Sunday, January 08, 2017

BEFORE IT EVEN OPENS, IS DAVID CORNEAL's "THE COLLECTOR" HOTEL ALREADY VIOLATING ZONING LAWS?

PROBLEM SOLVED: Update: the day after I sent the e-mail, City Manager John Patrick Regan, P.E. and City Planning and Building Director David Birchim met with DAVID BARTON CORNEAL. CORNEAL is deleting the wedding and special event solicitation from his website. Pennsylvania DAVID CORNEAL claimed to Messrs. Regan and Birchim that he was going by any earlier version of the DOE PUD, not the one that was adopted. Do you believe that? Another victory.










Controversial lawyer-developer DAVID BARTON CORNEAL'S CONTROVERSIAL DOW PLANNED UNIT DEVELOPMENT  (DOW PUD) will purportedly one day open as "The Collector," transmogrifying the state-funded DOW MUSEUM OF HISTORIC HOMES -- nine historic homes (one demolished on false pretenses) -- into a fancy-bears hotel for the wealthy.

Now, DAVID CORNEAL is apparently violating the terms of his PUD, which bans weddings.  I've asked Commissioners to place the matter on the next Commission agenda and to revoke the PUD:


-----Original Message-----
From: Ed Slavin
To: nshaver ; rhorvath ; cityfreeman ; NancySikesKline ; tneville ; ilopez ; jregan ; dmay ; dbirchim
Sent: Sun, Jan 8, 2017 4:49 pm
Subject: DOW PUD REVOCATION REQUESTED: "THE COLLECTOR" HOTEL IS OPENLY, NOTORIOUSLY ADVERTISING WEDDINGS AND RECEPTIONS BEFORE IT EVEN OPENS




Dear Mayor Shaver, Vice Mayor Neville, Commissioners Sikes-Kline, Freeman and Horvath and City staff:
1. Please place the DOW PUD on our St. Augustine City Commission's January 23, 2017 agenda. 
2. Please issue an Order to Show Cause requiring an administrative-judicial hearing on revocation.
3. "The Collector" hotel owner, DAVID BARTON CORNEAL, is now advertising weddings to rent the entire hotel.  See screen shots, below.
4. The PUD application stated that no weddings or wedding receptions would ever be allowed.
5. In adopting the PUD, City Commissioners voted to ban amplified music and special events.  Commission minutes reflect:
"Mayor Shaver asked for clarification on what type of events would be permitted on the property. Ms. Avery-Smith replied that special events would not be allowed." 
6. Commission's 4-1 vote (after midnight, in the first hour of August 25, 2015) was based upon this binding legal commitment in the PUD.
7. By analogy  to F.R.Civ. P. Rule 60(b)(1,2,3,4,6), please make findings of fact and conclusions of law re: 


(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998













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1 comment:

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