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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 119 of 123 1 Mark Micol: What is the remedy? If we agree with Mr. Buck, where do we go from there? 2 3 David Rooks: Obviously, there is nothing you can do about that plat. People have bought houses and live there 4 now. What he said in his argument and that is what I was really waiting for was that the remedy was looking to 5 the county to make all the recreation improvements that aren’t there in his mind. 6 7 Larry Wright: I never could get that… so all these mistakes so what. What is the end point and I asked him what 8 the end point was. 9 10 David Rooks: All you can do is say that there was or was not an error and that you uphold it or overturn it. At 11 that point, I am not sure what happens next. 12 13 Jeff Schmitt: Let’s go back to the state statute that relates to … 14 15 Larry Wright: How long you can have it? 16 17 Jeff Schmitt: Vesting… the five years. What precedence does that have on any of this? 18 19 David Rooks: I don’t think that has a lot of bearing on this. I think a lot of bearing is there is a statutory vesting 20 that both sides talked about which is if you have a permit issued to you, you essentially have the right to rely on it 21 for a period of time but at some point, a local government is entitled to cut you off if they have a provision doing 22 that. There was no sunset in the ordinance in 1986 on a permit, is that correct? 23 24 David Blankfard: A lot of times these sunsets are imposed on contractors to get them to move on. The 25 contractor was ready to go in 1986. He had to wait until the county was ready. 26 27 David Rooks: Chatham County does not have a local ordinance sunset for SUPs. 28 29 David Blankfard: I think that sunset is for making contractors move. You get a special use permit, use it, build. 30 31 David Rooks: If you wanted to avoid the special use permit is where it comes into play. It was approved in 1986 32 but not issued until 1998. 33 34 Jeff Schmitt: What is the legal document from the court’s perspective? Is it the Special Use Permit? Is it the 35 filing of the plat? The filing of this thing with all the stuff behind it relation to what’s going to be done by the 36 contract? 37 38 David Rooks: If you got into a litigation of the validity of the special use permit, among the things the court would 39 look at is the special use permit itself and the documents it incorporates by reference which is typically a set of 40 plans, and the plats issued in reliance in the special use permit later on. 41 42 Jeff Schmitt: They not filed until 1998. 43 44 Larry Wright: But they were the same as they were… 45 46 Jeff Schmitt: No. We had a different developer at that point in time. What was filed in 1998 I believe was 47 different, streetwise… 48