Hyperion Position on Frivolous Lawsuit Hyperion has been informed that the Union County Planning and Zoning Commission has been sued by Ed Cable and the Save Union County Committee regarding notice of a public meeting that is scheduled for the 10th of January. Hyperion’s statement is as follows:
“Counsel for Save Union County and Mr. Cable has misinterpreted the law as it relates to the scheduled meeting on the 10th,” said Project Executive Preston Phillips of Hyperion.
“They incorrectly claim in their petition that the meeting on the 10th is a public hearing. The meeting on the 10th is not a hearing, it is simply an additional fact-finding meeting requested by the Commission,” Phillips said. “We are happy to comply with this additional request by the Commission, and look forward to providing additional information on our project.
“Although Hyperion was not a party to this lawsuit, we are glad that the court saw fit to allow the meetings to move forward and not grant a restraining order. Frivolous lawsuits of this type do nothing but cost the taxpayers of Union County time, money and resources,” Phillips added.
Hyperion is scheduled to appear before the Union County Planning and Zoning Commission on January 16, 2008, for a public hearing in Union County. Legal notice of the public hearing has previously been provided. We look forward to responding to any questions from the Planning and Zoning Commission on January 10, and receiving comments from the public on January 16.
Below is additional information regarding this issue:
The January 10th meeting is a regular meeting at which the Zoning Board informed Hyperion that they would like to ask questions. State law requires 24 hour notice.
1-25-1.1. Notice of meetings of public bodies -- Violation as misdemeanor
All public bodies shall provide public notice with proposed agenda, at least twenty-four hours prior to any meeting, by posting a copy of the notice, visible to the public, at the principal office of the public body holding the meeting, and, for special or rescheduled meetings, delivering, in person, by mail or by telephone, the information in the notice to members of the local news media who have requested notice. For special or rescheduled meetings, all public bodies shall also comply with the public notice provisions of this section for regular meetings to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor. Notice was given by publication more than 24 hours in advance and a courtesy notice was mailed to all property owners by Hyperion. The meeting is open to the public.
The public hearing to be held January 16, 2008, was published and noticed appropriately in accordance with 11-2-29.
11-2-28.2. Public hearing on petition by landowners -- Consideration and recommendation by county planning commission
Following receipt of any petition as provided in § 11-2-28 or 11-2-28.1, the board shall hold a public hearing, subject to the requirements of § 11- 2-19, and take action upon the petitioned request. Within forty-five days of receipt by the board of any such petition, the county planning commission shall consider the requested action and make a recommendation thereon to the board. 11-2-29. Hearing by planning commission on proposed change -- Notice to be published and provided to county auditor of abutting county
The planning commission shall hold at least one public hearing on any proposed change or modification to the plan or ordinances. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the county. The county auditor shall also provide a copy of the notice to the county auditor in the abutting county at least ten days before the hearing on any proposed change or modification to the plan and ordinances. At the public hearing, any person may appear and request or protest the requested change. This hearing is required by state law to be held within 45 days of filing the Planned Development application. |
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