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RM 02-17-78
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RM 02-17-78
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Redevelopment Commission Meeting <br />Friday,IFebruary 17, 1978 <br />DISCUSSIONS: <br />Mr. Nimtz: Yes, it is fixed; the amount of the bond is fixed by <br />Jud a Miller. <br />Mr. Anderson: If the bond is granted, would the project be able to <br />start proceedings, and the stay be lifted? Is that what the proceeding <br />is all about on Monday? <br />Mr. Chapleau: The purpose of the bond, if a bond is posted, would <br />cause the stay to be in effect. I don't think at the time he granted <br />it, he considered the fact that the rule provides that the stay is not <br />eff ctive unless they have a bond. So, the stay would be in effect if <br />thQV post the bond; if they don't post the bond, then it is my position <br />that the stay would not be in effect. <br />Mr. Wiggins: I think it is important to realize, and I assume that <br />everyone understands this, that they could lose, yet win, because if they <br />are able to delay this project long enough to the point where the project <br />does not go because of the delay, or fails because of the delay, then they <br />could (as they have already lost it once) lose an appeal, but would still <br />win because they would have accomplished their purpose. <br />Mr. Chapleau: It is a very real fact that if we can't convince the Court <br />of 4ppeals or the Supreme Court to give us a speedy hearing, this project <br />may fall through. So they could win - -if you call that a victory, to stop <br />this thing, then they would have succeeded. <br />Mr. Wiggins: This is a very negative type victory; considering the <br />fac that this has already had the full judical bit, the hearing, the ruling, <br />etc.. <br />Mr. Chapleau: I will go on record right now that I asked their attorney, <br />Tim thy Woods, to stipulate with me to request, either the Court of Appeals, <br />or the Supreme Court to give us a speedy hearing, and he refused to do that. <br />He said he would not do it. <br />Ms . <br />Mr. <br />Ms. <br />to <br />pro <br />wi tl <br />Jeanne Derbeck: Did Mr. Woods say he wouldn't ask for a speedy hearing? <br />Chapleau: He wouldn't agreed to do so. That is exactly what he said. <br />Jeanne Derbeck: Isn't it a fact that merely by the process you now have <br />Io through, getting the transcript, the filing process, and the answering <br />:ess, that the length of time can be controlled by their attorney, which <br />i that alone, swallows up to six months? <br />
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