10/10/1989 - Laserfiche WebLink

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BOOK 78 Commissioner Scurlock noted that we could modify our ordi- nances to reflect that there will be no construction where the infra -structure isn't in place. Attorney Jackson continued to emphasize that we must treat everyone the same and fairly. His son has lost his mobile home and his septic tank now; the work he has done has cost him over $5,000; and he has lost the use of his property until he gets the permit. Attorney Jackson believed there was a similar case on 4th Avenue last April where Attorney Peterson claimed the County forced the Brady's to sign a reservation of their property, and the County ended up paying his client $8,500 and Attorney Peterson got $3,400 in fees. Attorney Vitunac advised that we are willing to pay Mr. Jackson for anything over the 60', and that is what Attorney Peterson's client was paid on. That case is not a valid precedent because it involved 30' beyond the original 60'. Attorney Jackson just felt there was a problem with the way his son's application was handled and argued that the County should give his son his permit. Attorney Vitunac pointed out that we have already offered to give him a permit and we will give him one right now if he will give us that deed on the condition that we will hold the deed in escrow, and if he sues and wins, we will give it back to him. He could give us the deed this afternoon, and he will be in there. We could agree to hold the deed without recording it for a certain length of time. Neal Jackson then took the floor and explained in detail the whole procedure he followed in trying to get the permit, empha- sizing that he thought everything was done and that he could go on ahead, but then when he went to pick the permit up, he was told he would have to pay a $1,200 impact fee and at the last minute was told he couldn't have the permit until the County got the 30'. 23