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MAR <br />27 <br />1995 <br />BOOK <br />l <br />of one <br />brochure states that "seeing is believing." Much <br />laughter <br />followed this statement. <br />Attorney Jackson disagreed with the County Attorney's legal <br />opinion as he felt that the County Commission has the right to <br />deny requests for modification of site plan. He believed that <br />the legal principle of estoppel would apply to this matter. He <br />further believed that the Board would be putting these people in <br />a legally untenable position if they file a lawsuit in this <br />matter because the County would be saying that these improvements <br />are not necessary. With respect to the improvements being major, <br />he estimated that these improvements could be made at an approxi- <br />mate cost of $116,000, which is roughly one month's total rent <br />for the owners. Attorney Jackson advised that he had pictures <br />available of the promised improvements. <br />Commissioner Bird asked what would be the next legal step if <br />the Commission decided to deny the appeal today. <br />Attorney Jackson felt that if the County did not enforce <br />this through the Code Enforcement Board, the residents would have <br />to file a lawsuit and if the Board denied this modification <br />request today, it would at least give the residents an approved <br />site plan to work with in a lawsuit. <br />Attorney Brandenburg swore in Maurice Ed Nelson, President <br />of the Village Green West Homeowners' Association, who spoke in <br />behalf of the 1200 members. He advised that it actually has been <br />nearly five years since the site plan was approved and he <br />reviewed in depth the many improvements promised but never made. <br />Mr. Nelson believed that it would cost the developer over <br />$116,000 to make these improvements, which is certainly not a <br />minor expense. Mr. Nelson recalled that when he and his wife <br />visited the three phases of Village Green the sales <br />representative told them the developer would have to live with <br />any promises they make, and noted that 50,000 sales brochures <br />were sent out all over the country. <br />31 <br />