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i40 <br /> <br />COUNCIL CHAMBER - JANUARY 29, 1963 <br /> <br />MATTER RE: CORPORATION <br />COURT'S RULING ON ZONING <br />AND BUILDING CODES <br /> <br />BELLEMOORE AND BRANDYWINE <br />DECISION TO BE APPEALED <br /> <br />PURSUANT TO THE FOLLOWING CALL: <br /> <br />MR. B. J, HAGGERTY <br />MR. R. E, LEE <br />MR. L. B. MOUNT <br />MR. J, R, PONTON <br />MR. L. L. SCRIBNER <br /> <br />TAKE NOTICE <br /> <br />A SPECIAL MEETING OF THE COUNCIL WILL BE HELD THIS EVENING <br /> <br />THE 29TH INST. AT 7:30 P. M. O'CLOCK. <br /> <br />1, To CONSIDER CORPORATION COURT'S RULING ON ZONING AND BUILDING <br /> <br />CODES IN ANNEXED TERRITORY, <br /> <br /> BY ORDER OF <br /> <br />J. S. R,uS.~. JR. (SIGNED) <br /> CLERK <br /> <br />B. J. HAGGERTY (SIGNED) <br /> <br />PRESIDENT <br /> <br /> THE COUNCIL MET IN SPECIAL SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS <br /> PRESENT: MR. HAGGERTY~ MR. LEE, MR. MOUNT~ MR. PONTON AND MR. SCRIBNER. ABSENT: <br /> NONE. <br /> <br /> THE MAYOR ADVISED THE COUNCIL THAT THE MEETING HAD BEEN CALLED TO CONSIDER <br /> THE CORPORATION COURT'S RULING ON ZONING AND BUILDING CODES IN THE ANNEXED <br /> TERRITORY, THE CITY ATTORNEY REVIEWED THE ADVERSE RULINGS AND RECOMMENDED THAT <br /> THE DECISION IN THE BELLEMOORE REALTY AND BRANDYWINE CORPORATIONS CASE BE APPEALED <br /> BUT THAT THE. DECISION IN THE BURRUSS CASE NOT BE APPEALED. <br /> <br /> MR. C, ~. SUBLETT ADDRESSED THE COUNCIL AND URGED THE COUNCIL TO APPEAL THE <br /> DECISION. MR. SUBLETT OFFERED THE FACILITIES OF THE MICHIE COMPANY TO HELP IN <br /> PERFECTING THE APPEAL. <br /> <br /> DR. W. B. POLLARD AND MR, T, K. MAHONE ALSO REQUESTED THE COUNCIL TO APPEAL <br />THE DECISION. <br /> <br /> A MOTION BY MR. SCRIBNER, SECONDED BY MR. MOUNT THAT THE RECOMHENDATIONS <br /> <br />OF THE CITY ATTORNEY BE FOLLOWED WAS DEFEATED BY THE FOLLOWING VOTE: AYES: MR. <br />MOUNT AND MR. SCRIBNER. NOES: MR. HAGGERTY AND HR. PONTON. (MR. LEE NOT VOTING). <br /> <br /> A MOTION BY MR. SCRIBNER, SECONDED BY MR. PONTON THAT THE COUNCIL GO INTO <br />EXECUTIVE SESSION WAS ADOPTED BY THE FOLLOWING RECORDED VOTE: AYES: MR. HAGG.ERTY, <br />MR. MOUNT, MR. PONTON AND MR. SCRIBNER. NOES: NONE. ( HR. LEE NOT VOTING). <br /> <br /> THE CITY ATTORNEY DISCUSSED HIS RECOMMENDATIONS CONCERNING THE ABOVE <br />MENTIONED DECISIONS AND THE STRATEGY TO BE FOLLOWED IF THE DECISIONS ARE APPEALED. <br />MR. LEE WAS NOT PRESENT DURING THE EXECUTIVE SESSION. <br /> <br /> A MOTION BY MR. MOUNT, SECONDED BY MR. PONTON THAT THE EXECUTIVE SESSION BE <br />DISPENSED WITH AND THE OPEN SESSION BE RESUMED WAS UNANIHOUSLY ADOPTED. <br /> <br /> A MOTION BY MR. SCRIBNER~ SECONDED BY MR. MOUNT THAT YHE BELLEMOORE AND <br />BRANDYWINE DECISION BE APPEALED ON THE BASIS OF THE CITY ATTORNEY'S RECOMMENDATION <br />BUT THAT A DECISION ON APPEALING THE BURRUSS CASE BE DELAYED WAS ADOPTED BY THE <br />FOLLOWING VOTE: AYES: MR. HAGGERTY~ MR, MOUNT~ MR, PONTON AND MR. SCRIBNER, <br /> <br />NOES: NONE, (MR. LEE NOT VOTING). <br /> <br /> ON MOTION THE MEETING ADJOURNED. <br /> <br />CLERK <br /> <br /> <br />