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04/24/2008 (2)
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04/24/2008 (2)
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Last modified
1/5/2018 4:29:18 PM
Creation date
10/1/2015 6:18:49 PM
Metadata
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Meetings
Meeting Type
Special Call The Source
Document Type
Minutes
Meeting Date
04/24/2008
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4018
Subject
The Source Special Call Meeting
Jurisdictional Determination
I Am Ministries
Supplemental fields
SmeadsoftID
7238
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County staff, and that he did not file an appeal within 21 days of getting the letter because he did <br />not know that he could. <br />Commissioner O'Bryan wanted to make sure what staff's involvement was, and asked <br />Mr. Hedin what he requested of Planning Director Stan Boling when he (Hedin) called Director <br />Boling's office. Mr. Hedin said he just asked what was going on across the street from his <br />home (at Alcohope on 37th Street); he did not ask staff about an appeal, and staff did not mention <br />an appeal. <br />ATTORNEY 0 WAIRE'S SUMMATION <br />Attorney O'Haire declared his family ties to the Metz's. In summation, he stated that <br />common sense and the plain language of the Ordinance dictate that it only applies to an Ocean <br />Concrete situation. He argued that nobody knew that a letter was written, or that there was a <br />letter requested, except the applicant and Planning staff, and they are the only ones that the <br />ordinance can reasonably and with any common sense or fairness apply to. He also argued that <br />the ordinance could not apply to residents because they knew not of the "letter" or that there was <br />a time requirement, and that the process was already over by the time they knew about it. <br />Attorney O'Haire referenced page 5 of Judge Hawley's decision regarding the Board's <br />jurisdiction to hear this matter, where the Court finds that the records fail to affirmatively show <br />that the County Commission would be acting in excess of its jurisdiction by reconsidering the <br />merits of the appeal of the Planning & Zoning (Commission). He noted that Judge Hawley "is <br />saying there is no showing made and you all acted improperly, and his decision determined and <br />said you did everything you should have done and you did it properly." Further, the 4th District <br />Court of Appeals affirmed it, and we need now to make a ruling that this Ordinance cannot, with <br />any reason, common sense or fairness or all, apply to the Metzes or Hedin's of the world; it <br />April 24, 2008 9 <br />Special Call Meeting (The Source) <br />
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