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r NOV19 2 83 5 rAui 20 The first time we even suspected there had been a site plan hearing, or that the site plan had been approved, was when Mr. Ennessy noticed fill dirt had been dumped on the F-1 parcel to within 15 feet of the sidewalk. Through calls and inquiries on October 11th, we were informed the site plan had been approved and that all permits for building and beginning of construction had been issued. Thereafter, he and I met with you and Mr. Michael Wright on October 13th in Mr. Wright's office. During our meeting, we presented our position as to lack of notice in the taking of my clients' property rights and in- terests. My client requested and was promised notice; none was given. The granting of the site plan without notice to my client under these circumstances, especially when a county employee assured notice would be given, constitutes the taking of my clients' Property rights and interests, and affects their property values without due process. Furthermore, the granting of the site plan, because of the dangerous situation caused by the uniqueness of the Russell Concrete road, creates a hazard and danger to the public welfare. The lack of due process and the fact that the allowance of the site plan blocks the view, safety, accessibility, value, overall aesthetics and advertising display of my client's property; is no less a property right infringement even though it is an intangible that is being taken. During our meeting I presented our position that we felt we had sufficient grounds for the County Commission to tempor- arily abate the site plan approval in order to hear and con- sider my client's'position on the issue of the granting of an appeal and the presenting of our position as to the site plan. However, you informed me that there was. little or nothing that could be done because the 10 day appeal time had expired. For the most part, the time in which an appeal may be brought is absolute and final, but those are usually matters where all parties have had their say, stated their position and have had a determination on all of the evidence and facts. In many cases, appeal times have been extended on various grounds such as newly discovered evidence, excusable neglect, lack of proper parties, mistake in the evaluation of the facts making up the final determination, and equity. In informing you that we would request an emergency appeal before the County Com- mission, you informed me that a simple written request was all that was necessary, and, that it would probably be the position of your office that the appeal would either not be granted or would simply be denied. Regardless, and in order to he in a position to exhaust my client's remedies, and to lay the proper predicate for protecting its position and interests, an emer- gency hearing is requested to determine if my client should be allowed to present its position before the full Commission as to whether or not an appeal on the approval of the site plan should be granted, and,•whether or not the current site plan approval should be temporarily withheld pending a full and re -consideration of the site plan. This request is for- warded to you in your capacity as attorney for your client, Indian River County, Florida, and the Indian River County Board of County Commissioners.. Regardless of what the position of your office or of the County may be, my client is currently evaluating its position and potential remedies and courses of action in all matters which have occurred to date. Regardless of what my client's position might be, and regardless of what action may be taken concerning the County Planning and Zoning Commission, the County Staff, the Luria's site plan approval, the Russell Concrete Road, the mobile home parcel immediately north of and adjacent to the Luria's Center, my client wants to be actually and formally notified of any and all.matters whatsoever con- cerning any and all such properties. As attorney for the County of Indian River, you are hereby placed on notice and should accept this letter as our formal request for actual written notice on all such items. All such information and notices should be directed as follows: _ _ �40