[Durham INC] [Fwd: Kendrick Estates Lawsuit Resolved]

[Melissa Rooney]

I saw this and was trying to 'let it marinate' before responding to it...

"The Unified Development Ordinance mandates that when there is a significant 
change in an application, that the zoning map change be resubmitted and go 
through the entire zoning process again. All properties with the exception of 
the Southern Durham Development and Hunter properties, per the court order, will 
be reverted to their prior watershed zoning status."

WTH?? Sounds like the convoluted words of our County attorney to me. Orwell 
would call it double speak, I believe.

So basically just because a judge (Manning) arbitrarily and with little 
explanation (besides 'when local gov't messes up this much, my sympathies are 
with the developers') said so, SDD and the Hunter properties are relieved of the 
statedrequirement by our UDO that "the [watershed] zoning map change be 
resubmitted and go through the entire zoning process again." If this were not 
the case, the protest petition, belatedly ruled valid by Planning Director Steve 
Medlin, would have kept the watershed rezoning (for the SDD/Hunter properties) 
from passing.

In a just world, the developer's watershed court case (and the Manning ruling) 
would be appealed. But, of course, our county gov't wasn't really a defendant, 
was it? The majority of county commissioners wanted the watershed rezoning for 
SDD, regardless of whether or not it was achieved by democratic or just means, 
and they are the only ones with standing to appeal Manning's decision. If only 
we citizens had the financial resources of these big time developers so that we 
could hire the legal guns to manipulate the process in favor of our democratic 
rights.

Melissa (Rooney)



________________________________
From: RW Pickle <randy at 27beverly.com>
To: inc-list at durhaminc.org
Sent: Wed, February 16, 2011 10:28:46 PM
Subject: [Durham INC] [Fwd: Kendrick Estates Lawsuit Resolved]

Just in case you missed it.

RWP

---------------------------- Original Message ----------------------------
Subject: Kendrick Estates Lawsuit Resolved
From:    ddudley at durhamcountync.gov
Date:    Wed, February 16, 2011 3:08 pm
To:      Undisclosed recipients:;
--------------------------------------------------------------------------

[cid:image001.jpg at 01CBCDEB.4CA4D2B0]
NEWS RELEASE

For Immediate Release                                                    
                                   Date: February 16, 2011
Contact: Deborah Craig-Ray                                                
                             Phone: 560-0002/Fax: 560-0020
                                                                                
                            e-mail:
dcraig-ray at co.durham.nc.us

Kendrick Estates Lawsuit Resolved



An agreement to discontinue the lawsuit entitled: Kendrick Estates versus
County of Durham was filed on Tuesday February 15, 2011 in Superior Court
that resolved that lawsuit against the County.  The agreement acknowledges
that based on a court order by the Superior Court that properties owned by
Southern Durham Development  (SDD) and Neil Hunter must be removed from
the zoning map change application and that it resulted in a substantial
change to the zoning map change application.



The Unified Development Ordinance mandates that when there is a
significant change in an application, that the zoning map change be
resubmitted and go through the entire zoning process again. All properties
with the exception of the Southern Durham Development and Hunter
properties, per the court order, will be reverted to their prior watershed
zoning status.


For additional information, contact Steven L. Medlin, AICP, City-County
Planning Director at (919) 560-4137 ext. 28223

.




###

________________________________
"This message is being sent on a public e-mail system and may be subject
to disclosure under the North Carolina Public Records Act."


====================================================================
This e-mail, and any attachments to it, contains PRIVILEGED AND
CONFIDENTIAL information intended only for the use of the addressee(s) or
entity named on the e-mail. If you are not the intended recipient of this
e-mail, or the employee or agent responsible for delivering it to the
intended recipient, you are hereby notified that any reading,
dissemination or copying of this e-mail in error is strictly prohibited.
If you have received this electronic  transmission in error, please notify
me by telephone (919-489-0576) or by electronic mail (pickle at patriot.net)
immediately.
=====================================================================


      
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://rtpnet.org/pipermail/inc-list/attachments/20110217/94f75247/attachment.html>