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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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(6) Can the County ignore or waive the appeal requirements of its ordinance? <br />(Answer: No, this is a quasi-judicial requirement and strict compliance with appeal <br />requirements and conditions is necessary to create jurisdiction) <br />Attorney Henderson opined that the case on jurisdiction should be seen as compelling <br />because the County Attorney is advising the Board that he sees the same defects as they have, <br />and he did not think the Commission has any other choice but to hold that the appeal filed on <br />November I" was untimely, and that the letter delivered on September 7th was not the proper <br />appeal. He urged the Board to find, as it did on February 13, 2006, that it lacked jurisdiction to <br />hear the merits of this case. He made it clear that they think they have merits on their side in this <br />case. <br />OPENING STATEMENT BYATTORNEY O'HAIRE <br />Michael O'Haire, Esquire, Law Firm of O'Haire, Quinn, Casalino, Offices on Cardinal <br />Drive, Vero Beach, Attorney for the Metzes, Hedin's, and other neighbors adjacent to The <br />Source property, informed the Board that he would be taking some testimony, and would show <br />that what The Source is desperate to achieve is to prevent the Board from hearing this case on the <br />merits. <br />Attorney O'Haire drew attention to the County Ordinance relating to appeals (§902.07) <br />listed at page 4 of the backup, and asked the Board to look with him at the Ordinance under the <br />heading of "appeal procedures." He argued the issues of the Ordinance's requirement for Notice <br />of filing, when the appeal time ran out, and highlighted its relevance to this case. He promised to <br />provide evidence from the neighbors regarding their knowledge of The Source coming into their <br />neighborhood, or that the McCoy's letter existed. <br />April 24, 2008 6 <br />Special Call Meeting (The Source) <br />
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