HomeMy WebLinkAboutletter from Emde attorney�3
PAUL E. EMERSON
Attorney at Law
5 Country Oaks Drive, Suite L
Little Rock, Arkansas 72223
(501) 821 5956
Fax: 821 4755
3 September 1998
In Ref: "Notice of Land Use Plan Amendment" dated August 21, 1998
Brian Minyard
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201-1334
Dear Mr. Minyard,
I have been retained by Gwendolyn Emde, 12118 Kanis Road, Little Rock,
Arkansas 72211-4110 regarding the land use of her property.
Any correspondence regarding this matter, please post by U.S. mail to
the above referenced address and please fax a copy or any original
correspondence regarding this matter in advance of U.S. mail posting
to the above referenced fax number. Thank you for your considerations.
Enclosed please find addressed to: City of Little Rock, Department of
Planning and Development:
NOTICE: "NOTICE OF LAND USE PLAN AMENDMENT dated
Friday, August 21, 1998" REFUSED FOR CAUSE WITHOUT DISHONOR and NOTICE
OF REQUIREMENT TO CORRECT RECORDS PER 5 USE 552(a) et al
Res;i.el'y
tful,
aYi`�'r�
cc: Gwendolyn Emde
C:EKT-92B.DOC 09/98
NOTICE OF REQUEST PER 5 USC 552(a) et al - Privacy Act of 1974
GWENDOLYN EMD E
12118 Kanis Road
Little Rock, Arkansas 72211-4110
Certified Mail Article #: Z 6 7(0 '34-l-
Return Receipt Requested
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201-1334
NOTICE: "NOTICE OF LAND USE PLAN
21, 1998, REFUSED FOR CAUSE WITHOUT
AND
NOTICE OF REQUIREMENT TO CORRECT
AMENDMENT" dated Friday, August
DISHONOR
RECORDS PER 5 USC 552(a) et al
Dear Department of Planning and Development;
I, the undersigned, am in receipt of your notice "NOTICE OF LAND
USE PLAN AMENDMENT" dated Friday, August 21, 1998 (Copy enclosed),
that was posted U.S. Mail to GWENDOLYN EMDE, 12118 Kanis Road, Little
Rock, Arkansas 72211-4110. I am enclosing and have attached hereon a
Copy of the "Notice of Land Use Plan Amendment dated Friday, August
21, 1998.
Your vague, unsubstantiated, non -judicial notice is defective as
it states, "...... Amend land use plan from Mixed Office Commercial to
Commercial and Mixed Office Commercial to Office .....". "Based on the
information of record plus the appropriate public land use analysis of
the Emde property and adjacent properties" - These statements are in
e-rror,:-The Public Use with respect tg the EMDE PROPERTY shoo d
not be Amended tQ_Office only as revealed in the information provided.
Therefore, your "Notice Of Land Use Plan Amendment" dated Friday,
August 21, 1998 notice is hereby refused for cause without dishonor.
I respectfully demand and hereby serve notice on you, pursuant to the
Privacy Act of 1974 [5 USC Section 552a(d)(2)(A)&(B)], that you abate
your claim(s), correct your records and notify Gwendolyn Emde and her
attorney, within ten (10) days of receipt of this letter and/or within
twenty-four (24) hours of your Planning Commission Meeting on
September 17, 1998, of such corrections and that you have removed from
your system of records the erroneous record with respect to the Notice
of Land Use Plan Amendment. Failure to respond within the statutorily
prescribed time will fully establish the presumption that the Emde
real property is not subject to the referenced Notice of Land Use Plan
Amendment.
Page 1 of 2 Pages - NOTICE: "Notice of Land Use Plan Anendrent" dated Friday, August 21, 1998
- REFUSED FOR CAUSE WITHOUT DISHONOR AND NOTICE OF REQUIREMENT TO CORRECT RECORDS PER 5 USC 552 (a)
Under penalty of perjury I hereby certify and affirm that the
aforegoing is the truth to the best of my knowledge and belief.
Respectfully submitted,
signature,
Attachments: Copy of: Notice of Land Use Plan Amendment dated Friday,
August 21, 1998
Page 2 of 2 Pages - NOTICE: "Notice of Land Use Plan Aaendaenf" dated Friday, August 21, 1998
- REFUSED FOR CRUSE WITHOUT DISHONOR AND NOTICE OF REQUIREMENT TO CORRECT RECORDS PER 5 USC 552 (a)
C-BMT-92S.DOC 09/98
it
City of Little Rock —�
Department of ann ng and DevelopmentPlanning
)ning and
723 West Markham ydivision
Little Rock, Arkansas 72201-1334
(501) 371-4790
T
Friday, August 21, 1998
NOTICE OF x,AND USE PLAN AMENDMENT
WHAT: Amend land use plan from Mixed Office Commercial to
Commercial and Mixed Office Commercial to Office
WHERE: Kanis and Bowman Roads - NW corner
(See map on back)
WHY: Request from property owner
WHEN: Planing Commission Meeting
2nd Floor Board Chambers
City Hall - 500 West Markham
September 17, 1998 - 4:00 p.m. (;
For additional information, please contact Brian Minyat�-or Walter Malone,
Planning and Development - 371-4790 or by ax -
Written comments may be submitted
to:
Planning Division - LU Amendment
Department of Planning and Development
723 West Markham Street- a
Little Rock, Arkansas 72201
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