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to provide details of exactly what occurred during the period of time from April 1, 2005, which <br />was the date on which the residents at the Alcohope facility moved. He stated that Attorney <br />Vitunac would discuss two cases that deal with the issues of cessation. Those cases stand for the <br />proposition that in addition to actual use of the property ceasing, there has to be an element of <br />intent to abandon. He also gave a brief description of the cases, their intent, and findings by the <br />court. <br />Attorney Henderson suggested that as the Board listen to this testimony, he would like <br />them to view it in the light of whether they detect an intent to abandon the residential treatment <br />center use during the time -period in question. He contended that under the hurricane ordinance it <br />would override the cessation provisions. He said there were three (3) hurricanes that occurred in <br />that period of time, and the terms of the Ordinance are that the County has to be included in <br />those counties that are declared disaster areas. <br />(Clerk's Note: entered into evidence by Attorney Henderson, Exhibit I — records from <br />FEMA showing the disaster declaration numbers) <br />Douglas Vitunac, Esquire, Collins, Brown, Caldwell 756, Attorney for The Source, <br />presented case law in support of his arguments, the first being Sarasota vs. Bow Point on the <br />Golf Condominium Developers, LLC, a 2nd District Court case from Florida, decided in October <br />26, 2007. Said case dealt with a grandfathered motel that had a change of zoning, but the <br />doctrine of vested property rights allowed them to continue the use under the grandfathering <br />status. Attorney Vitunac read the Circuit Court's decision on that matter, which concluded that <br />here was a 13 -month interruption of motel operation that was caused by necessary repairs and <br />renovations and therefore did not trigger a discontinuance provision in the zoning ordinance. He <br />believed that that discontinuance ordinance was very similar to ours, and he read that portion <br />relative to non -conforming uses and cessation of use. <br />April 24, 2008 22 <br />Special Call Meeting (The Source) <br />