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<br />cnnis Knowlton <br />955 West Plum <br /> <br />Councilman Leary <br /> <br />Motion to Expedite the Ruling <br /> <br />Councilman Cussen <br /> <br />11/3/82 <br /> <br />Page -14- <br /> <br />Wished to express the frustrations that the <br />citizens have communicating with the Council. <br />Felt they had one shot. He felt that there <br />was one additional thing that had to do with <br />the Declaratory Judgement. It was his under- <br />standing that there was a case in court; now <br />all the sudden there is another thing that <br />has been brought up in Court. The thing <br />had never been judged on the basic issue of <br />making a Declaratory Judgement. It has cost <br />some of the citizens on the Mesa a signifi- <br />cant amount of money. He is not a member of <br />the MCIC, but he was called to give a deposition <br />which cost him $288.00 for attorney fees. <br />He felt this was a lot of money for something <br />he had a personal interest in, but did not <br />volunteer to do that. Stated some very real <br />things had come up in the subdivision out of <br />30 homes, 10 of them are for sale. He felt <br />the Neodata proposal had some impact on the <br />sale of the homes. One of the homes did not <br />sell because of this issue. Three of the <br />four homes that border on the Neodata proposal <br />in his subdivision are for sale. Felt a per- <br />sonal loss as the value of his propprty will <br />decline. He stated if the City seeks a <br />Declaratory Judgement, the MCIC will drop the <br />suit. He spoke with Don Edmonds who appealed <br />the issuing of the building permit. He also <br />stated the appeal would be dropped if the <br />City requests a Declaratory Judgement. He <br />felt this would be the solution to the entire <br />issue and would be a much less expensive way <br />to resolve it. Strongly urged Council to <br />seek the Declaratory Judgement. <br /> <br />Commented he still felt that Council would <br />still be on different sides of the issue if <br />we went into Court on the Declaratory Judgement. <br />He was not certain in this case or future cases <br />it is going to cost the City any more money <br />to go this route. Still felt Council should <br />wait for the other ruling. <br />Councilman Leary moved, Mayor Meier seconded <br />that the Court be asked to expedite the ruling <br />on the MCIC suit that is before them now. <br /> <br />Commented he was willing to wait until next <br />Council meeting so that the Clerk can be asked <br />what the status of this is. He will at that <br />time entertain a motion that the City seek a <br />Declaratory Judgement. <br />