2/20/1985 - Laserfiche WebLink

Home Browse Search

Commissioner Wodtke asked if the County Attorney did not feel we could defend this requirement in Court. Attorney Brandenburg did feel we could, but pointed out that we don't know when the lawsuit might be filed; it could be some time within the next five years, if ever. Commissioner Bird stated that he would not think the threat of a lawsuit would encumber the $27,000, but the County Attorney noted that the County would either have to keep these funds in escrow or have funds on hand to pay them back. Commissioner Wodtke asked if it would be the obligation of the developer to put in a dune crossover, and Director Keating stated that it would, as well as to provide a paved walkway. Thomas Collins, the principal involved in the subject subdivision, came before the Board. He explained that some of those developing in this area have expressed the feeling that this requirement could be tested in court. He personally has no intention of litigating the matter, but just wants to protect himself in the event this ever should be litigated so he would have a right to recover his $27,000. He emphasized that he is not in a position to hold up his development at this stage; so, he is in the Board's hands. He had no problem with the County using the $27,000 and stated that he was not requesting that it be put in escrow. Attorney Brandenburg explained that his point is that the County has a lot of laws and ordinances, i.e., setbacks, paving, sidewalks, fencing, etc.-, and if we allow everyone to say they will do what is required, but only under protest because they feel those requirements are illegal, it is possible we won't know what the project will look like for five years until the matter is litigated. Commissioner Bird did not believe he heard Mr. Collins saying that he is paying this under protest, but just that if it is ever litigated, he wants to have the right to sue for re- covery, which he felt everybody has a right to do. 15 EE 2 6 1995 BOOK 9 ��"E?