you cannot grant an extension for a use that is no longer <br />permitted. He told the Board that should the County's Motion for Rehearing Request be denied, <br />the options would be to appeal the decision to the Fourth District Court of Appeals, or hold a <br />hearing to decide whether good cause exists to grant Ocean Concrete's application extension <br />request. <br />MOTION WAS MADE by Commissioner Wheeler, <br />SECONDED by Commissioner O'Bryan, to direct the <br />County Attorney's Office to take an appeal to the Fourth <br />District Court of Appeals should the Circuit Court deny <br />the County's Motion for Rehearing, as recommended in <br />the memorandum of September 30, 2009. <br />Chairman Davis sought and received affirmation from Attorney Glenn that the above was <br />the direction he was looking for from the Commission. <br />The Chairman CALLED THE QUESTION and the <br />Motion carried unanimously. The Board directed the <br />County Attorney's Office to take an appeal to the Fourth <br />District Court of Appeals should the Circuit Court deny <br />21 <br />October 6, 2009 <br />