[Durham INC] [WHHNA-list] ZONING PROTEST PETITION ACTION NEEDED RIGHT NOW!

Tue Mar 24 06:52:41 EDT 2015

Dear Neighbors:

Last night, the North Carolina House delayed its consideration of House Bill 201, the protest petition repeal bill, until 2 p.m. today.  This morning please write that short e-mail asking representatives to vote no to the bill and yes to the amendment (see below).

This time send your message to every member of the House of Representatives at HouseE-mail at ncleg.net .

Thanks,

Tom Miller

Durham

From: Tom Miller [mailto:tom-miller1 at nc.rr.com] 
Sent: Sunday, March 22, 2015 8:40 PM
To: inc-list at lists.deltaforce.net; whhna-list at whhna.org; John Schelp; 'Eric Heidt'; 'Lorisa Seibel'
Subject: [WHHNA-list] ZONING PROTEST PETITION ACTION NEEDED RIGHT NOW!

Dear Neighbors:

Tomorrow, Monday the 23rd, at 7 p.m., the NC House will vote on the protest petition repeal bill, House Bill 201.  Please e-mail your legislators and tell them to vote against it.  This may be our last chance to stop the bill before it goes to the NC Senate (where we may not expect much support).  

Last Thursday, the bill came up for debate in the House Local Government Committee.  After the sponsors presented the bill, Representative Luebke from Durham moved to amend the bill by taking out the repeal language and inserting instead the compromise language from Senate Bill 285.  This would save the protest petition right, but raise the signing threshold from 5% to 15% and reduce the supermajority vote from 3/4s to 2/3s.  When the amendment came for a voice vote in the committee, it was clear that the “ayes” had won, but the committee chairman, Representative Davis, ruled that the amendment was defeated.  He then refused to recognize Rep. Luebke’s request for a “division” or counted vote.  Instead he called for a vote on the un-amended bill which passed.  Although this is very disappointing, it does show that a significant number of house members are interested in a compromise which would save the protest petition right.  

We expect that the amendment will be offered again tomorrow when the bill is debated on the house floor.

Please send a short, polite e-mail to all the members of your town or city’s house members asking them to save the protest petition right.  Tell them to vote against House Bill 201.  I suggest that you ask them to support the 5%-to-15%, 3/4s-to-2/3s amendment when it comes up tomorrow. SEND YOUR E-MAIL RIGHT NOW!  We may not get another chance.

Durham area House members:

 <mailto:Paul.Luebke at ncleg.net> Paul.Luebke at ncleg.net;  <mailto:Mickey.Michaux at ncleg.net> Mickey.Michaux at ncleg.net;  <mailto:Larry.Hall at ncleg.net> Larry.Hall at ncleg.net;  <mailto:Graig.Meyer at ncleg.net> Graig.Meyer at ncleg.net;  <mailto:Larry.Yarborough at ncleg.net> Larry.Yarborough at ncleg.net;  <mailto:Marilyn.Avila at ncleg.net> Marilyn.Avila at ncleg.net;  <mailto:Robert.Reives at ncleg.net> Robert.Reives at ncleg.net;  <mailto:Verla.Insko at ncleg.net> Verla.Insko at ncleg.net

PLEASE FORWARD THIS MESSAGE TO YOUR NEIGHBORHOOD LISTSERVES!

Arguments for the protest petition:

The right to file a protest petition against a rezoning is a time honored right.  Under NC law, if the owners of 5% of the ring of property 100 feet deep surrounding land to be rezoned file a formal 

protest petition, it takes a super majority of 3/4s of the members of the city council to pass the rezoning.  The protest petition right in North Carolina is as old as zoning itself.  The right was part of the 

legislation passed by the General Assembly in 1923 giving cities the right to regulate land use by zoning.  A protest petition right protects a neighbor’s investment in his own property and his reasonable expectations in the stability of the regulatory environment.  It protects neighbors and property owners from sudden, capricious, and wrongfully-motivated  zone changes.  When neighbors file a protest petition it is a signal that the proposed rezoning deserves special attention by elected officials.  Relatively few protest petitions are filed and they rarely cause rezonings to be denied.  But protest petitions do often lead to more thoughtful results in zoning cases and better buffering and protections between incompatible uses.  The protest petition right levels the playing field between ordinary citizens trying to protect their homes and powerful developers who can afford attorneys and land planners to advance their interests.  The right to a protest petition was part of model zoning laws promulgated by the US Department of Commerce in the 1920s.  It is part of zoning law all across the country.  Citizens in states bordering North Carolina have the right to file a protest petition.  Why shouldn’t we?

Thank you.

Tom Miller

Durham

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