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PlanningBoard/2005-01-24.pdf,13 | PlanningBoard | 2005-01-24 | 13 | Ms. Harryman noted that the current lawsuit was not the first time the City had been sued on work/live and how it applied to Measure A. She could not communicate the exact status of the litigation, and noted that it would probably not be the last lawsuit. She believed that the existence of the two lawsuits (Edward Murphy and Ms. [Kowicki]) would probably bring the issue before a judge. She believed that Ms. [Kowicki] could build, because she had the approval of the City, but because there was pending litigation, it would be at her own risk. She did not believe Mr. Murphy had requested a retraining order, and believed the judge may be able to overturn the City's approval. She noted that Mr. Murphy had sued the City on this issue before, and did was not sure whether there had been a clear ruling one way or the other. She noted that previous cases had either been dismissed, or the parties had come to an agreement. President Cunningham inquired what the benefit would be of bringing the work/live issue to the voters if there was existing case law that would prove the two ordinances were working against each other. Ms. Harryman noted that there were pros and cons to bringing an issue to the people versus before a judge. Mr. Lynch believed that if a judge invalidated an ordinance, they would provide some instruction regarding the conflicts contained in the ordinance so that it may be rewritten. Ms. Harryman noted that judges often rule on other grounds, such as procedural grounds or standing. Mr. Piziali believed the ordinance should be left as is, and it may be brought up on a ballot initiative. He was not interested in changing it at this time. Ms. Kohlstrand believed the Board was being asked to debate the validity of the work/live ordinance, when the larger question was Measure A. She was unsure whether people were ready to engage in debate on Measure A yet. Ms. Altschuler noted that the ordinance limits a geographic area, addresses zoning within that area, and then is limited to existing buildings, particularly his… | PlanningBoard/2005-01-24.pdf |
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CREATE TABLE "pages" ( [body] TEXT, [date] TEXT, [page] INTEGER, [text] TEXT, [path] TEXT, PRIMARY KEY ([path], [page]) );