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4/26/1988
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4/26/1988
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
04/26/1988
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technicalities of the notice. Attorney Vitunac did not feel the <br />court would overturn this action unless the applicant was truly <br />prejudiced. He pointed out that this lawyer has been with this <br />project for years; he knows the issue better than anyone in this <br />room; he presented the same arguments before the Planning & <br />Zoning Commission; he was fully aware of this appeal coming up; <br />and Attorney Vitunac felt sure he is ready to go today and that <br />we will hear a great presentation shortly. He has not been <br />prejudiced. <br />Attorney O'Haire, to make the record clear, confirmed that <br />he has been involved with this property for a considerable period <br />of time for Leonard Farber & Assoc., Inc., the contract purchaser <br />of the property, but he has been retained only within the last <br />week by Vista Properties, Inc. <br />Assistant County Attorney Collins came into the meeting and <br />informed the Board that the provisions we have been listening to <br />so far under Chapter 125 provide for 30 day mailed notice, which <br />the Clerk has said took place; there is also a question as to <br />whether the advertisement was proper, and it has been <br />readvertised. Attorney Collins wished to call the Board's <br />attention to Chapter 163.3184, Paragraph 15(a) which states that <br />the notice requirements of Chapter 125, which have to do with <br />zoning, are superseded by this sub -section as regards trans- <br />mitting or adopting of comprehensive plan amendments. The notice <br />requirements of Chapter 163 state that local government shall <br />hold two public hearings as follows: first at the transmittal <br />stage (which is this public hearing) which hearing shall be on a <br />week day approximately 7 days after the first advertisement is <br />published. The intention to hold and advertise the second public. <br />hearing shall be announced at the first public hearing, and the <br />second public hearing shall be held at the adoption stage <br />approximately 5 days after the second advertisement is published. <br />Attorney Collins felt the point is that if we have readvertised <br />within a week of this hearing, then the notice requirements for <br />42 <br />APR 26 1988 <br />R00F <br />72 C2O1 <br />
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