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Court of Appeals Decision
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Last modified
12/27/2019 4:01:21 PM
Creation date
12/26/2019 2:48:45 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Appeal Decision
Document_Date
8/14/2019
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Yes
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1 2002). A broader definition is "of, relating to, or connected with residence or <br />2 residences." Id. Context leads us to conclude that the code drafters intended the broader <br />3 meaning here. EC 9.2751(1)(b) identifies "common open space" and "recreation <br />4 facilities" as specific examples of land "in actual residential use and reserved for the <br />5 exclusive use of the residents in the development"--which fits with the broader definition <br />6 of "residential" but not the narrower one. Similarly, EC 9.2751(1)(c)(1) provides that <br />7 streets and alleys, public parks, and other public facilities are to be excluded from "[t]he <br />8 acreage of land considered part of the residential use." If "residential" were intended to <br />9 mean only dwellings, it would be entirely unnecessary to call out those specific <br />10 examples, because they could never be mistaken for residential uses. We therefore <br />11 understand "residential use," as used in EC 9.275 1 (1)(b), to mean a use of, relating to, or <br />12 connected with residence or residences. <br />13 The next question is what "actual" means in "actual residential use." As <br />14 used here, the relevant definitions are "existing in fact or reality : really acted or acting or <br />15 carried out--contrasted with ideal and hypothetical," or "something that is actual or exists <br />16 in fact : REALITY." Webster's at 22. In this context, we understand land in "actual <br />17 residential use" to mean land that is in fact in residential use, as distinct from being <br />18 hypothetically usable for residential use. <br />19 That leaves the phrase "reserved for the exclusive use of the residents in the <br />20 development." EC 9.2751(1)(b). The most pertinent definition of "exclusive" is <br />21 "excluding or having power to exclude (as by preventing entrance or debarring from <br />9 <br />
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