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~~~ Charles Vickery, associate of Ms. Coleman, pointed out on the various mope of the property in question, presented for inspection, that easements of several types were depicted and some of the area of several lots was under easements yet seemed to have been included in the calculated areas of these lots. Mr. Ferias questioned the fact that University Builders had not surveyed their lot until after they started construction of the building. The people residing in the area had offered to purchase this lot from University Builders before its area was calculated and before University Builders had started construction on the property. Since the County had adopted the Zoning Ordirance and University Builders were in apparent violation of the Ordinance the burden of enforcement should Pall upon the County and not upon the immediately affected persons residing in the area. - Commissioner R3,ahard Whitted then moved the County proceed with its suit in this matter. The County Attorney then stated to the Board he had started this suit at the request of the Board of Commissioners, he was at present pursuing the matter and would continue doing ao unless and until he was directed to stop by this Board. A. B. Coleman questioned the Board as to their action if and when they were' presented evidenoe showing there were other undersized lots in this neighborhood? Would the Board pick and choose as to which lots would have the minimum size provision of Zoning Ordinance enforced against it? John Woodson pointed out at this point that in his opinion this was a matter for decision by the County Board of Adjustments. Edward Bennett, owner of lot #?Ja, in Heritage Hills, stated that as soon as University Builders started construction on the lot he went to the property and advised the representative of University Builders that in his opinion the lot was undersized. Comr^_issionar Melvin Whitfield then stated that in view of the feat trot the County was proceeding with its suit against University Builders he felt it was not necessary for the County to take further action at this time. John Woodson summarized his position by stating that he agreed that University Builders did seem to own the fee title in the street adjacent to the lot in question, however, he felt the County should not consider the area under street easement in calvulating the area of the lot. Clasrles Vickery stated his opinion was just opposite.that'of Mr, Woodson and that the County should consider the area under street easement. Further Mr. Vickery wanted the Board of Commisaionera to ask the County Attorney as to hie opinion of this particular point. Mr. Cheshire stated that in hie opinion Roberta Construction Company could oonvey the Pee title to University Builders. He did not want to coumient about legal significance of this conveyance however. Chairman Norman Walker stated he did not want to proceed with this suit to restraLn University Builders. Commissioner Flora Garrett asked Mr. Vickery and P'~. Coleman about their opinion of the legal significance of the suit Smith VS. The Town of Hillsborough. Mr. Coleman stated that the point in question here was the revocation of a building permit. The Court decided in the Dose that once a permit was issued and a person had expended substantial soma of money in reliance upon the permit the governmental unit could not then withdraw the permit. Mr. [doodson pointed out at this point that the factual situation of the case in hand and Smith VS. Hillsborough were not at all similiar. Mr. Coleman then concluded his clients position b4 stating that when a Board is unfamiliar with the law it should not sue an individual citizen. This deaiaion should be made only when the Board is quite sure of its position. Chairman Norman Walker then stated that this would conclude the discussion of the building permit issue. Fred Herndon, acting Chairman of the Triangle Housing Development Corporation, appeared before the Board to explain the operation of this organization and to request that Orange County fund $1,000 as a portion of the administrative expense of this group until a more permanent funding arrangement could be made. This group has received a funding aommi.ttment from the Farmers Home Administration for two hundred units of rental housing for the elderly. These two hundred unite would be spread out among the six counties in the Region J. Orange County's allocation would be twenty four units. The by laws of this group state that Orange County is entitled to appoint one member to the Board of Directors of the Triangle Honaing Corporation. At present our appointee is Howard Welch. Mr. Herndon stated that this loan aommittment has enabled his group to get on the way towards doing something of significance for the counties in Region J.