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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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portion of the use ceases, would we then say it is all operational. He presented a scenario to <br />explain his point, and Director Boling responded accordingly. <br />Commissioner Davis sought to understand "the Jordan situation" mentioned earlier, and <br />Director Boling gave his understanding. <br />Commissioner Flescher believed it was inappropriate to draw correlations with other <br />existing cases. He asked what portion of the timeline would be considered a part of the hurricane <br />recovery period; what was the timeframe; and was there any record of any reconstruction, or <br />applications, or process for hurricane recovery. Director Boling responded to his questions. <br />Attorney Collins reminded the Board of the issue at hand and explained why The Source <br />should be allowed to present its arguments first. <br />PRESENTATION BY THE SOURCE <br />Attorney Steve Henderson, representing The Source, said they would be presenting <br />evidence on three issues: (1) under the County's ordinance, did the activity as a residential <br />treatment center cease for a period of one year; (2) whether the hurricane ordinance would <br />excuse the cessation if it lasted for more than one year; and (3) this is a legal issue of equitable <br />estoppel (when a person relies upon an official action by the County, in this case the zoning <br />confirmation letter of July 10, 2006, and justifiably relies on that and expends money in reliance <br />upon that.) He alluded that case law has imposed the doctrine of equitable estoppel to prevent <br />the County from reversing that decision, even if the decision was wrong. <br />Attorney Henderson argued that because The Source did not buy the property until July <br />31, 2006, and because the period that is being examined is really the period before, they would <br />present a witness, Linda Wakefield, from New Horizons, and the former owner of the property, <br />April 24, 2008 21 <br />Special Call Meeting (The Source) <br />
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