How will the SON lawsuit affect Tuesday’s August 6, City Council agenda?

The SF city council was scheduled to listen to the 1st reading of the Walmart Southside approval on Tuesday, August 6, still not sure if they are going to, because

1) The agenda for Tueday’s meeting is not posted yet. And

2) they may have to defer the approval due to the pending lawsuit. I guess we will find out August 6, what the city attorney’s advice will be on this.

Yesterday, Judge Hoffman recused himself from the case. I have been told it was because he knew someone personally named in the lawsuit, and it is common practice for a judge to recuse themselves due to these circumstances.

I am also awaiting details on another puzzle piece of the SON lawsuit. A couple of months ago a SON member applied for a rezone at the 85th & Audie intersection, when applying for the rezone she had to pay a fee to the city ($?). She still has not received a refund since her application was denied even though the city attorney promised to expedite it. Maybe Huether instructed the city finance department to sit on the money as long as possible so he could add it to the city’s (FAUX) reserve numbers :)

4 comments ↓

#1 rufusx on 07.28.13 at 11:27 am

So….. if I pay the fee to try to get a driver license, and I fail the test – I’m supposed to get my $$$ back? If I apply for a building permit and am denied, because my plan is in violation of zoning requirements and I refuse to change it – I am supposed to get my $$$ back? I can see if OI applied for something and the city failed to properly advertise a hearing or whatever – I could get a refund. Or if I WITHDREW my application BEFORE a hearing was advertised etc. The fee is intended to cover the costs of advertising the hearing and holding the hearing (administrative costs) – not to “buy” a rezone, or permit, etc. There is NO guarantee of “success” implied by there being a fee attached to a rezone process.

#2 Detroit Lewis on 07.29.13 at 9:50 am

Ruf – The city attorney denied it before it even went in front of the planning commission, and under those rules, they have to give a refund.

#3 rufusx on 08.01.13 at 10:36 pm

So the person applying must not have had legal standing to apply. Should be refunded. Actually – should never have been accepted to begin with.

#4 rufusx on 08.01.13 at 10:37 pm

What’s the application fee? Typically $25-$50.

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