HomeMy WebLinkAboutCorrespondence Miscellaneous 12/12/2007
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L1MBIRD Andrew
From: GRILE Bill
Sent: Wednesday, December 12, 2007548 PM
To: SMITH Jerry
Cc: LEAHY Joe (HL), KNAPEL Carole, HARRISON Richard, LEWIS Richard (Captain), MOTT Gregory,
DONOVAN James, L1MBIRD Andrew
Subject: RE Response to LUBA Appeal
Thanks Jerry This IS a "substantial eVidence" game at this pOint, based on what IS already In the record Our
challenge Joe's challenge In putting his draft bnef together IS to rebut each and every one of the
"assignments of error" by pOinting out that the Council's deCISion was correct based on substantial eVidence In the
whole record, and that each of the appellants assertions are either unfounded or not compelling based on what
we have nght now In the record I've expenenced appeals where we voluntanly asked for a remand to reopen the
record and beef It up with additional eVidence I don't believe that IS necessary In this Instance but defer to Joe's
analysIs, which IS being reviewed by LU atty AI Johnson under a contract between DSD and AI Johnson I'm not
terribly concerned at this pOint, but decIsions left to any appeal board are always cause for anxIous times until the
matters get decided Andy Llmblrd IS available to help Joe Sift out record stuff as needed Thanks
Bill
From: SMITH Jerry
Sent: Wednesday, December 12, 2007 4:20 PM
To: GRILE Bill; LEAHY Joe (HL); KNAPEL Carole; HARRISON Richard; LEWIS Richard (Captain)
Subject: Response to LUBA Appeal
Here are some of my reactions to Olson's comments
Datn Received: /J-)fbJ
Planner: Al "/
12/13/2007