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HomeMy WebLinkAboutCorrespondence Miscellaneous 12/12/2007 Page 1 of 1 l} 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