Bachman/Northwest Highway Community Association

Feb 21st, 2002

May 11, 2002

Fare West

Board of Adjustment

Additional Amortization Hearing

Federal Judge Jerry Buchmeyer ruled in December that Fare West and Baby Dolls get to have another Board of Adjustment Hearing to determine if they should be given additional time to recover their investment made prior to the zoning change. The Board voted unanimously that Fare West had already had more than ample time to recover their investment.

BUT WAIT ! ! ! On Saturday, 2-23-02, Fare West attorneys got the decision overturned by a State Judge. Why?!, you ask. Because proper notice was not posted. I heard SOB Attorney Chuck Quaid telling one of the Asst City Attorneys about this PRIOR to the Hearing. Wondering why the City would proceed with the Hearing, knowing that inadequate notice had been posted, I spoke with City Attorney Madeleine Johnson. She explained that the reason the Judge overturned the hearing was because the Open Meetings Notice was filed less than 72 hours prior to the Hearing. I thought it was about the public notice in the newspaper. City Attorney Johnson said we misunderstood which notice was being discussed. Hmmm . . . So, I spoke with Chuck Quaid, not that we have started believing SOB attorneys more than our City Attorney, but got an interesting response . . . he said if he had been told that an insufficient notice had been given, he would have asked himself about all notices that are required to be posted.

Needless to say, Fare West gets yet another Board of Adjustment Hearing. It WAS rescheduled for March 18, 2002.