- 5 - The 1996 purchase agreement contained several contingencies, including approval by the Coconino County Board of Supervisors (Coconino County Board) for final plat and zoning. The agreement also provided that, if the buyer failed to close escrow for any reason, the buyer agreed to provide the seller with copies of any and all plans, engineering, plats, studies, surveys, and the like, if requested by the seller. Petitioner presented a general development plan report (1997 plan) for the property to the Coconino County Board in August 1997. The 1997 plan was a complete zoning change from the zoning approved in the 1983 minutes. Petitioner planned to present the zoning request for the property to the Coconino County Board at a November 17, 1997, board hearing. Several weeks prior to the scheduled board hearing, Walker met with Paul Babbitt (Babbitt), head of the Coconino County Board. Babbitt indicated that he would oppose the zoning request as a result of a groundswell of protest from the community against development of 260 acres of dry lake area within the subject property. On November 17, 1997, petitioner met with Babbitt, another county supervisor, and a county attorney before the hearing was to begin. Petitioner was told “in no uncertain terms” that the zoning request did not have the votes to pass. Petitioner immediately requested an extension of the December 31, 1997, escrow deadline from Walker, who rejected the extension because the property had been “tied up”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011