[Durham INC] County Attorney declines to resolve protest petition problems -- no specifics given

[Melissa Rooney]

Please see the news release below this email, as well as the two news articles from the Independent Weekly detailing the situation:





http://www.indyweekblogs.com/triangulator/2009/11/05/durham-county-defends-finding-that-petition-is-invalid/

  

http://wbx.me/l/?p=1&u=http%3A%2F%2Fwww.indyweekblogs.com%2Ftriangulator%2F2009%2F11%2F06%2Forgs-behind-protest-petition-criticize-county-attorneys-ruling%2F

It took the planning department two days to determine that the protest petition was invalid (for arguably the most complicated rezoning case the county has ever considered), yet after 1.5 weeks, the county attorney can come up with only one sentence detailing, in no specific terms, his office's intent to make citizens take the county to court in order to receive answers to their queries regarding errors and bias in the protest petition calculations. 

What is to stop the county from finding every future protest petition invalid and
 forcing citizens to take them to court (or calling their bluff) in order to protect the very limited protections/rights given them by their UDO?

** Please write County Attorney Lowell Siler and demand the specifics regarding the planning department and county attorney's decision to defend the invalidity of the protest petition -- 

1) which signatures are in question? 

2) Did they, in fact, even attempt to verify ANY of the signatures, and if so, which ones? [As of yesterday, I know that the 3 largest property owners of the 'western side' in question had not been contacted in this regard.] 

3) How much could this cost Durham county in terms of their own legal/staff time and costs (for preparation and court defense) and possible punitive damages to the plaintiffs (at the very least the plaintiff's own court costs)? How does this cost compare to the approx. $90,000 required for an independent survey of the entire Jordan lake
 within Durham County?

4) Furthermore, why the lack of transparency? Once again, things are being determined behind closed doors, and insiders have alluded to findings being disclosed to developer's attorneys but not the public. Demand that the Board of County Commissioners put an immediate stop to these secret discussions and continue to 'follow the proper procedure' for which they voted earlier this year (in deciding to hold public hearings on the Jordan Lake Watershed rezoning in the first instance).

Here are the email addresses you'll need:





lsiler at co.durham.nc.us,  attorney at durhamcountync.gov


be sure to cc the commissioners:


commissioners at durhamcountync.gov
    

beckymheron at nc.rr.com,
brendahowerton10 at yahoo.com,
ereckhow at aol.com, jbowser2 at nc.rr.com, mdelanopage at aol.com 

Thanks in advance for your continued concern and involvement in this very important and defining case in Durham's government. Please stay in the fight with those of us on the front lines by sending another email -- we've come to far to be silenced now.

Thanks so much!
Melissa (Rooney)
P.S. best to right your own email rather than just forwarding this one.


Steve

>From a news release from the county, sent at 5:24 p.m. yesterday (Thursday, November 5, 2009):Durham City-County Planning Director’s Protest Petition Ruling will be defendedCounty Attorney Lowell L. Siler stated today that upon receipt of an appeal, his office will defend the Durham City-County Planning Director’s determination that the Jordan Lake protest petition is invalid based on factors that include, but are not limited to the standing and authority of certain parties signing the petition submitted by the Haw River Assembly.Siler informed the Board of County Commissioners that any legal challenge will be defended in Superior Court.



      
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