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<br /> --,. <br />Brand: It is our feeling that, if we can come to an <br /> agreement that our Council accepts and the <br /> Cherryvale Board accepts, we are in a much <br /> better position than if we take in two plans <br /> and someone who does not have a personal <br /> involvement makes a decision about what is <br /> going to happen. <br />Fauson: In the future if we agree not to encourage or <br /> support a 502 can the property owner himself <br /> file a 502 and go to court himself without the <br /> City's support? <br />Griffiths: Under the statute a property owner can file a <br /> 501 action if it is annexed to the City of <br /> Louisville. They must establish, however, <br /> that the City of Louisville has agreed to <br /> provide fire protection to the property owner. <br /> My concern is the wording of Paragraph 10 when <br /> Louisville agrees that it will not encourage <br /> nor support any exclusion proposal pursuant to <br /> Section 502. The broad effect of that may be <br /> the City could not support the property owner <br /> in their own application for an exclusion from <br /> the Cherryvale Fire Protection District. <br /> Would that be your interpretation of it also? <br />Klein: Right, it is important to also emphasis that <br /> this agreement cannot take away from the <br /> property owner his right to petition for <br /> exclusion under statute SOL The property <br /> owner could petition through that and take it <br /> through the appeals process and take it all <br /> the way to the Supreme Court if he doesn't get <br /> the decision that he wanted. He does have the <br /> right, at any time, to go through the 501 <br /> exclusion process. We cannot take that right <br /> away from the property owner. <br />Griffiths: I would just say from a legal prospective if <br /> the Board of a Fire Protection District wishes <br /> to deny a property owners petition for <br /> exclusion under a 501 process they have a <br /> considerably greater amount of discretion in <br /> disapproval under that process than they do <br /> under the 502 process. It is more difficult if <br /> they do not wish to exclude that property. If <br /> they deny it for reasons set forth in the <br /> statute and there is any evidence supporting <br /> those reasons, then it is unlikely that the <br /> property owner would prevail in any appeal <br /> process. <br /> 14 <br />