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<br /> Ul.."...~;..~ .J.. il.l.;;;'ClllGll 't:::.J Vl);. <br /> --. 'v ._._, ~__ ~ ",.r.. v -'- '"' -'" J' "'''" '_" ,~. <br /> Jermone Filla, Esq. <br /> . June 12, 1992 <br /> Page 3 <br /> Mr. Foster's position is that he atteJllpted to contact the City <br /> staff, and that the City staff provided him with improper 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 items A through F of Council meeting of Oecelnber <br /> 10, 1990. At no time did the City state that Mr. Foster's <br /> project was dead. The March 9, 1992 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, 1991 Council meeting. <br /> My position is that Mr. Foster did everything possible to <br /> work and cooperate with the City, and expended $114,000.00 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 /> December 10, 1990 Council Motions. I believe that the section of <br /> Mr. Bergly I s report in December 30, 1991, 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 & WISEMAN <br /> ~13;f6i/! <br /> Thomas P. Balyk <br /> Attorney at Law <br /> TPB/~ <br /> Enclosures <br /> co; Mr. Dennis Foster <br /> Ms. Kathy rago <br /> . <br />