No such findings are reflected in the Board’s August 2, 2006 minutes. Again, the actions of the Board were not based upon the appropriate findings, were arbitrary, and denied this Defendant appropriate due process.
A third manner by which the Historic Preservation Board erred when taking action on the Defendant’s application for demolition, was when board member James “Chris” Buchanan, an individual maintaining a personal, stated pecuniary interest in the outcome of any action on this Defendant’s permit application, voted to deny the application as a member of the Historic Preservation Board, thereby (by his own testimony) acting in his own, personal financial interest. Action which is clearly a conflict of interest and which again denied this Defendant appropriate due process.
III. The Ashland County Historical Society is entitled to a demolition permit under the terms of the Ordinance notwithstanding any action by the Historic Preservation Board to the contrary.
As noted above, the Ordinance at issue, on page 8, requires that a demolition permit be granted upon review, or following a period of 60 days. It is not disputed that the Historic Preservation Board reviewed the demolition application of the Ashland County Historical Society on August 2, 2006. By the very terms of the Ordinance, the Historic Preservation Board was required to approve the application immediately or within sixty days. Therefore, on or about October 2, 2006, the Ashland County Historical Society was entitled to a demolition permit or “certificate of appropriateness.” Accordingly, the City of Ashland issued a demolition permit (Joint Exhibit 1 previously admitted) on October 3, 2006 as it was required to do.
Plaintiffs assert that somehow, this Defendant’s right to a demolition permit is impacted by the failure of the Historic Preservation Board to issue a “certificate of appropriateness.” Yet, the admissions of the City of Ashland clearly reflect that applications have been granted without the actual issuance of any such paper certificate, and that a document or certificate specifically identified as a “certificate of appropriateness” does not exist. The only certificate which can and be issued is a demolition certificate which, in fact, was properly issued by the City of Ashland on October 3, 2006.