02-15-2001 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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03/12/2001 16:00 4097508375 DENNIS ALBRIGHT PAGE 02 Page 2 of 2 change affecting my client's property does not appear valid or consistent with previous and current practices and actions of the City, and may constitute an unreasonable, arbitrary and capricious, and discriminatory action by the City against my client and its property. 3. The property was purchased by my client from the City of La Forte in October 2000, less than 6 months ago. The existing NC zoning was in place when the property was purchased, and was a significant material consideration in the sale/purchase price of the property, which the City knew at the time. The City negotiated and received from my client a significantly higher price than my client (or anyone else) would have paid if the property had been zoned R-3, or if such a zoning change was intended, considered or contemplated by the City and this was known by the buyer, at that time. Based on the background information in the rezoning request and the other circumstances, it appears that the City ,knew or reasonably should have known at the time of the sale, of the intended, considered or contemplated zoning change. In that case, the principals of mutuality and fair dealing, required that the City should have informed my client at the time of the sale of the intended, considered or contemplated zoning change, which would have resulted in less revenues to the City from the sale of the land. Further, although as the seller, the City did not guarantee to my client that the zoning status would not change, because the fair market value of the property at the time of the We was so significantly impacted by the NC zoning status, this was a "benefit of the bargain" and my client should be afforded a reasonable opportunity to realize this benefit, which should be at least 1 year or more from the purchase date. Clearly, it is in the best interests of the City and the City's residents and taxpayers that the City support the benefit of the bargain principal in this type of situation; otherwise, the City's future ability to sell property and the revenues to the City from such sales will be significantly and adversely affected. 4. Under the circumstances, the City's action now to rezone the property as R-3, measures up to an unconstitutional "taking" without just compensation. For these reasons, my client opposes the proposed zoning change, and respectfully requests that the rezoning request be denied. If you have any questions or comments, please contact me. Thank you. Cc: John .Amrstrong, City ,Attorney (fax: 281-471-2047) Brad Dill/La Porte 33, LLC (fax: 281-272-2561) Wt ENTIALM NOTICE: 'Ibis transmittal sheet and dw documents accompanying it contain confidential information which is legally privileged. No privilege Is iatcoded to be. or is waived by this transmission. The ioformatiod is intended only for the use of the recipient named above. if you have received this transmission in error, please immediately notify us by telephone to arrange for return of the odginal documents to us, and you am hereby notified that any disclosure, copying, distribution, or the taldag of any action in reliance on the contents of this telecopied information is strictly prohibited. c:mtrrrarAx Knmt>p e M ous. a'Pd