Article XII. Appeals

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Section 12.01 Appeals Generally

The term “Appeal Party” shall mean an individual or entity that:

  1. has submitted a Property Transfer Application for, or lives within a 200-foot radius of, a property that is the subject of a notice of selection of a Qualified End User pursuant to Section 5.04(e) and/or (f) hereof; or
  2. lives within a 200-foot radius of a property that is owned by the PLB; and
  3. has requested in writing or at a meeting of the PLB Board that the PLB Chair review a particular matter for which the individual or entity is unsatisfied with a PLB staff member’s decision, determination, or conclusion.
    The PLB Chair shall not entertain any request for an appeal if such request is for a property that is the subject of a Purchase and Sale Agreement pursuant to Section 5.04(h) hereof.

Section 12.02 Initial Appeal

Upon notice from an Appeal Party, the PLB’s Chair will independently discuss the matter with the staff member and the interested party and will notify the interested party of the outcome within seven (7) days.

Section 12.03 Further Appeal

  1. When an Appeal Party is directly affected and unsatisfied by the outcome pursuant to 12.02 (A), the party may file an appeal with the PLB’s Board of Directors. The appeal must be in writing and submitted to the PLB no later than ten (10) days after notice of the PLB’s decision.
  2. The PLB’s Board of Directors will consider each appeal on a case-by-case basis to determine whether the decision of the PLB followed these Policies and Procedures or the Board’s resolutions.
  3. The PLB will ensure appeal decisions are made in a timely manner.
  4. If the Board determines that the PLB acted in a way inconsistent with these Policies and Procedures or the Board’s resolutions, the Board may take action to correct the prior decision. When feasible, the Board may instruct the PLB to reconsider its decision in a manner consistent with these Policies and Procedures.
  5. If the PLB has decided to acquire or dispose of a property or contract for services, and if at the time of the appeal the PLB has contracted to acquire or dispose of property or contract for services, the appeal will not affect the ability of the PLB to acquire or retain title to the property, dispose of the property, or perform its contractual obligations.
  6. Regardless of the outcome of the appeal, the Board will instruct the PLB to notify the Appeal Party of the outcome of the appeal in writing. Decisions made by the full board shall be the final PLB determination and subject to no further appeal.