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LAW OFFICES <br /> COLEMAN, GLEDHILL &HARGRAVE <br /> A PROFESSIONAL CORPORATION <br /> 129 E TRYON STREET <br /> P.O.DRAWER 1529 <br /> HILLSBOROUGH,NORTH CAROLINA 27278 <br /> 919-732.2196 FROM THE DESK OF <br /> FAX 919.732.7997 GEOFFREY E GLEDHILL <br /> WEBSITE W W W.CGANDH.COM E-MAIL pwffxj9WhJ1 @cp.dh. . <br /> July 12, 2002 <br /> VIA FACSIMILE <br /> Barry Jacobs, Chair <br /> Margaret W. Brown <br /> Moses Carey, Jr. <br /> Alice M. Gordon <br /> Stephen H. Halkiotis <br /> Orange County Board of Commissioners <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RE: Subdivision reconsideration; Statements made by . <br /> Planning Director in minutes .of last Planning <br /> Board meeting <br /> Dear Board Members : <br /> I am writing this letter before I have received and <br /> reviewed a copy of the Planning Board minutes referred to above <br /> so that you will know what I' ve advised the Planning Department <br /> generally about this issue in the past. <br /> When the Board approves a subdivision preliminary plan, <br /> which action always involves exercising judgment and is <br /> therefore quasi judicial in nature, its decision is res <br /> judicata. The Board may not reopen and rehear the matter. Zoning <br /> Hearings: Knowing Which Rules to Apply, David W. Owens, Vol. <br /> 58, No. 4 (Spring 1993). Little v. Board of Adjustment of City <br /> of Raleigh, 195 NC 793, 143 SE 827 ( 1928) . Of course, this res <br /> .judicata right of the subdivision owner is subject to the <br /> conditions of approval and the subdivision owner complying with <br /> the Subdivision Ordinance final plat requirements, both <br /> substantive and procedural. <br />