On 2 February 2009, Community Board Committee approved the Proposed Merivale Parking Plan despite 13 submissions opposing it including submissions by Sheryn Gillard Glass and Cathy Solomon supported by nearly 2000 signatures of persons affected by the Proposed Plan, including over 500 Merivale residents.
At the end of the meeting Sheryn asked what was the next step - would it be Judicial Review. Cheryl Colley replied that the decision just made was a final decision. However, the CCC news release issued on 3 February showed this was untrue. All was not lost as the approval given on
2 February 2009
(by a vote of 6 to 1) had yet to be ratified.
The same Council Members and Community Board members sit on the Community Board as on the Committee and they said in a written news media release that the decision will be ratified on
Tuesday 10 February 2009
.
We consulted Phil Shamy, a partner of Raymond Donnelly about this matter and engaged him to seek to delay the ratification while he looked at the matter.
A FIGHTING FUND
We set up a fighting fund and funds quickly came in to pay for a Legal opinion. Mr Shamy wrote to the CCC asking for the proposed ratication to be rescheduled in one month's time so he would have time to give legal advice and represent us. As no reply was forthcoming, Mr Shamy wrote again. The CCC sent a fax refusing to defer the decision.
The Community Board did ratify the decision. The persons who voted to ratify it were: Cheryl Colley, Sally Buck, Val Carter (Chairwoman), Jamie Gough, Mike Wall and Andrew Yoon. Faimeh
Burke voted against it as the people did not want it.
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