![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 744058
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PLEASE stop all this "sad day" rhetoric. I never said the Eastern Shore Builders case was new to me. What is new to me is your absolutely incredible interpretation of what the case meant. I'm saying that I believe the DRs provide the ECC the authority to create restrictions. This day is becoming even sadder. The ECC does not have authority to create restrictions more restrictive than the DRs. The ESB case did not allow ECC to set restrictions more restrictive than the DRs. The case did affirm the existing authority under the DRs for ECC to not approve plans for virtually any reason, including coverage. This is a far cry from your incredible position that the case said ECC/Board can essentially change any of the DRs to apply restrictions not in the DRs. |
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For reference, the above message is a reply to a message where: PLEASE stop all this "sad day" rhetoric. You know very well all about the coverage restrictions in the Guidelines and all about the effort someone took to make the ECC look at them with a "do-no-harm" approach. PLEASE do not let your readers fall under the assumption that you are not fully aware of this and the "sad day" is not today but several years ago. It seems that "everyone" who cares has accepted the fact of the Guidelines and how they were revised. Your rhetoric implies this is new to you and that to state what in fact happened (before I was a Board member) is some how "sad." STOP the nonsense. I'm saying that I believe the DRs provide the ECC the authority to create restrictions. I say that because the Guidelines do just that and they are now almost six years old. I read that authority in those poorly drafted and approved words in the DRs, words written by attorneys but not checked by others as they should have been. You read them differently. Fine, but all this "sad-day" stuff is too much for me to participate in this exchange any longer. |
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