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11/5/2006 8:18:12 AM
 
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Section 5: OPA Board Subject: OC Today Story Msg# 385261
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| hi joe what if their is a court order saying that the referendum was not legally upheld. russ | ||||||
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For reference, the above message is a reply to a message where: This is not a good lawyer, bad lawyer matter at all. If the OPA fails to pursue the permits or is stopped in its tracks by a referendum I doubt that either is grounds to void the contract. Most construction contracts are written and executed before permits are secured. The parties are obligated to exercise due diligence to secure the permits. Implied in the activity is that the party seeking the contract must make the necessary reasonable adjustments to comply with the code underlying the permit process. Only if the permit is denied or is granted in such a way that that intent of the construction contract is completely frustrated may the contract be rendered void. That is a very difficult standard to achieve. doubt will be achieved in this matter. |
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