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Subdivision
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“I didn’t know about it at the time,” Mr. Raynor said, adding that when he purchased the lot in February 1987, he was never given a deed to the property. He had already done the survey for the subdivision and gotten the required health department permits before he found out about the restrictions.
Mr. McCarthy confirmed that, saying that he had been told about the restrictions by a neighboring landowner the day of the Raynors’ hearing before the Planning Commission. “The Raynors have a problem. Theoretically anyone in the subdivision could take legal action against them to prevent the subdivision."
"Could they act against us” for approving the subdivision. Supervisor Mike Massie asked.
“Theoretically,” Supervisor Charles K. (Pete) Estes replied. “That’s what Mr. (Ivan) Hall did." He sued the county for its approval of what he alleged was an illegal subdivision on Rt. 612 in Old Hollow. That subdivision was approved by the county’s agent.
“This is totally out of our hands,” Mr. Estes maintained. “This is something which must be settled in court.”
"I agree,” Mr. McCarthy replied, “but I would point out that they didn't know about the restriction. It is a valid application — but you can’t approve it because it won’t meet the density requirements. But with the covenants there’s nothing vou can do.”
Mr. Raynor reiterated that he had never seen the deed which contained the restrictive covenants. “Somewhere along the way, somebody should have read that to us.”
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