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Mayor Wm. Brad Van Nest July 8, 1980 Page 4 1980, I was similarly informed that the Planning Commission would be the proper form for a hear- ing. I believe the Council was out of order in permitting Mr. Swenscn to present his arguments on June 30 since this will unduly prejudice the Council in favor of changes in Resolution 851, whereas I did not have proper opportunity to prepare the many arguments which indicate a change in the resolution shoild not be made. 4) The City Council seems to have forgotten the teams o in Resolution 851 inclu _one i ci Tires that the variances containtT n the resolution would have Feen enie- Mr. Rhode a n t adreed in writing to the provisions eso utlon 851 I refer you to Section II, Paragraph 4, which states that the City Council "hereby finds that the variance shall be denied and will he con- sidered to be lnva i un ess the above items are completed to tT►c- satisfaction of the City prior to the granting -if a building permit, and these variances would ha:,e been denied except or Mr. ode's agree ni g i,: wrrit g to the pro- visions of this resolution." Now that Mr. Rhode is unwilling to abide by the c)r,iition� of the resolution, why is the ' ty Counc, -hAnging its point of view on this mdLter? S) The 3uestion of the legality of the case, has been cha-1 len ec��y Mr . Rf�o a and is Fei . the Suvreme ourt. y In view of the fact that the City held in Reso- lution 8S1 that the existing easements are "in- valid" and are a subdivision of 141n Bohns Point Vow, why wouldn't the Council wait for a final decision on this matter as rendered by the Supreme Court:' 6) The City of Orono is unilaterally breakiinga contract tTiat exists between me and the City of Orono.