Remarks by Luis Prieto y Muñoz
433 remarks on the record, newest first · Page 18 of 18
“To counsel, would you mind terribly reading into the record the qualifications for standing on this matter?”
“So just for the... For the sake of discussion, from a standing standpoint, the issue isn't whether you are aggrieved or not. The issue is whether you have standing. So the grievance is secondary to the standing. So if you're not in a position to bring legal action forward on this matter, any deliberation here is instantly appealable, and all the effort and all of the attention that goes to that likely won't go anywhere else. It will just be an enormous tax on the resources of the system because it's binary. If you don't have standing, this matter is moot. So I think that's the, it's…”
“That's an interesting question. Out of curiosity, because she filed an appeal, would there not have been, had someone else filed an appeal, it would have been two appeals of the same decision, or would that one have been obviated?”
“Understood. I mean, I think that's an interesting point, and so for the purposes of those who are interested enough in this issue to have stayed through the enormous deliberations that have led to this point. There may be other people who didn't appeal because they knew that the current potential appellant did do the appeal. And so there is a scenario where that situation was precipitated by what the appellant is asserting as improper notice. So out of curiosity, on an issue of improper notice, what is the recourse that somebody would have under normal procedures?”
“So procedurally, would it go to a circuit court directly or would it first go to the commission?”
“For the sake of consistency with this body and ensuring that we're seen through the prism of acting within our lane, I would firstly say that I think you the approach you took was was was compelling i mean i think ultimately this is an item that should have been heard i think that at the same time you may have other legal options open to you and i think you should explore those but i think for the purposes of this hearing and i think given the advice that we received from our city attorney that I think I am validly convinced that you don't have standing and therefore that we can't hear this…”
“The gentleman behind you, I think, would be a great person to talk to. So I would encourage you to take that route. I think that's the best one for what you have in front of you.”
“I would like to go through some discussion items.”