_ENFORCEMENT - M1978352 ‎(11)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
• Media Type: D
• Archive: No

j make a copy and return it or is it your recommendation that
2 we keep this copy.
3WJ: Well, I 'd just as soon have you keep the original and, . . . .
4G: If you wish.
5RW: Will, would you respond to the question of Board action or
6 other items, that has some resemblance related to referral or
7 questions--of notice which we had yesterday.
8WJ: I think yesterday we had a much different situation. Yester-
9 day, there was no attempt whatsoever made to notify anyone.
10 In this particular case there have been not only attempts to
11 notify those people that were supposed to have been the owners,
12 but were not in fact, but there were actual letters sent out
13 to either representatives or parties intimately involved with
14 the person who was the actual owner and it may well have sa-
15 tisfied finding of actual notice in fact. Consequently, the
16 failure to notify the Owner through the process of mailing a
17 letter is debatable, since it in fact notice was given.
18RW: Unless there' s a motion to table or some such, we do have a
19 motion before us . I call the question. The motion is to
20 grant the permit, $7000 bond and with the [unintelligible] .
21RT: They would recognize the jurisdiction for the crossing was
22 not in Board [unintelligible] .
23WJ: Did you make a finding of actual notice, I think that' s
24 important. I think what you' re going to have to do is commit
25 yourself to . . . .
26RW: I assume, the Board' s response might indicate how its found.
27WJ: Don' t be so passive, just come right out and say it. Just
28 make a finding.
29SB: Mr. Chairman, I move that the Board does make. a finding that
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