City Council Agenda and Packet 1982 11 16

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1113/82 Page -9- Attorney Rautenstraus advised he would not know if that is the case. He felt that they would oppose our seeking Declaratory Judgement ; however after it was filed and set for argu- ments he would assume that the Court would possibly want to have arguments; if they allow this, from 2 or 3 different sides. Also, the property owner would certainly have the right to submit differing material than the City submitted, or supplementary material for argument . Leary inquired if the basic disagreement would be over whether the Court should accept this matter. Rautenstraus did not wish to imply that for the property owner - that was an assumption on his part. It would be consistent with their previous position on their part. Leary then inquired if Councilmembers do feel there are other matters pending in this case, do they have any better feeling this evening as to their resolution. Rautenstraus advised if this was filed by the property owner with the Court so that is defin- itely pending before the Court and he would assume that it is in a posture for the Judge to rule; however at their last meeting there wasn't a definite motion to file yet . Leary asked if the motion was to dismiss, rather than seek a Declaratory Judgement. Rautenstraus advised it was asking the Judge to clarify his ruling, as to whether he meant to dismiss the Declaratory Judgement and asking him to dismiss it . Leary inquired if there was any way the City could ask the Court to expedite the issue. Rautenstraus advised they could certainly ask the Court ; however there is no way the Court could be forced to do anything. Advised they would contact the Judge's Clerk and request a status report and request that the matter be dealt with. This is all that can be done. Councilman Leary inquired of Administrator Wurl if he had any data on where Neodata is in terms of proceeding on the project. Are they about to break ground? Director Rupp advised that they had made ap- plication for a building permit and the Build- ing Department has issued it . There has now been an appeal filed by the property owners in the surrounding area that they are not in agreement with the Chief Building Official's issuance of the permit . This is being scheduled with the Board of Adjustments later this month for a ruling on the Appeal.