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was filed November 1, 2006, he thought they were put on notice of any appeals ongoing, and any <br />action subsequent to that would be at their own risk. <br />Douglas Vitunac, Esq., also from Collins, Brown, Caldwell, Barkett & Garavaglia, <br />Chartered, did not think that would be a problem. He stated they could show detrimental reliance <br />before November 1, 2006. He proceeded using a PowerPoint presentation covering the timeline of <br />important dates, and the timeliness of the Appeal. Their position was that the appeal was filed two <br />days late with the County. <br />Michael O'Haire, Esq., argued that his letter was filed on time. <br />Attorney Collins agreed with Attorney O'Haire that the appeal was filed timely, but <br />technically it was a deficient appeal, based on fact that it was filed without the filing fee. He <br />advised the Board not to hear the appeal. <br />Discussion ensued regarding the argument The Source was making, that it is <br />jurisdictional and the Board does not have the power to hear the appeal. <br />Chairman Wheeler felt this issue failed because people were not properly notified. <br />He said they need to change their rules to correct this deficiency, and when the grandfather clause <br />is in effect and people are notified. <br />Vice Chair Bowden wanted to know what their legal position was at this moment. <br />Craig Kobeloski, a resident who lives behind the subject property, argued the <br />unfairness to the matter of not hearing the public's input. <br />February 13, 2007 24 <br />