04/24/2008 (2) - Laserfiche WebLink

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4. COUNTY ATTORNEY MATTERS A. THE SOURCE — JURISDICTIONAL DETERMINATION County Attorney William Collins recapped the backup memorandum of April 18, 2008 and explained that this matter has an extensive history, both administratively at the County level, and in the Courts. He disclosed that the issue centers on an inquiry by Mr. King of The Source as to whether the property on 37th Street could continue to be used as a non-residential treatment center, and the subsequent determination by the Community Development Department that it could. That decision was questioned by the residents of the subject area through a letter from Attorney O'Haire to Attorney Collins. Attorney Collins then referred the matter to the Planning and Zoning Department which subsequently reaffirmed its July 10th decision that the use could continue. Thereafter, an appeal to the Planning & Zoning Commission (PZC), determined that staff had made an improper decision and that the use should not be continued. Attorney Collins explained how, at the PZC Hearing, Attorney Henderson, on behalf of The Source, had raised jurisdictional issues of the timeliness of appeal, and a lack of filing fees, and how he appealed (to the Board of County Commissioners) PZC's decision overturning The Source's right to continue the Residential Treatment Center use. The Commission found at that time that it did not have jurisdiction to hear the appeal, based on Attorney Collins's recommendations. That action resulted in Attorney O'Haire filing a Petition for certiorari in the Courts in order to protect his clients' interests. Attorney Collins reminded the Board of its subsequent actions and of Judge Hawley's Order Denying Petition for Writ of Prohibition, filed by Attorney Henderson. Said Order was subsequently upheld by the 4th District Court of Appeal on December 19, 2007, and the matter remanded to the Board of County Commission to determine, under our Ordinance, whether the County has jurisdiction to hear the case, and if they so find, then the Board would have to hear the appeal on the merits. April 24, 2008 2 Special Call Meeting (The Source)