06 - MINUTES FROM VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES

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in the location that the City told him would be appropriate. In January, Mr. Glick applied for a building permit, following through with the plans that he had been making for the previous six months. He then received his building permit from the City of Paris and had his contractor begin construction of the facility. Mr. Walker stated he would assume you're familiar with the issue that people became unhappy with the fact that Mr. Glick was building this recycling center in this location. Mr. Walker stated he knows many of the people here have a very strong opinion about this issue. Basically, as a result of political process, the city council ended up issuing a stop -work permit and rescinding the building permit, basically advising that this business could not be located on this piece of property. My client, Mr. Glick, now cannot put his business there. He has had months and months of delays, a great deal of financial loss. So we are here, in an effort to protect his interest, by moving forward to collect damages from the City for wrongfully giving him a permit that they now say they should have never given him, revoking that permit, preventing him from continuing work, and costing him a great deal of money. Mr. Walker stated he doesn't know if the board is aware but before an individual can sue a city for damages, they have to exhaust their administrative remedies. So this is why we are here today, we are attempting to exhaust our administrative remedy with the City by filing an appeal with the Board of Adjustments. Mr. Walker then stated the Mr. McIlyar has indicated to me in our office on numerous occasions that he does not believe that this board has the power to grant a variance or to exercise its authority to allow Mr. Glick to build his building on this property. Mr. Walker further stated that he asked Mr. McIlyar if he would be willing to agree that this board could not provide a remedy to my client so that we didn't have to waste everybody's time tonight, and we could proceed with our lawsuit so everything could move forward without us having to go through this process. He indicated that he could not do so, that he believed that we did have to go through this process, and so here we are. My client would obviously like to build the building as he originally planned. We're asking for you to exercise your authority, whether it's by granting a variance, overruling the decision of the City officials that rescinded and revoked the building permit, but we're asking that he be allowed to build his business as he had originally informed the City back in the summer of last year, and that's why we're here. Mr. Walker stated he assumes you're going to hear from Mr. McIlyar that you can't do that, which you shouldn't do that, and we are certainly not going to be surprised if that ends up being your answer tonight. We believe that Mr. Glick basically has been done a great wrong and this is our last opportunity through the City to have that righted without the need of a lawsuit. It does not appear that Mr. Glick and the City is going to be able to come to some kind of resolution that's going to prevent that from happening. So with that, Mr. Walker stated he doesn't have anything more to say other than he would be happy to answer any questions. He believes everything that you need is in the packet that you have. It has all the letters from the City saying that business is okay to go on this property. It has the stop -work permit. It has the opinion of Shawn Napier, the engineer of the City as to and what he thinks you need to do. So Mr. Walker believes that the board has the information. So we're just here respectfully asking that this board exercise your power to rectify the situation. Does anybody have any questions or any comments that you need to make to me? If not, then I will sit down.