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Although it seems a lost cause to me – you have to credit Keith as being someone who does not give up easily.  He has written a seven page letter listing reasons why the OMB Executive Chair Jerry DeMarco should use his discretionary powers to conduct a second hearing on the TVM/Legion condominium case. The letter was delivered August 19, inside the deadline of 30 days after the July 21st written decision.

His grounds are:

  • the public (meaning Keith) was effectively denied their right to express their opinions.
  • the presentation of relevant and important evidence to the Board was denied (his presentation was reduced from 45 minutes to 15 minutes and the number of presenters heavily limited on short notice.)
  • the Chair made errors in her conduct of the meeting
  • the Chair made errors in her written decision of July 21st and failed to report all the testimony presented, and
  • the Rule of Natural Law was violated.

Keith OliverThis is not a legal appeal and requires only a fee of $125 which Keith has paid  No lawyers involved. (Photo of Keith at left courtesy of Ben Burd). 

I wish him luck if only because such persistence in the face of adversity deserves a reward.

Unfortunately, I rate his chances at around zero.


OMB make these rules for an appeal like Keith’s:

Summary of OMB Information sheet 3

OMB rarely grants reviews and/or changes a decision. For the OMB to consider a review, you need to prove that it made an error that if known may have changed the decision resulting from the hearing. The OMB would need proof that it:

  • Acted outside its jurisdiction;
  • Violated the rules of natural justice, such as by not giving notice of the hearing;
  • Made a material error of fact or of law;
  • Heard false or misleading evidence that could have changed the decision;
  • Should consider new evidence not available at the time of the hearing that could have changed the decision.

The OMB will turn down review requests that rely upon the same evidence or re-argue the same issues that were covered at the hearing.

The OMB may tum down your request if a non-party makes the request. [Keith was not a “party”.]

Update, October 1, 2014

At Monday's Council Meeting, Keith Oliver made a presentation.  You might describe what he said as "What we (especially the council) should learn from the OMB hearings".  He did not use those exact words although he did have recommendations for council on how they could avoid future problems.  It was more on how the Heritage Advisory Committee's advice could be taken into account than anythng else.  However,  Keith also mentioned that, as expected, the OMB had turned down his appeal.  They did have the courtesy to answer his letter and the only indication of a reason was that they asked why did he not get "Party status".  Keith blamed the lack of time for this although it's likely they would have found another reason to reject his appeal if he had been a party.


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