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ORDER TO SHOW CAUSE <|> Article 78 lawsuit <|> Frank Hogg Affidavit

Town Board STOPPED!

Judge Rumsey signed the Temporary Restraining Order on Friday 7/28/01 that stopped the Town Boards attempt to rezone the Knapp property until a hearing on 8/15/01.

Paul and Maureen Knapp and Don Armstrong were all personally served on July 30, 2001.

The town board cannot take any further action on the rezoning application, at least until 8/15/01 when Judge Rumsey will hear oral arguments at 11:30 AM. This is after the next town board meeting on 8/13 so nothing can happen until the September meeting if then. It will likely take much longer.

To me this is a clear indication to the Knapps and the Town Board that they are going down the wrong path. They should stop wasting taxpayers money on this. Remember all of this is being done to possibly benefit the Knapps. I say possibility because it is not certain that this rezone will actually increase the value of their land. If I were advising the Knapps I would suggest pursuing a different course as we have said many times. I want them to get into the Farmland Protection Program but there are much better ways to do it.

Paul Slowey and Linda Hartsock of the IDC should realize that the laws of Preble are being upheld and will continue to be upheld and that their attempts to get around them are not working and will not work.

I advise the town board that rather than trying to violate the law instead they try to change them. If they don't want the buffer zone law then they should try to eliminate it. Instead they want to selectively enforce it. They are finding that they have to obey the laws that they created just like everyone else. Must be quite a shock for them.

To all of you who don't understand why the town board keeps doing this I can only say I don't understand it either. Logic and common sense are not tools that you can use in evaluating their actions. I do not see any benefit to them so my only plausible conclusion is that they are just being pig headed and are doing this to spite us. If you have a better guess let me know.

I personally want to thank Judge Rumsey and his staff for his fast action on this order. He has been a breath of fresh air in these trying times. It is a wonderful feeling knowing that Judges of his caliber and high character are there for the average citizen. It brings a tear of gratitude to my eye knowing he is there.

Thank You Judge Rumsey!

 

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