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Mayor and City Council <br />May 4,1999 <br />Page 2 <br />the Club would proceed with the hiring of an ofT-duty policy ofTiccr during the rush hour period, <br />if needed. 1 do not believe the Club ever did so. <br />Instead, unfortunately, the Club chose to serve a Complaint and Petition for Alteinative <br />Writ of Mandamus against the City on July 1.1998, and sought a Court decision that the Club <br />need not obtain any permits of any kind from the City to build the access road and to use it as the <br />Club deemed appropriate. Fortunately for my clients and many others who would be adversely <br />affected if the Club prevailed, the City vigorously defended its right to requite the Club to use the <br />conditional use permit process to see if access of some type should be allowed Tlic Club has <br />finally submined an application while still claiming it has a right to do whatever it wants as <br />outlined in its allegations in the Complaint. It is unfortunate that this application must now be <br />reviewed and acted upon while the litigation is still pending, albeit temporarily on hold by the <br />Club. In most other cities, I would be afraid that in such a situation, the City would capitulate to <br />the demands of a litigant m its subsequent deliberations. I have no such fear in this case <br />Additionally, since my clients have personal and business relationships with members of <br />the Club, no one wants to be in this situation I am sure all parties wish they could turn back the <br />clock of time to a date before May 5. 1998 (when the Club built the access road) and start the <br />process over in a different way. <br />However, my clients have no choice now, as was the case last May, but to try to protect <br />their children, themselves and the neighborhood from the proposed use of tiic quiet, narrow, <br />poorly paved road serving their homes, by numerous vehicles coming to and from the Club. <br />B. Preliminary Review of the Facts . <br />1. The Club was built in approximately 1915 to 1917. <br />2. Tlte main acccs.s to the Club was provided by a road (Woodhill Road ) constructed <br />to County Road 15. <br />3. That road has adequately served the Club since then. <br />4. 1 do not know what Utc zoning was for the Club’s property at the time of <br />construction. For now I will assume that there was no zoning ordinance then or that the zoning <br />ordinance permitted construction of the Club. <br />5. At some point, a narrow dirt way was established by the Club which led to <br />Woodhill Avenue. No one seems to know when it was first used by the Club or whether the <br />necessary zoning permiis were obtained. The way was used rarely through the years. <br />6. On May 23, 1968 the Trustees of the Club indicated that the Club decided to bar <br />3M2S