2007-08-31 TIBBETSON - Laserfiche WebLink

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GRAHAM: Go ahead. WOODWARD: If I might reply to CommissioneqHv`rghs`-Hludqd`cnudqsghrBntqs decision several times. And let me just go over a couple of things, The undisputed facts, these are in the Third Circuit Court, Judge StrancdlrcdbhrhnmCdbdladq11+1//5+nSgdtmchrotsdc facts are that Mr. Ibbetson applied for and was granted building permits for the home and swimming pool on the subject property consistent with the requirements of law. Thus, the kdrrdmsh`kbg`q`bsdqlnesgdrtaidbsoqnodqsxv`restablished prior to Mr-Haadsrnmlr`ookhb`shnm enq`Rodbh`kOdqlhstvhsgnts`mxqdftk`shnmr+Mr. Ibbetson could put the property to the following uses: crop production, fertilizer yards using only manure and soil, for commercial uses, group living facilities, livestock production, telecommunicashnm`msdmm`rthshrbkd`qeqnl these Findings of Fact that the presence of the atqh`krhsdrnmsgdtoqnodqty is what drove the Ok`mmhmfBnllhrrhnmlrcdsdqlhm`shnmnesgdkdrrdmsh`kbg`q`bsdristics of the land and the oqdrdmstrdnesgdoqnodqsx-lSghrcdsdqlhmation appears to have been made without consideration of the current residential nature of sgdoqnodqsxcdqhudceqnlLq-Haadsrnmlr construction of his home and associated structtqdrnmsgdoqnodqsxtLq-Haadsrnmlrcddccndr not contain a use restriction. It reserves rights of third persons to enter the property to visit certain identified gravesites on the property. There is an absence of evidence of any intent to maintain the character of the property as a cemetery. Thus, thdOk`mmhmfBnllhrrhnmlr reliance on an undetermined legal hrrtdi`bg`q`bsdqhy`shnmnesgdoqnodqsx`r`kbdldsdqxtrdl after conveyance to Mr. Haadsrnmi`mchsrchrqdf`qcnesgdcurrent residential character and use of the property were `kkbkd`qkxdqqnmdntr-o GRAHAM: Thank you, Commissioner Woodward. Hlckhjdsnlnudenqv`qc+hevd could. Commissioner Iwashita, do you have on the record everything you felt was essential that we get? IWASHITA: Well, from what Commissioner Woodward just read, itlrbkd`qsg`ssgd Court has stated that this issue of use restricshnmhrmnsqdrnkudc-@mchslrbkd`qnmsgdqdbnqc then that, or maybe not, I guess -. Mr. Matsukawa has stated that one of the issues, in the pending civil action, is a request that the Court make a determination as to whether or not the, or to define that, what the restriction means. And so is that true or not true, Mr. Krueger? KRUEGER: That is one of the issues, yes. IWASHITA: And is one other possible outcomes of the Third Circuit Court case then that the Court might determine that the bed and breakfast use is not allowed by the use restriction? JQTDFDQ9Hcnmlsadkhdudsgdqdls any request before the Court to address an issue of bed and breakfast permits since none exists. The issue before the Court has to do with the nature of the deed restrictions. I domlsjmnvhesg`s`mrvdqrxntqptdrshnm- WATANABE: Okay, Mr. Chair? GRAHAM: Yes, Commissioner Watanabe. EXHIBIT A 9