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approval. In addition, case law holds that where a developer has expended substantial <br />financial resources in reliance upon municipal approval of a given project, the developer <br />may not be affected by subsequent legislation which is contrary to the initial approval. <br />While the statute and case law have traditionally centered on developer rights, a careful <br />reading of the statute reveals that its language can also be applied by other persons who <br />have expended substantial resources in reliance on a particular municipal approval. In the <br />present case, lot buyers who improved their lots with homes, moved their families into <br />the community, enrolled their children in local schools, and otherwise completely <br />committed their lives to their present location in reliance on the municipal approval of an <br />overall development at a given density expectation, have the same right to insist that the <br />municipality follow the original approval, regardless of subsequent ordinances and <br />features which might otherwise permit more intense development. <br /> <br />C. Additional Legal Arguments <br /> <br />There are numerous other legal arguments favoring tabling the present request. These <br />include the present unsettled status of the City's charter amendment relating to adjacent <br />densities, which would be clearly violated by the present proposal. What would happen if <br />the City were to encourage the developer to proceed by adopting enabling zoning, but <br />subsequently finds that the densities permitted by that zoning are inconsistent with the <br />City's charter? <br /> <br />Conclusion <br /> <br />We believe that the prudent course of action would be to table this request, to provide the <br />City with the opportunity to review the history of this development, and to more fully <br />explore whether or not the zoning ordinance as presently written adequately addresses the <br />property rights of other persons affected by a zoning change. It would also provide an <br />opportunity for the existing neighborhood to continue to try to work with the developer to <br />arrive at a plan which meets their concerns. <br /> <br />I would specifically request that this letter be made a part of the Public Hearing record <br />in connection with the public hearing on the matter, currently scheduled for December <br />3, 199& <br /> <br />cc: William Goodrich, City Attorney <br /> <br /> <br />