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Next, petitioner points to communications by the city of
Beaumont of a possible limitation in sewer permits.14 Sewer
permits play a necessary role because in order to begin
construction, building permits and sewer permits are both
required. We note that there was concern about the city's sewer
capacity in 1988. The city began to investigate the building of
a new sewer plant. While the city manager Mr. Bounds was the
only person who knew the number of available permits, there was
no evidence presented regarding any discussion of sewer permits
between petitioner and him. Meadowlark Homes was able to acquire
sewer permits for the 48 lots in the Exchange Property. Further,
as of 1993, the city of Beaumont had not run out of sewer
permits. In light of the above, we find that availability of
sewer permits was not an obstacle to petitioner's development of
the Exchange Property.15
(4) Health Concerns
At trial, petitioner introduced evidence of Mr. Baker's
health. In November 1988, he was diagnosed with cancer. He had a
14 However, Mr. Baker testified that he decided not to
subdivide the Exchange Property before learning about the
potential of a moratorium.
15 In its reply brief, petitioner attempts to show that Mr.
Baker's decision to not record the final map in light of the
threat of a moratorium shows that it was petitioner's intent to
not develop the Exchange Property. However, we find little
significance to petitioner's characterization in light of the
lack of evidence regarding the threat.
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