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Planning and Zoning Commission Minutes <br />Yuly 21, 1994 <br /> <br />Page 14 <br /> <br />Mr. Newton said in denying this use, you have affectively denied at least <br />temporarily his right to use that property for a reasonable purpose. He does not <br />have a clear way to get to it. He said he is trying to caution the board that they <br />have exposed the county to a potential taking lawsuit. <br /> <br />Mr. Jeter said that might be true if he owns the property, but he does not own it. <br /> <br />Mr. Hamby said there are several other issues that are involved there. Is the <br />action tonight going to be the taking or will the action of 1983 have been the <br />taking? Is he the person who has had something taken, or is it the Parker's, or <br />both? Mr. Hamby said there is a lot of issues but it. is not very clear with the <br />current state of the law with the Supreme Court decision so recent as they are in <br />some of these areas. He said there is really no waY to predict exactly how a <br />court would view this entire situation. <br /> <br />Mr. Newton said the reason he and the attorney brought it up is because they <br />want the board to be as informed as possible on their decision and that they <br />understand implications. <br /> <br />Mr. Jeter MOTIONED that the board table this request for issuance of permit <br />until the board's next meeting. At the next meeting, Mr. Jeter said he thinks that <br />the board needs to know who the other property owners of record are and what <br />the status of those other lots are. He said he does not feel that the board has <br />enough information to make a good decision. <br /> <br />This motion was seconded by the Chair. <br /> <br />There being no further comments, the vote was 6 to 3 to Table this request until <br />the next meeting. Mr. Brownlow, Ms. Davis, Mr. Drye, Mr. Dwiggins, Mr. <br />Jeter, and Ms. Randall in favor of tabling this request. Mr. Allison, Mr. Moose, <br />and Mr. Smith against tabling this request. <br /> <br />The Chair introduced the fourth item on the Agenda, Zoning Atlas Amendment: <br /> <br />o <br /> <br />Applicant: loe Crum, Petitioner - Frank White, Owner <br />Request: Petition 94-03 <br /> <br />This was a request to the Cabarrus County Planning and Zoning Commission <br />from Joe Crum, Petitioner and Frank White, Owner to have their property located <br />on U.S. 601 South, Map/PIN 5546-82-5922, rezoned from Low Density <br /> <br /> <br />