03/12/1983 Council Minutes - Laserfiche WebLink

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to do something for one person we have to do the same for the others . And if we ' re going to be in any conformity whatsoever as has been so stated by Dave that we ' re open to law suits which it don ' t bother me ; but I 'm just trying to get the point that there has not been any construction . Now that ' s one . Number 2 the courts have laid down the law stating what special use permit is and they reacted to that law and told us exactly what the decision was . Thirdly as Larry Johnson says or before the fact of local Larry I agree with you because we haven 't enacted on this you know, the new laws , because I asked the question if this were actually grandfathered in . I use the work grandfather because it 's before the fact - back in 1979 . Then again you look at something , Jerry , and I remember asking you this ques- tion before , not once , 2 or 3 times , ' ya know, you were talking about perc tests , then you knew I asked ycu that many times about perc tests but you again said explicity that you did not and had not started any construction whatsoever . And that to me in this type of a situa- tion is saying you ' re past the time and granted say you can come back tomorrow and say I 'm applying for a special use permit -and how could we stop it? But there again , you know you go right back to 79 and now its all the way back to 83 . That ' s a long time and you haven ' t done anything and you ' ve been restricted by courts , yes , I agree . Not , I take that back , but the decision most us here , we know what the courts have said . We know what 6 . 21 is saying and I 'm only saying to this council and to you people out there that if we ' re going to be fair to one we have to be fair to all and handle them accordingly . Go ahead , Jerry . BB One other thing I think is rather important . The special use permit , the last one that we got to satisfy the courts , it was dated July 22, 1981 . That ' s 81 dash something . That special use permit was issued I believe , with the understanding that there would be timing and some planning in the stated development it was issued to Metes and Bounds description and subject - to the stuff we did on the plat , the landscaping and building architectural prints . It wasn ' t issued to Lots 11 thru 94 or whatever so the permit in essence waha issued under- standing there would be planning because it was Metes and Bounds , not --18-