Conditions for juwi were settled in March
The Tipton County BZA Bylaws and Rules and Procedures prove that since March, the board remained true to its rules and procedures, despite the manipulation tactics by others. In the juwi Wind matter, the BZA has been consistently set aside as a board that was just supposed to do what it was told when the time came. The scoundrels in this saga are those who wanted to use the BZA as a means to help juwi get an appealable decision so it could go to court.
None of juwi’s requests since March were allowable in the BZA rules, therefore no “due process” was denied. Article IV describes what matters warrant a public hearing. Juwi’s persistent requests for a “modification of conditions” hearing is not contained in that list.
Article VIII is “Final Disposition of Cases”. “Final Disposition” means the final settlement or closing of a matter. “The final disposition of an application for a conditional use shall be in the form of a Board resolution either granting with or without conditions or denying the application sought.” The findings of fact, written by county attorney John Brooke and signed by the members, is the resolution/judgment in the matter of the conditional use application by juwi. The decision was final. Juwi had 30 days in which to appeal the decision to the court. It did not.
Instead it asked the BZA to re-open the case and conduct a hearing on the conditions placed on the approval. According to Article IX, only the board can amend its rules and procedures in a regular meeting (not a public hearing) of the BZA to allow that.
On June 24, the members read in the paper that they agreed to publicly hear a request for modification of conditions from juwi, even though they never met to amend their rules. On July 31 President Acres stated the board first needed to decide if it wanted to hear a request for modification of conditions on a case that had been closed. The motion was made not to stray from the rules and included in a restatement of the motion was the phrase, “the Board will not entertain hearing any modifications to the conditions.” The motion passed.