Originally Posted by donyoop
Huh? The injunction is lifted. Game over. The property is re-zoned and the building dept. cannot withhold the building permit. Of course, you need to meet code, but you just have to meet code, not argue over drainage ramifications.
Are you sure
about that? Doesn't it depend to a certain degree on what JeffCo's building code reads, especially when it comes to underground construction?
So they can't prohibit
the construction, but I'm sure the building inspectors will be instructed to visit the site as often as possible and to hold them to the precise language of the code and to measure things to the millimeter.
Or, to quote the Denver Post's article:
Construction of a broadcast tower on Lookout Mountain may proceed, but under Jefferson County's monitoring, according to a court ruling made public Wednesday.
The question is how intense that "monitoring" will be.
To quote further from the article:
Golden officials said that while they are pleased, the ruling means Lake Cedar is building without a permit.
Assistant County Attorney Eric Butler said Lake Cedar will need grading, building and telecommunications permits.
One can only guess how many hoops LCG will need to jump through to get those permits, and how many times the applications for those permits will "get lost."
So, no, it isn't over by a long shot; I'm sure JeffCo could delay the permits pretty much indefinitely without any real difficulty whatsoever.
I wouldn't be at all surprised to find that LCG will have to go back to court at least once more to try and work out what the federal law really implies when it's late 2008 and JeffCo is still "processing" the permit applications.