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that the objections in the letter were very vague and noted that <br /> he-'had discussed the objections with Mr. Stemwedel , the author of <br /> the letter, during a recent inspection tour, but was unable to <br /> obtain any more specificity or information regarding the objec- <br /> tions. [Transcript of March 1, 1979 Board meeting ("Transcript" ) <br /> p. 5, attached to Barry Affidavit as Ex. 1. 1 Mr. Heifner also <br /> related to the Board the substance of a conversation which he had <br /> with Mr. William Goldstein, yet another attorney for the Trust. <br /> Mr . Goldstein was also unable to provide any additional detail <br /> with regard to the objections contained in the Trust' s February 16 <br /> letter of ob]ection; however, Mr. Goldstein did complain to Mr. <br /> Heifner that the Trust had not received proper notice of the <br /> permit application. [Heifner Affidavit, 4111. ] This conversation <br /> between Mr. Heifner and Mr. Goldstein occurred during the week <br /> prior to the March 1 hearing and was the first time that any <br /> representative of the Trust raised the question of notice. <br /> [Heifner Affidavit, 4111. ] <br /> Mr. Goldstein appeared at the Board meeting on behalf of the <br /> Trust and protested at some length that the Trust had not been <br /> properly notified in that the Trust was allegedly an adjacent land- <br /> owner but did not receive a copy of the newspaper notification, <br /> which was directed to the Brush Creek and Eagle River Company, an <br /> entity which has the same mailing address as the Trust. [Trans- <br /> cript at pp. 15, 18-19. 1 In response, representatives of Nottingham <br /> Sand and Gravel and Mr. Heifner pointed out that the Trust had in <br /> fact submitted a timely letter of objection more than two weeks <br /> before the March meeting and further that Mr. Heifner had discus- <br /> sions with representatives of the Trust well in advance of meeting, <br /> thereby clearly indicating that the Trust had actual notice. <br /> [Transcript at pp. 16-17, 20-21. ] <br /> It is undisputed and particularly significant for purposes <br /> of this Motion that at no time during the conversations prior to <br /> the March 1 Board meeting did Mr. Goldstein, Mr. Stemwedel , or any <br /> other representative of the Trust request a hearing with respect <br /> -4- <br />