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Judge W. Shore Robertson in an answer by letter bifurcated the case, first addressing several procedural issues. He ruled that the Halls did have standing to challenge the alleged illegal subdivision which separated a 26-acre parcel into two 12plus acre lots, one of which Mr. Lozano contracted to sell to the church. He also held that the Circuit Court had authority to void the subdivision if it found that the subdivision violated zoning ordinance provisions. But Judge Robertson concluded that the Halls must first exhaust all administrative remedies, specifically by asking the supervisors to vacate the subdivision, before seeking help from the court.
That brought a motion for reconsideration from Mr. Konick on March 5.
“If an unlawfully approved subdivision plat is a legal nullity that the subdivision agent of the county board has no legal authority to approve in the first place, how can the county board have the discretionary power to refuse to vacate the plat in a subsequent legal proceeding?” Mr. Konick asked.
He argued that exhaustion of all administrative remedies is not required where there is “no adminis
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