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if the department would be issuing building permits seaward of the CCCL but Director <br />Keating advised that he could not respond until the Commission makes a determination. He <br />had listened to the March 7' meeting and it was his understanding that the Board did not <br />intend to regulate or prohibit construction seaward of the CCCL where lots lie completely <br />seaward of the line, but he needed the Board to advise their intention. He stated he had <br />worked for the Department of Natural Resources in 1985 and 1986, at the time they were <br />establishing some of these lines, and the lines were not intended to be lines of prohibition. <br />There is no data to support making them lines of prohibition. His opinion was if the Board <br />made them lines of prohibition, they might be acting in an arbitrary and capricious manner <br />because there is no data to support them being lines of prohibition. <br />Mr. Barkett also represented the Ocean Oaks Subdivision and pointed out the lot on <br />a map and indicated where it lies in relation to the 1987 CCCL. He stressed that the Board <br />approved the plat for the subdivision in 1990 and lots 4-8 are completely seaward of the <br />CCCL. While he did not believe that the Board intended by its action on March 711 to <br />prohibit construction, but by their action, they have denied the owners all reasonable use of <br />their property. They have, in effect, purchased the property and opened up a very ripe area <br />of litigation for attorneys. He believed that was not their intent either. He asked for <br />guidance on these two situations so he can give guidance to his clients. <br />Warren Dill, attorney representing David Courage who owns Lot 8, Block B, in <br />Summerplace, advised that his client purchased the lot in November/December 1998 and, <br />before the purchase, he spent extensive time with County staff, DEP, and the Health <br />Department, checking out everything they could possibly think of before purchasing the lot. <br />The conclusion was that the lot was buildable. If any part of the construction extended east <br />of the CCCL, then the entire structure would have to comply with the State Building Code <br />requirements, and the owner was willing to meet them. (s Mr. Dill was speaking, Director <br />March 21, 2000- <br />117 <br />A <br />