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_ENFORCEMENT - M1978352 (11)
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_ENFORCEMENT - M1978352 (11)
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Last modified
8/11/2022 2:33:32 PM
Creation date
11/21/2007 10:04:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978352
IBM Index Class Name
Enforcement
Doc Name
AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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1 think your business and your problem is to satisfy yourselves <br /> 2 and to make a finding that actual notice was in fact given. <br /> 3 When you fail to find that written notice as prescribed by <br /> 4 the statutes is not given. <br /> 5RW: Sherman. <br /> 6SB: Mark, then at the time of the application, was filed submitted <br /> 7 or for the records here, was notice given to the then current <br /> 8 adjacent landowners? In your opinion, to the proper owners. <br /> 9MH: Well, I don' t know really as far as the map concerned if that <br /> 10 is correct, yes. <br /> 11SB: That' s what you had to go by. <br /> 12MH: The evidence that he presented was that it was transferred <br /> 13 back prior to when this map was made, you know I suppose this <br /> 14 could be in error, I don' t know, though I don't have any <br /> 15 evidence to show that it is. <br /> 16G: Can I just interject this, for your benefit, that I have here <br /> 17 a certified copy now, I 'm not much up on the legal descrip- <br /> 18 tions in the area but I think it will suffice as of October <br /> 19 2, that the owners of interest of Eagle Trust were established <br /> 20 in the land which is contiguous. If you want, I could make <br /> 21 a copy of this. <br /> 22RW: Well, that the kind of thing that you have to evaluate for us <br /> 23 to see if that is indeed the correspondence that . . . . <br /> 24WJ: Well, I think that in the absence of any dispute to that to <br /> 25 the fact that I think that the Board can proceed under the <br /> 26 assumption that the owner at the time this application was <br /> 27 submitted was the Trust. Do you have any problems with that? <br /> 28 Mr. McCarthy, on the behalf of Nottingham? <br /> 29MC: I don' t have any basis to controvert his assertion. That the <br /> -28- <br />
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