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� r � <br />Attorney O'Brien counselled that the downside to that is that <br />the Board would be determining that there is a need and once that's <br />been done, Mr. Cairns is over one of the hurdles. If he refuses <br />the assignment, he is in very good position because he's not <br />arguing need anymore, so we may end up paying for the railroad <br />crossing. _ <br />Commissioner Eggert reiterated that her motion was conditioned <br />on a proper site plan. She asked why the Alternative 3 was <br />offered, and Attorney O'Brien explained that it was offered in the <br />hopes that Mr. Cairns would accept it, but apparently that would <br />not occur today. <br />County Attorney Vitunac advised they could approve Alternative <br />3 on the condition that Mr. Cairns agrees to pay for the railroad <br />relocation; otherwise you find that there is no need. <br />Attorney O'Brien suggested they could do as Commissioner <br />Eggert suggested that there is no County need, but there is a <br />developer's need. <br />Commissioner Eggert added that if there is no approved site <br />plan, there is no developer's need. <br />County Attorney Vitunac added that if the developer does not <br />accept the assignment and pay for the railroad relocation, there's <br />no more need and we're back to where we are now. <br />THE CHAIRMAN CALLED THE QUESTION and motion <br />carried unanimously. <br />Commissioner Tippin wondered if his father knew what he was <br />creating when he started Storm Grove in 1918. <br />53 <br />April 9, 1996 Boa 97 PAGE 7850 <br />