Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Contractor’s response to the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision.
Evidence and Findings. 37 The first issue is whether a representation concerning a handicapped parking spot was made to Xxxx before the purchase of unit 203. 38 Xxxx testified that at his meeting with Nezry to view 3 new units for sale by Toledo that he told Nezry that they had not yet made up their minds but that if they purchased then he would need a handicapped parking spot. He testified that Nezry told him that there'd be no problem. Nezry testified that after he showed Xxxx the Toledo units he showed him their corresponding parking spots and also told Xxxx that he had another parking spot closer to the elevator lobby door. The court finds that an oral representation was made to Xxxx by Nezry on behalf of YRSCC 1062 and Toledo as owner of unit 36, that Xxxx would be able to obtain a different parking spot from the spots assigned to each unit and that the new spot would be closer to the elevator lobby door. The Frimans had been willing to agree to a condition, in the agreement of purchase and sale for unit 203, that they obtain a parking spot within 50 feet of the elevator lobby door. The information from Nezry that there would be no problem in arranging a handicapped spot and his representation to them that spots could be switched for ones closer to the elevator, were important representations to the Frimans and the court finds that the Frimans relied upon those representations. closer parking spot. The Frimans, however, would like the court to believe that prior to purchasing unit 203 they relied upon a written representation that stated that they could have a handicapped parking spot and that this is why they decided to sign the agreement without any clauses concerning the obtaining of a handicapped parking spot. However, the fact is that the e-mail from Xxxx to Xxxx relaying that he could purchase a handicapped parking spot was sent to Xxxx on April 13, 2009. The agreement to purchase unit 203 was finalized 6 days earlier on April 7, 2009. The Friman's could not have relied on this e-mail when they signed the agreement of purchase and sale as it did not yet exist. Gary's real estate lawyer, Xxxxxx, sent the letter found at Tab 12, Exhibit 1, dated May 8, 2009, to Toledo stating that after Xxxx was told he could purchase a parking spot by Xxxxx he committed to the purchase and that he relied upon Xxxx'x e-mail. Xxxxx however first advised Xxxx 6 days after the purchase of unit 203 that a handicapped spot could be purchased. On cross-examination Xxxx was asked why he went a...
Evidence and Findings. The referee shall consider the administrative record, including the notice of deficiencies or notices of breach, GreenWaste’s response to any such notices, the decision of the Chief Administrator, the “Notice of Appeal,” the decision of the County official, the “Notice of Appeal” to the Tehama County Board of Supervisors, and the decision of the Tehama County Board of Supervisors, in addition to other relevant evidence. Before issuing findings, the referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision.
