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PIP - I AUG 19 14 - box 47 Stu 285 PUBLIC HEARING RE APPEAL OF VERO BEACH CIVIC ASSOCIATION, JOHN MORRISON AND NORMAN BADENHOP, CONTESTING APPROVAL OF THE SITE PLAN OF THE SURF & RACQUET CLUB BY THE PLANNING & ZONING COMMISSION. THE HOUR OF 4:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being a _ /!.�%Z in the matter of ><L in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before m this day of A.D. c% . (Business Manager) (Clerk of the Circuit Cour than River County, Florida) (SEAL) NOTICE Notice is hereby given that the Board of County Commissioners of Indian River County will conduct a public hearing regarding the appeal of the Vero Beach Civic Association, Inc., Mr. John Morrison and Mr. Norman Badenhop, contesting the approval by the Indian River County Planning and Zoning Commission of the site plan of the Surf and Racquet Club at its regular meeting on June 11, 1981. The public hearing in relation thereto at which parties in • interest and citizens shalt have an opportunity to be heard will be held by the Board of County Commissioners, in the Council Chambers of the City Hall, • Vero Beach, Florida, on Wednesday, August 19, 1981, at 4:00 P.M. _= If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim _ record of the proceedings is made, which record includes the testimony in evidence on which the appeal is based. Board of County Commissioners Of Indian River County, Florida By: -s -Patrick B. Lyons Chairman' Aug. 1, 1981. QUESTION AROSE AS TO WHETHER THOSE MAKING THE APPEAL HAVE THE STANDING TO DO SO. ATTORNEY O'HAIRE CLAIMED THAT RECENT DECISIONS OF THE THIRD In DISTRICT COURT OF APPEALS HELD THAT AN ASSOCIATION SIMILAR TO THE CIVIC ASSOCIATION DID INDEED HAVE STANDING TO CHALLENGE IRREGULARITIES IN THE PROCEDURES BY WHICH PLANNING & ZONING MATTERS ARE FINALIZED. ATTORNEY HOULIHAN HELD TO HIS POSITION THAT IT WAS INCUMBENT UPON MR. O'HAIRE TO ESTABLISH THAT HIS CLIENTS HAVE A STANDING TO MAIN- TAIN THIS APPEAL AS "AGGRIEVED PARTIES" AND TO ESTABLISH THAT THEY WILL SUFFER SPECIAL DAMAGES AS A RESULT OF THE SITE PLAN APPROVAL.