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Mr. Abt declared his intent to rescind his offer to sell, if the Commission does not <br />approve the purchase today. In that case, he said he would wait until the County is ready to <br />begin working on the road, and the County's cost would be twice as much. <br />Attorney Collins discussed the prudence of settling with a willing seller, even if the price <br />is above what the Commission perceives it should be. He said the County could be looking at an <br />additional $175,000 in litigation costs, if the sale is not agreed upon. <br />Commissioner Wheeler withdrew his SECOND from the <br />original Motion to deny the purchase with Michael and <br />Taffi Abt. Motion DIED for lack of a Second. <br />Commissioner Solari acknowledged that everything Commissioner O'Bryan had said was <br />accurate and well done; however, he believed his (Commissioner O'Bryan's) Motion would cost <br />the taxpayers a lot more dollars, and stop some necessary road construction. He therefore would <br />move to approve staff's recommendation. <br />MOTION WAS MADE by Commissioner Solari, <br />SECONDED by Commissioner Wheeler, to approve <br />staff's recommendation to purchase the Abt property. <br />Vice Chairman Flescher, taking under advisement Attorney Collins' counsel, felt the cost <br />of the improvements that the County would be paying for would pale in light of the significant <br />costs of going to litigation. <br />Chairman Davis said we could debate the cost of the questionable items, but the cost for <br />so doing would generate further costs, in time and expense. <br />Commissioner O'Bryan felt that the Board was hesitant to take any action because of the <br />perceived costs of challenging one of these right-of-way acquisitions. He acknowledged that on <br />an individual case, this particular acquisition may not justify cost of going to Court to challenge, <br />24 <br />June 2, 2009 <br />