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the Board. He would like to have some clarification on this Board's intention. Commissioner Bowman asked if the Minutes from the meeting of September 6, 1988 are clear, and Chairman Scurlock felt the thing that possibly was not clear is whether there was a formal motion by the Board to refer it to the P & Z for a County -initiated rezoning request. Commissioner Bird agreed that there is very definitely a question on whether the Board's intention was made clear. Administrator Collins advised that after that meeting, he wrote a memo to the Planning staff directing them to initiate a rezoning, which is scheduled to be heard by the Planning & Zoning Commission this Thursday night. Yesterday, however, we had a meeting with Attorney Gary Brandenburg, who is representing someone with an interest in that site saying that they were threatening to sue us over that rezoning and take us into federal court. Attorney Collins did not know if such a lawsuit would have any merits, but Attorney Brandenburg has suggested that we delay any further rezoning action on this property until we see how the first set of lawsuits shake out. We do have a trial date, or at least a docket call, for the end of this month on one lawsuit. Chairman Scurlock felt it should go in front of the P & Z in a public hearing, and if there are reasons to delay, Attorney Brandenburg can explain it at that time. Administrator Collins advised that Attorney Brandenburg pointed out that there was no official motion to direct the rezoning, and that the Minutes of that meeting reflect that it was done based on the discussion and consensus at the time. Commissioner Bird stated that it was his recollection that the Commission did not take any formal action on directing the Administrator or staff to initiate a further rezoning on this property. He would have voted against it if there had been such 45 1988 BOOK FriE489