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Most important, it is a suit that attorneys and planning experts alike think the county has little hope of winning. Losing would be expensive, both in terms of money and in terms of loss of growth controls.
But now the fight can be called without landing a blow. Goode has conceded. He has redrawn boundary lines again, this time making sure that each and every lot in the proposed subdivision contains five acres below 14 per cent slope.
Compton presented the new lay-out to the supervisors in executive session on Thursday. Street plans already authorized by the highway department are unchanged so approvals there remain current.
According to Compton, the health department has also okayed drainfield locations required by the new design.
All that remains is for the supervisors to vote authorization. They took no action on Thursday, tabling the issue until they can consult their attorney, Waugh Crigler.
Barring a special session, the next opportunity the board will have to approve the subdivision is December 6—just four days before the case is scheduled to be heard in court.
It’s taken the supervisors three years and almost $10,000 to squeeze agreement out of Goode but they’ve got it. Now it’s up to the supervisors to recognize their victory. They’ve succeeded in holding the developer to strict compliance, setting a precedent for all future subdivision proposals. County ordinances are intact and the supervisors have bought some time to investigate the points raised by Goode in his suit. Mr. Goode has waited three years for the go-ahead on his Mountain Slopes subdivision. It’s time he got it.
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