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<br /> ~......~.... '"'" "..L">~IUQ,U 4:':.J l.Jl)':l; <br /> .. H"" _ ~ ~ M ~. _ ... ~ .~ <br /> Jermone Filla, Esq. <br /> . June 1.2, 1992 <br /> Page 3 <br /> Mr. Foster's position is that he attempted to contact the City <br /> staff, and that the City staff provided hint with ilnproper advise <br /> which he relied on and therefore, based on -that relianoe, <br /> believed he. had a vested right to that building permit if he <br /> complied with itffills A through F of Council meeting of Decelllber <br /> la, 1.990. At no tilne did the City state that Mr. Foster's <br /> project was dead. The March 9, 1.992 letter stated that his <br /> request for an extension had been denied which was not <br /> appropriate, and was not supported by the actions in the December <br /> 30, 1.991 Council meeting. <br /> My position is that Mr. Foster did everything possible to <br /> work and Cooperate with the City, and expended $124,000.00 based <br /> on his expectation and belief that he had a right to obtain a <br /> building permit if he complied with the items set forth in the <br /> Deoel!lber 1.0, 1.990 Council Motions. I believe that the section of <br /> Mr. Bergly's report in December 30, 2991, is further an example <br /> of confusion as to the Council action. Therefore, I respectfully <br /> request the City to approve this matter. <br /> . sincerely, <br /> BALYK&~ <br /> ~7iJ/!t-V <br /> Thomas P. Balyk <br /> Attorney at raw <br /> TPB/~ <br /> Enclosures <br /> cc; Mr. Dennis Foster <br /> Ms. Kathy rago <br /> . <br />