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APR 2119$2 goon 49 F 0 —64 <br />work with the idea of developing a retail store and in September <br />of 1981, retaining the services of Timber Steel Buildings, Inc., <br />for the purpose of completing his plans and coordinating with the <br />county to go through the necessary procedures, obtain permits and <br />comply with the regulations necessary to allow site plan approval <br />and ultimate construction. On November 3, 1981, after Mr. Howard <br />Friedman of Timber Steel Buildings contacted the Planning <br />Department and was assured the building could be constructed and <br />would be in conformance with county requirements, Mr. Wilmoth <br />signed a contract with Timber Steel Buildings, Inc., in the <br />amount of $32,500. Thereafter, Mr. Friedman had on-going <br />discussions with Planner Dennis Ragsdale, mainly by phone, re <br />meeting the necessary requirements, and the site plan package was <br />put togetkier and filed -vi th thb Planning Department on December <br />28th, 1981, based on the belief that all preliminary requirements <br />had been met. It was not until January 12th, when Mr. Wilmoth <br />went to the Planning Department to discuss a minor matter that he <br />was advised by the Planning Department that they would have to <br />recommend denial due to the Land Use Element having been adopted <br />by the County Commission about 7 days earlier. <br />Attorney Quinn emphasized that initial discussions with the <br />County never hinted at any change in the use of the land, and <br />substantial time and money were invested in reliance on what was <br />thought to be a routine site plan approval. The application <br />process was on-going before the adoption of the Land Use Element, <br />and he, therefore, believed his clients qualify for equitable <br />relief under the section of the Comprehensive Plan Ordinance <br />relating to "vested rights," which involves a doctrine of <br />fairness or equity where a person has acted in good faith and has <br />incurred substantial expense in reliance thereon. He further <br />reported that he has letters from Raymond Casin and Edward Prine, <br />land owners adjoining the Wilmoth property to the south, stating <br />that they have no objection to retail stores being built on the <br />subject property. <br />64 <br />_ - <br />