04/21/1959 Meeting Minutes - Laserfiche WebLink

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CORRECTION - MINIITES OF APRIL 21, 1959 - PAGE 2 and 3 PAGE 2. The solicitor advised that he had received the following: 1. Notice of appeal filed by Mr. Bever, representing Hennie Homes, wherein it appeals the action of the Building Commissioner and the subsequent ruling of the Building Code Board of Appela in refusing building permits on Evelyn Drive. 2. Alternative Writ of Mandamus - the State of Ohio, on the relation of Suburbanite Homes, Inc. and Doris Morvilius, Trustee, vs. the City of North Olmsted and the North Olmsted City Council. The Solicitor stated that the city would probably lose the first matter in litigation but possibly win the second. He stated that the ban on housing regarding Hennie Homes was in direct opposition to an opinion given oa various occasions to Council. Inasmuch as he has made known his feelings on this matter, he suggested that special counsel be hired to defend the case. As there is nothing in the ordinances whieh states that homes must be of brick construction, he advised that the only alter- native would be to instruct the Building Commissioner to lift the ban and issue the permits. He stated that he was not notified of the hearings of the Building Code Board of Appeals and he read a copy of the opinion issued by said Board relative to this particular case. The Solicitor took exception to the reference in the opinion to his letter of March 25th, 1958 and stated that a complete review of that particular letter would have revealed that he specifically stated that rejection of permits had been based on the failure of the developer to complete improvements. PAGE Mr. Wilson stated that he felt it was the duty of every elected official to look out for the welfare of the people. The residents felt they were misled by the original developer and they hired thirr own counsel to speak for them and the Building Code Board of Appeds ruled in their favor. The Mayor requested the Solicitor to advise as to whether or not Council is responsible for action taken by the duly appointed Building Code Board of Appeals. The Solicitor replied that the suit definitely makes the City of North Olmsted and the Council of the City of Borth Olmsted defendants. He stated that the Council could not rescind the ruling of the Board but it could instruct the Clerk to notify the Building Commis- sioner that the ban heretofore existiag by virtue of the failure of the developer to complete installation of the improvements is lifted, inasmuch as the developer had posted surety.