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-\ :. ;�... � '� � i <br />�1 - . , <br />City of Lverett �- �'-' ''� <br />ATTN: FRI�NK B�NNETT <br />June 23, 19G9 <br />Page 2 <br />nature �vith which my client is faced would be imPossible for the <br />applicant inasnuch as it noc•� ta}:es approximately one year for a <br />matter to be litigated and, ]�y that time the variance would be <br />void and the quest�on �oould be moot. This obviously would result <br />in a due process problem for the applicant and would require <br />further judic:9.a1 interpretation of the statute. <br />I would appreciate it if I might hear from your Board or from <br />h1r. Jones, City Attorney, relatire to the City's position in <br />this regard. Again, the matter is set for trial on September 30, <br />and it is the intention of my client to proceed immediately <br />upon termination of litigation on that date. <br />Incidentally, I have this day conferred with Mr. Newton, attcrney <br />for P1rs. Kelley, and he has advised me that inasmuch as the matter <br />was continueB frort its original trial date due to the absence <br />of one of hi,, aitnesses, he �•rill not raise the issue of the <br />expiration o'.' the variance. <br />RBJ:lmn <br />