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: inversecondemnationCounty Withdraws Motion to Dismiss Land Use Civil Rights Complaint
By rht
The Garden Island reports that a property owner's appeal of the County of Kauai's approval of its permits with allegedly illegal conditions is going forward after the County withdrew its motion to dismiss.
The County Attorney?s Office filed for the motion to dismiss based on the Planning Commission failing to issue a ?written decision and order containing findings of fact and conclusions of law,? which it claims is the only decision the court can review. Without it, there is no subject matter to base a case.
The Planning Commission has this on its Feb. 12 agenda, which, if approved, would apparently ratify the commission?s Dec. 11 approval of Creeksides? permit applications.
Full report here.
Full post as published by inversecondemnation on February 10, 2008 (boomark / email).
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