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Since this was a quasi-judicial matter albeit 17 years late, County Attorney Vitunac <br />asked everyone who wished to testify to stand and be sworn as a group. <br />County Attorney Vitunac explained that the matter was considered quasi-judicial <br />because it has to do with a right to a plat and there is no real legislative judgment here, <br />merely a finding as to whether they comply with our rules or not and if they did or do, they <br />would get the plat. <br />Vice Chairman Macht commented that it seemed to him to be more like a civil matter. <br />County Attorney Vitunac proceeded to swear approximately eight individuals and <br />advised them to state for the record they had been sworn when they testified. <br />Deputy County Attorney William G. Collins II advised he had been sworn. He gave <br />a comprehensive review of the prior history of the property, what had occurred at the last <br />meeting, and how the matter had come to this point. He opined that the action taken17 years <br />ago was inappropriate and recommended the Board pass a resolution renouncing that deed <br />restriction/condition of development. He advised that last week the Board tabled the matter <br />in order to review the minutes of the 1980-85 Board of County Commissioners' meetings. <br />At last week's meeting he believed that the minutes may not have any relevance, but in <br />reviewing them he found it interesting that at least 13 times during the discussions it was <br />stated that all requirements for plat approval had been met. The minutes show that a motion <br />to deny the preliminary plat had been made before any concession was made by the <br />developer that he would restrict it. Once that concession was made, the plat was approved. <br />Commissioner Ginn understood that deed restrictions usually run with the land, and <br />asked how a deed restriction can be removed. <br />Attorney Collins explained that deed restrictions are placed on the property by the <br />owner and bind all subsequent owners. The only way a deed restriction can be lifted is by <br />unanimous consent of every property owner affected by that deed restriction. In this case, <br />there was a recorded certification of title by an attorney that everyone with an interest in the <br />property had waived the deed restriction Attorney Collins had double checked the Property <br />Appraiser's records and found that 100% of the owners had joined in and lifted the deed <br />restriction. <br />Vice Chairman Macht asked the scope of the Board's ability to act. <br />November 24, 1998 <br />31 <br />SOF i� ���c� i�J <br />