The city contends council followed all guidelines and requirements when it turned down a conditional use permit for an apartment complex at Villages at Cross Creek.
The city's answer to a writ on behalf of MaSuki Incorporated was filed Monday by City Attorney Gilbert Chichester.
Chichester's response, which includes all minutes from both public hearings council had on the matter, one in January and another in February that had been continued, says, “... Council's vote and action was taken after having considered all of the evidence presented at the aforesaid hearing.”
Council turned down the request at a February meeting.
Chichester confirmed today that his response to the writ filed by Halifax attorney Franklin Jones upholds council's action and that it turned down the request after consideration of evidence on both sides of the issue.
The writ filed by Jones says, “The decision by city council is arbitrary as it lacks a rational basis and there is no substantial relationship between the facts disclosed by the record and the conclusions reached by the council.”
The original writ continues, saying, “The city council violated basic due process rights by failing to make factual findings and-or conclusions on competent or substantial evidence. There is no substantial, competent or material evidence properly in the record to support the denial of the conditional use permit.”