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JUL 21198' <br />50 <br />SAMUEL A. BLOCK L <br />2140 10TH AVENUE <br />VERO BEACH, FLORIDA 32960 Y/ <br />SAMUEL A. BLOCK TELEPHONE <br />PATRICIA BOWER BLOCK (305) 562-1600 <br />,MARGARET MANN BLANTON' <br />June 28, 1982 <br />Mr. Doug Scurlock, Chairman <br />Board of County Comrpissioners <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />Re: George Childers' Request to rezone from <br />R-3 to R -2B <br />File No. IRC-82-ZC-6 #45,8 <br />Dear Mr. Scurlock: <br />This office has been retained by Mr. Childers to contact the County for <br />a reconsideration of the decision made by the County Commissioners to <br />not reschedule or continue the public hearing of June 16, 1982. <br />He would further request that the Commission reconsider its decision of <br />not approving the appeal of the decision from the Parks, Planning and Zoning <br />Commission to deny the requested zoning. <br />The vote by the County Commissioners in denying the rescheduling of or con- <br />tinuing the public hearing, and -the denying of the appeal; was 2 for and 2 <br />against. Prior to she public hearing and at the time Mr. Childers became <br />aware that one of the commissioners would be out of town, and not available <br />to attend the Commission meeting at which the public hearing was held, he <br />requested the rescheduling of the public hearing so that what did happen, <br />i.e., a tie vote, could not be a possibility and that he would have the <br />opportunity to have all elected commissioners hear the imput from the county <br />residents, including himself, and then make a decision in an affirmative way <br />rather than a tie vote. <br />My client has agreed in his prior letters, which are on record with the County, <br />to pay for all additional costs, including publication costs, if the public <br />hearing had been rescheduled. <br />Since the County Corimissioners are acting as an Appeals Board, it is our <br />opinion that it is a quasi-judicial'proceedings; therefore, we would <br />respectfully submit that this request for a rehearing is appropriate and <br />deserves consideration by each member of the County Comnission. <br />Very truly yours, <br />Samuel A. Block <br />Some discussion followed as to Mr. Childers filing of a <br />lawsuit against the County. Attorney Brandenburg informed <br />the Board that Mr. Childers had asked that this matter be <br />scheduled at a time when a full Board would be present. It <br />0 <br />