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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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the Board would rule that they are estopped from reversing this, if that was what they wanted to <br />do, because most Boards would not agree with equitable estoppel. He argued that when his <br />client signed the contract to buy the property, the client conducted due diligence and conducted it <br />in a manner that was sufficient. He believed that if one gets a determination letter from the <br />County, they should be able to rely on that and not have to conduct their own investigations into <br />the facts on which the County relied. <br />Attorney Henderson then alluded to Attorney O'Haire's criticism of The Source for not <br />hiring an attorney to look into the background of that determination, and asserted that being a <br />lawyer for a long time, he would have accepted that kind of determination letter as being reliable. <br />He pointed out that to date, his client has spent over '/2 million dollars on this property, which <br />will not be recovered, if they are not able to develop this residential treatment center. He <br />believed Attorney O'Haire's witnesses are confused on the question of when the property was <br />vacated, because Hurricane Wilma occurred in October 2005 and at that time the property had <br />been vacated, so if that is the hurricane they are thinking of, then there is no inconsistency in the <br />testimony. But if they are talking about prior to September of 2004, The Source's testimony and <br />the proof presented shows that the property was actually occupied by residence during that time. <br />He noted that when questioned about whether the property had been vacated prior to the storms <br />of 2004, the witnesses used expressions like, "I believe," "to the best of my knowledge," and <br />giving the benefit of the doubt, Attorney Henderson believed they are confused as to 2005 and <br />2004. He reserved the right to make a final response. <br />CLOSING ARGUMENTS BYATTORNEY 0IHAIRE <br />Attorney O'Haire began with the issue of whether there was confusion of the date of the <br />hurricanes, and argued that there was no confusion and that the witnesses knew which storm they <br />boarded up for. He therefore did not think confusion was an issue, and felt the real basic issue <br />April 24, 2008 49 <br />Special Call Meeting (The Source) <br />
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