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County Attorney Vitunac advised that there was a small <br />problem with the Proof in that the first advertisement of this <br />public hearing had transposed words saying that the Planning & <br />Zoning Commission would hear an appeal from a decision of the <br />Board of County Commissioners, which, of course, is impossible. <br />This was pointed out by the Planning staff after the deadline had <br />passed; so, they then ran a corrected ad which was published <br />April 13th. Attorney Vitunac advised that he felt this hearing <br />can go forward as long as there was no detriment to anyone who <br />might have been here and would have been misled by the original <br />publications. He pointed out that the language that was wrong <br />was in the fine print; there is'a map; all the proper notices are <br />in the front; and a corrected notice was advertised. <br />Attorney Vitunac asked, for the record, that anyone here in <br />the audience for the Vista Properties item raise their hand, and <br />he then asked that the record show that virtually everyone in the <br />audience, probably over 100 people, raised their hands. He asked <br />if the lawyer for Vista Properties had any objection to that <br />advertisement. <br />Michael O'Haire, Attorney for Vista Properties stated that <br />they do protest the notice of this hearing both under Chapter 125 <br />of the Florida Statutes and as published. They feel it has been <br />detrimental and prejudicial. <br />Attorney Vitunac wished to give his opinion that the <br />applicant's objection -to our notice published in the paper is not <br />soundly based. However, he does have a letter from Mr. O'Haire <br />raising a second issue on the advertisement and that was that his <br />client was not notified by letter from the county as required by <br />state law. This was just brought to our attention yesterday, and <br />Attorney Vitunac continued that he asked the Zoning Department <br />whether the required letter has been sent to all property owners <br />of the land which will be subject to this rezoning. <br />Staff Planner Nearing advised that he checked with the <br />County Commission office which has the standard practice of <br />37 <br />APR 2 6 1988 <br />Boy 72 W;E 196 <br />