7/21/1987 - Laserfiche WebLink

Metadata

Thumbnails

Annotations

M rehearing of a special exception. The Code says that the action of the Board of County Commissioners is final and that the only appeal from a final decision of the Board of County Commissioners is to Circuit Court. Such an appeal must be made within 30 days after the action, and apparently that has not been done. That brings us to the question of what the Board's powers are when the Ordinance is silent on any further review of this matter. Attorney Vitunac continued that the only way the Board could rehear this issue is if any member of the audience could show that the special exception was granted as a result of fraud, illegality or false information. If the County Commission tried at this moment to hear this matter and did revoke the special exception, the Board would lose under a taking issue and would suffer substantial monetary damages if the applicant filed suit in court. Without proof of fraud, illegality, or false information, the Board has no legal right to take away a special exception since that exception is a property right, and once the appeal time has expired, the property owner has an expectation that he can proceed in spending money on the development of his project. Andy St. Pierre, owner of the property adjacent to the proposed site, stressed the traffic impact, and felt they got the shaft, because there were only two people who wanted this and 500 who did not. Robert Hall, 2520 6th Street, wished to bring to the County Attorney's attention a recent Supreme Court decision that needs to be considered which holds the Board liable for any damage they have done. He felt that this special exception use was granted just through a trick in semantics, and that all of the people around there will suffer damage. He urged the Board to consider this recent court decision. Commissioner Eggert understood that in order to schedule a public hearing to reconsider the special exception, we would have 41 BOOK ►JUL 2 1 6N't