--- In AsburyPark@yahoogroups.com, "Fred" <[EMAIL PROTECTED]> wrote:
>
> It was the deal and the courts upheld it.
> 

What was the deal? The issue of whether C-8 can be rebuilt has not 
been brought before the court.Neither has the issue of which is the 
proper WRP - June 5, 2002 or March 15, 2002, or if either plan was 
in fact lawfully adopted since the city apprently did not follow the 
requisite statutes to adopt a WRP, which of course would then make 
the 1991 the only valid WRP. If you are talking anout the recent 
lawsuit decision that was a challenge to the WRP on the basis that 
property owners are not afforded the rightto develp their own 
properties. Bad decision, but what the court said was that their 
cases were not ripe since they had not exhausted all alternatives, 
i.e., apply to Asbury Partners to be subdevelopers of their own 
properties. Nothing to do with what I am talking about, which is, 
issuing a building permit that violates the WRP. I say the June 5 
WRP is the valid one (if you pick the March WRP then there is no 
valid WRP except 1991) but even the March Draft only allows a 
developer to "finish" the C-8 project. No reasonable person can 
interprete what is now going on to be "finishing." I'd like to see 
the Esperanza built, but that doesn't change the facts.







 
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