03/12/1983 Council Minutes - Laserfiche WebLink

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that permit and therefore he should have the right to continue the activities . I have reviewed a number of vested rights cases in this regard and I think that ' s the sole issue and I found instances where there have been activities where developers have not invested nearly the time nor the expenditure in a development and I feel that the case law in that regard as well as the equity , quite frankly the equity in this case , are such that the court is going to allow the developer to continue . To put it more hypothetical. to you we have a decision by Judge Dablo in 1982 that indicated that this proposed special use permit is in conformance with the ordinance regarding its issuance and performance with the draft comprehensive plan at that point in time and we have a decision that Judge Kameyer has issued indicating that the ordinance and special use permits are not unconstitutional . It ' s quearable what would happen if Mr . Blackbird came back in with an exact special use permit and asked you to approve it verbatium . M Mr . Chariman , Bill, we have an ordinance and according to Para- graph 6 . 21 it talk& about 3 years . It' talks about 12 months , OK is that right? (Right ) Now, Mr. Blackbird stated in 1979 which I think is a little over 3 years , whatever month it might be , close to 3 , that they have been working on this. And all , ever in the last 12 months , as far as I know, I think we have to show cause I don ' t think anything has been done in that area as far as construction goes . I think your point ' s well taken . He has previously done that . However , we ' re confronted with , again tonight another request to support the con- tractor in his efforts , I think that ' s coming . I -.think Mr . Blackbird , Jerry, if I 'm wrong say so and I don ' t think at this point in time that we ' re in a position to start supporting all these situations where it costs the taxpayer and the village a relatively large amount of money . We ' ve already lost , what is it Dicki $50,000 - alright $80, 000 and we as citizens along with myself and everybody out here and all the constituants out there have paid that bill . Now here again we ' re asking for the same situation and the devel.oper themselves say they don ' t have the money. Council that brought this forward say they don ' t have the money and I think it ' s time we come to the conclusion that we cannot support a private business on taxpayers dollars . It ' s time that we came to the conclusion that Hey , if you -13-