Neal T. Baker Enterprises, Inc. - Page 34

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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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