03/12/1983 Council Minutes - Laserfiche WebLink

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tonight , I heard he was , New Tape It ' s not to mention that it ' s a possibility that the affected homeowners in the area adjoining the special use permit currently held by you and E L Rehbein and Sons , they may also start a lawsuit against you from the failure of your body not to enforce all of your ordinances on - a uniform basis . I don ' t think it takes a lawyer to tell your 6 people what the definition of construction is . That ' s why we ' re all tied up in court all the time , that ' s why there ' s a need for lawyers. I think it ' s a simple issue . Now I 'm sure that sometime tonight we ' re going to hear somebody from the Rehbein group saying how patently unfair it would be for you people to revoke the permit . Let ' s look a little bit at this unfairness which I ' m sure is going to be discussed tonight . E L Rehbein and Sons have been represented by very competent attorneys at every step of the special use process . They were , you could no doubt assure yourselves , that were fully aware of the ramifications of 6 . 21 . E L Rehbein and Sons is equally cognizant of the fact that there has been no restraining order on them to prohibit going on and building . Mr . Blackbird ceremoniously acknowledged this fact on 4/12/82 to your body . On November of 1982 E L Rehbein had another permit revoked . Don ' t you think he would have thought this may have some bearing on his next special use permit? All of these facts yet no construction has begun . No construction over 24 months since the day of the issuance of the permit . Now I ask myself why , why , knowing all those facts would this developer not construct . Then I ask myself how, how , could he go ahead and act in this matter with all his prior knowledge and I said to myself it ' s got to be pure and simple economics . In other words, money . He- wanted to wait until the decision by the court came out ., If he were to started building during the pendency of that particular court action , although there was no restraining order , and lost the case , he would have been out of pocket a lot of money . Now he comes back here and asks you people not to enforce the plain meaning of the ordinance . Once again, he doesn ' t want to lose money . Like to pose the following question to this council. Are you going to be governed by the economical decisions of developers , are you going to uniformly apply the plain meaning of your zoning ordinance to all citizens -6-