HomeMy WebLinkAbout120 CHERRY ST., CHERRY ST. STATION - FDP - 9-05A - CORRESPONDENCE - LEGAL NOTICEAnne Aspen - Final Plan/Mylars for Cherry St. Station Page 1
From: Paul Eckman
To: troy@architex.com
Date: 03/03/2006 3:18:16 PM
Subject: Final Plan/Mylars for Cherry St. Station
" Confidential "
Troy, I have noticed that you and Mikal are proceeding to Final Plan approval for Cherry St. Station and
are preparing Mylars, etc. I just want to let you know that although Mr. Reeves has not requested a stay
with regard to the city's further processing of this plan, nevertheless, the plan is in litigation, and the plan
approval is not sure and certain, at this time. Therefore, you need to know that you are proceeding "at
your own risk" in proceeding with the plan and expending money in that regard, whether for
engineering/design expenses, or possibly even construction expenses. I am reminded of the Garfield
County v. DeVilbiss case which said that once the building was constructed, the case was moot..... but I
am also reminded of the Olson v. Golden case which went quite the opposite way. My best advise is as I
have already given you, namely that you should consult with your attorney as to what actions are best for
you to take in this matter. Paul.
CC: Anne Aspen