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Commissioner Davis recognized that one side was going to win on a technicality, <br />and Commissioner Wheeler agreed. Based on this being a legal action, Chairman Wheeler felt that <br />the Board needed to take the advise of their legal counsel and not hear the appeal. <br />MOTION WAS MADE by Commissioner Davis, <br />SECONDED by Vice Chair Bowden, to not hear the <br />appeal. <br />Under discussion, Commissioner O'Bryan expressed a desire to proceed with <br />hearing additional testimony and then letting the Courts decide. Commissioner Flescher agreed. <br />The Chairman CALLED THE QUESTION, and the <br />Motion carried, by a 3-2 vote (Commissioner O'Bryan and <br />Flescher opposed). The Board agreed not to hear the <br />appeal based on the County Attorney's advice that the <br />appeal was a deficient appeal because it was filed without <br />the appropriate filing fee. <br />Clerk's note: The Chairman called for a recess at 12:57 p.m. and he reconvened the <br />meeting at 1:11 p.m. with all members present. <br />11.A.2. CENTURY REALTY FUNDS PANTHER IX, LL C'SAPPEAL OF A <br />PLANNING AND ZONING COMMISSION DECISION TO DENYA MAJOR <br />SITE PLAN APPLICATION TO CONSTRUCT A COMMERCIAL <br />SHOPPING CENTER TO BE KNOWN AS CENTURY TOWN CENTER — <br />QUASI-JUDICIAL <br />The Clerk swore in the speakers. <br />February 13, 2007 25 <br />