[Durham INC] Judge upholds Duke’s original map change of Jordan Lake watershed

Melissa Rooney mmr121570 at yahoo.com
Wed Dec 16 20:13:41 EST 2009



Take a look at the attached pictures, all taken of the same spot (zoomed in on the mass of water on the left side of Stagecoach road, where the 751 Assemblage is proposed to be built). These were taken in November, 6 days AFTER the rain had stopped.


It looks even worse now. Take a drive down Stagecoach road just beyond the intersection with
Fayetteville Road (where SDD plans to develop the 751 Assemblage) -- the land
from the lake all the way up to Stagecoach road (where SDD plans to develop the
751 Assemblage) is under water. At the Oct 12 BOCC rezoning hearing, someone speaking for the developers said that 'if it looks like a creek, it's a creek.' Well, it sure looks more
like a lake than a creek right now…



Regardless of the judge's decision today, the
fact remains that if the development community had not gone through the back
door (i.e. Frank Duke) to get this watershed changed in the first place, the
county gov't would likely have held the public hearings required by our UDO and
the public would have been served. All of Durham County is now paying for Frank
Duke's unilateral and questionable decision. 

That's all I have to say about that.

Melissa (Rooney)


--- On Wed, 12/16/09, Melissa Rooney <mmr121570 at yahoo.com> wrote:

From: Melissa Rooney <mmr121570 at yahoo.com>
Subject: Judge upholds Duke’s original map change of Jordan Lake watershed
To: inc-list at rtpnet.org, durhamenviro at yahoogroups.com
Date: Wednesday, December 16, 2009, 7:43 PM


http://www.indyweekblogs.com/triangulator/2009/12/16/judge-upholds-dukes-original-map-change-of-jordan-lake-watershed/

  

  

http://triangle.bizjournals.com/triangle/stories/2009/12/14/daily44.html

See the news articles above regarding the outcome of the developers' suit against Durham county today. In a nutshell, the judge upheld Frank Duke's decision regarding the watershed changes pertaining to the SDD property (where the 751 Assemblage mini-city is proposed to be built), but made no decisions altering the county's resulting vote to rezone the rest of the watershed 'arc' on Oct 12 (when a now valid protest petition was deemed invalid). 

Thus, the protest petition lawsuit is still in swing. 

It would have been nice for the judicial system to have handled this case before the county's rezoning vote on Oct 12, and certainly before the Dec 11 deadline for the citizens' appeal of the county's
 Oct 12 rezoning decision (the protest petition lawsuit), as the judge's decision could certainly have changed the county's handling of the case, as well as the citizen's response (i.e. the protest petition lawsuit) to the county's questionable actions.

Once again it seems the citizen's are the ones hard-done by.

I hope that the city of Durham thinks long and hard about whether or not to rezone SDD's land from rural to suburban (which is necessary to enable the construction of the 751 Assemblage mini-city).

Sincerely disheartened,
Melissa (Rooney)









      


      
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