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The problem is the timing . We can discuss with the court the new fact from <br /> the water district. The court however , does not like to continue old <br /> cases . Dave thinks they '.could agree to a reasonable amount of time to get <br /> more facts from the water district . <br /> Richard asked what Dr . Mcconald has to gain , what could they win? <br /> Dave said the court could require there be a greater contribution for <br /> repair of the road or they don ' t have to repair it at all . <br /> The court could relieve them of the minor issues . <br /> Richard asked if there are damages against the Town involved? <br /> Dave does rot see any . He may not have to improve Back Road and he warts <br /> to keep his 11 lots , not 5 under current zoning . <br /> Dave asked if his special permit plan was also his definitive plan? Did <br /> that second step happen? <br /> Tony said if it didn ' t happen then he has no subdivision . This will nave <br /> to be reviewed . The definitive subdivision approval is usaaljy given <br /> immediately after the special permit is approved . <br /> Dave explained time is smayea during lit4 gat ion . <br /> The court could find all other cond7zions , except zne 'water , uiraasorabie <br /> but he could appeal that <br /> Richard asked , if the court gave him everything , he ' ll get 2 years for nis <br /> special permit? Why don * i: we offer him two years to get his water in . He <br /> said it would be there in 18 months . He ' s not going to get more tnan two <br /> years from the court , if he wins . <br /> Tony asked how many days in coart it would be? <br /> Dave said probably 1 day , no more than 2 days . <br /> Tana asked what the advantage is to zne Town to compromise , rather than go <br /> to trial ? What w 11 we gain? <br /> Dave said if you compromise you get a little more control . <br /> Richard does not think we would win out right in court . <br /> Tony said if it goes to court, a decision would not be rendered until <br /> probably the end of this year . If he wins , then his two year period would <br /> begin about Jan . 1995 . He suggested offering 24 months from Dec . 31st , <br /> Dave said he will have to accept the risk that if things don ' t happen <br /> Ur;ugh the 3rd parties , he will have to pick up the ball or loose the <br /> permit. <br /> Dave said wAn the judge sees the letter from the Water DisLract. he will <br /> probably tell the two parties to go cack and talk . <br /> Dave said he also takes the risk that when the water district puts the pipe <br /> in they will improve the condition of Back Road . If it is not done he <br /> accepts the responsibility . <br /> 14 <br />