Showing posts tagged “jordan lake”
Samiha Khanna ·
16 Dec 2009, 5:50 PM ·
4 Comments
A superior court judge found in favor of Southern Durham Development on Wednesday in its major lawsuit against the county.
Superior Court Judge Howard Manning said that lines drawn in 2006 by a former planning director that outline the protective boundaries around Jordan Lake are binding and must stand.
This means that 146 of 165 acres on which Southern Durham Development was hoping to build a mixed-use community are no longer considered part of a protected zone that heavily restricts commercial and residential development, opening the door to broader development options.
In his ruling, Manning dismissed other arguments in the lawsuit against Durham County, including claims by Southern Durham Development that county officials were trying to undermine its development plans for the land (west of N.C. 751 in South Durham), and requests for $20,000 in damages.
Both parties seemed pleased with portions of the judge’s actions.
“We feel we’ve had the facts and the law on our side the entire time, and that’s what the court said,” said Alex Mitchell, president of Southern Durham Development.
Continue reading »
Durham, Durham County, environment, news 751 Assemblage, Alex Mitchell, development, Durham County Commissioners, Durham planning department, Durham politics, Howard Manning, jordan lake, Lowell Siler, protest petition, Southern Durham Development
Samiha Khanna ·
11 Dec 2009, 5:33 PM ·
Comment
Four property owners who signed a petition this fall to protest the rezoning of the protective boundary around the portion of Jordan Lake in Durham County filed a lawsuit late Friday against Durham County officials.
Attorney Jim Conner of the Ragsdale Liggett firm in Raleigh filed the complaint just after 4 p.m. Friday on behalf of Milagros Napoli and Jeffrey Napoli, the Kendrick Estates Investment Corporation, as well as Kristen Corbell. All own property in the area around Jordan Lake to be rezoned.
The parties filed a complaint for a declaratory judgment and injunction, asking a judge to look at the evidence surrounding the petition and rule that the 3-2 vote Durham County Commissioners took in October meant that the rezoning didn’t pass, as the petition was valid, Conner said. A valid petition would have required a “supermajority,” or 4-1 vote to pass, instead of the simple majority vote of 3-2.
“We think the protest petition is clearly valid,” Conner said. “The courts have already said in other cases that if there’s a valid petition and there’s a vote that’s not a three-quarters vote, then the rezoning doesn’t pass.”
The county has 30 days to file an answer to the lawsuit, which named Durham County and the Durham County Commissioners as defendants. Although the Southern Environmental Law Center and Haw River Assembly worked to file the initial protest petition, neither is party to the lawsuit.
Continue reading »
Durham, Durham County, environment, news 751 Assemblage, Durham County, Durham County Commissioners, environment, haw river assembly, jordan lake, Kendrick Estates, protest petition, Southern Durham Development, Southern Environmental Law Center
Samiha Khanna ·
20 Nov 2009, 1:16 PM ·
4 Comments
UPDATE, 2:43 p.m. Planning Director Steve Medlin explained the meaning of the UDO section Lowell Siler referred to yesterday. There have been no significant changes in the facts or circumstances of the area to be rezoned, Medlin said. Changes to the validity of the Jordan Lake protest petition have nothing to do with the area to be rezoned, he said, therefore, commissioners may not apply to rezone the Jordan Lake watershed until 12 months have passed.
ORIGINAL POST: A comment posted to Triangulator this morning raises the issue - do Durham County Commissioners have any option other than to brace themselves for a lawsuit regarding the Jordan Lake protest petition?
We summarized yesterday that County Attorney Lowell Siler appeared to tell County Commissioners repeatedly that only a superior court action could amend the 3-2 vote they took in October to redraw the watershed around Jordan Lake.
But today, re-reading the Unified Development Ordinance that Siler cited, it appears there could be another option—at least in a very general, non-legal lay interpretation (i.e. - we are raising the question and looking for answers). We at the Indy are waiting for an official interpretation.
But yesterday, when Commissioner Ellen Reckhow asked Siler to reiterate what had been discussed at the commissioners’ closed session Thursday morning, he stated he informed commissioners of section 3.5.15 of the UDO.
“When the body has taken action, no action can be taken again until 12 months have passed,” Siler said.
He left out the second part, which is quoted here:
3.5.15 Subsequent Amendments
When the governing body has taken action on a zoning map change, no new application may be filed for a similar zoning map change until at least 12 months have elapsed since the date of the previous action. The Planning Director, or designee, may waive this requirement if the application has been significantly modified or there has been a significant change in the facts or circumstances since the previous request.
Continue reading »
Durham, Durham County, environment, news 751 Assemblage, Durham County Commissioners, Ellen Reckhow, haw river assembly, jordan lake, Lowell Siler, Michael Page, Mike Ruffin, protest petition, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
19 Nov 2009, 12:34 PM ·
8 Comments
Durham County Commissioners met in closed session this morning to discuss next steps in the controversy around a debated petition that could have affected commercial and residential development around Jordan Lake.
County Attorney Lowell Siler told commissioners, essentially, that their hands are tied. If anyone wants to question a vote commissioners took last month to move the Jordan Lake watershed, it’s going to have to be an outside party in a lawsuit, he said. Commissioners cannot go back and revisit the vote they now believe they took, even though they have since learned they took the vote under now questionable circumstances.
“The central issue is, a vote has been taken and the only way to amend that is to go to superior court,” Siler told commissioners Thursday morning. “And we’ll defend that action.”
When Siler says the issue is to be resolved in court, he fails to fully explain, said Elaine Chiosso, director of the Haw River Assembly, which filed the petition. It means a small nonprofit group has to sue the county government and city-county planning department, which have broader resources and deeper pockets.
“We’re hoping to meet that challenge, but it’s a big challenge,” Chiosso said. Continue reading »
Durham, Durham County, news 751 Assemblage, Becky Heron, Durham County Commissioners, Elaine Chiosso, haw river assembly, jordan lake, Lowell Siler, Mike Ruffin, protest petition, Southern Durham Development, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
18 Nov 2009, 8:44 PM ·
4 Comments
A memo sent from Durham planning Director Steve Medlin to County Manager Mike Ruffin last Friday shows that Medlin changed his initial ruling and has found a debated protest petition regarding Jordan Lake is valid.
The memo (PDF) was requested by the Indy and other media outlets and released Wednesday evening with personnel and other information redacted. It shows that petitioners actually did include the required percentage of signatures, although Medlin initially said the petition did not include enough.
It’s unclear what the next step for either the petitioners or the county is, but the findings will be the hot topic at a special county commissioners meeting tomorrow at 10 a.m. All or most of the discussion will likely occur behind closed doors. A meeting notice by the clerk to the Commissioners cited personnel privacy and a pending lawsuit against the county filed by Southern Durham Development as reasons the session is closed. Continue reading »
Durham, Durham County, news 751 Assemblage, Durham County Commissioners, Durham planning department, haw river assembly, jordan lake, Lowel Siler, Mike Ruffin, protest petition, public records, Southern Durham Development, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
17 Nov 2009, 4:58 PM ·
2 Comments
Durham County Attorney Lowell Siler cited four laws today protecting a memo sent Friday from planning Director Steve Medlin to County Manager Mike Ruffin that details the status of a debated protest petition.
Siler responded to a request from the Indy for the document this afternoon, stating that four statutes related to confidential communications by legal counsel to a public board or agency, pending litigation and personnel privacy (specific citations listed on the jump) preclude the memo from being released to the public.
“We want to be open,” Siler said by phone. “We have no desire to withhold any information that can be released, but we have a mandatory responsibility to exercise some privileges by law as it relates to the disclosure of information.”
Siler said his department has been going through the “analysis” presented to Ruffin Friday and that he doesn’t know if any portion of it can be released. He did say that commissioners could vote to release some of the information (see citation on jump).
“It looks like the whole thing is privileged,” Siler said.
County commissioners are scheduled to meet in closed session at 10 a.m. Thursday, and it’s unclear whether they could take any action in open session regarding the memo, or the debated protest petition.
Continue reading »
Durham, Durham County, news 751 Assemblage, Durham County Commissioners, jordan lake, Lowell Siler, Mike Ruffin, protest petition, public records, Southern Durham Development, Steve Medlin
Samiha Khanna ·
16 Nov 2009, 2:02 PM ·
6 Comments
Durham County Commissioner Becky Heron said today that commissioners are scheduled to meet with the planning department and county attorney at 10 a.m. Thursday to hear a report on the status of the Jordan Lake rezoning protest petition.
Heron said the board will discuss the issue in closed session. The Acting Clerk to the Board of Commssioners wasn’t available this afternoon to confirm the meeting, but her assistant did confirm a meeting has been scheduled. Heron said commissioners communicated over the weekend to schedule it.
It’s unclear whether the planning department or county attorney have anything new to add to a Nov. 5 announcement by County Attorney Lowell Siler that the petition was invalid. The Indy has several calls out to public officials, and will update accordingly.
UPDATE, 3:15 p.m. - County Manager Mike Ruffin received a memo late Friday from planning Director Steve Medlin regarding the Jordan Lake protest petition, Ruffin said, but Siler has advised the county that the memo isn’t public because it contains confidential information protected by state law. It’s unclear whether this is relative to a pending lawsuit against the county.
Ruffin also said the County Attorney has advised members of the planning department not to speak about the protest petition, and that he knows of no plans on the part of any county department to publicly outline the county’s findings on the protest petition, but that county commissioners have the power to order the county to make the protest petition findings public after consulting with Siler on any legal ramifications.
Ruffin also said he couldn’t confirm why commissioners are meeting Thursday, just that they’re meeting in a closed session.
Read more about the Jordan Lake protest petition >>
Durham, Durham County, news 751 Assemblage, Becky Heron, Durham County Commissioners, haw river assembly, jordan lake, Lowell Siler, Mike Ruffin, protest petition, Southern Environmental Law Center, Steve Medlin
Samiha Khanna ·
13 Nov 2009, 11:34 AM ·
Comment
This week, colleague Joe Schwartz and I reported on civilian oversight of the police in Chapel Hill and Durham.
While Chapel Hill’s leaders are considering whether to create a panel of citizens to examine complaints against the police, Durham has had a similar board for more than 10 years.
In an interview, Chairman David Harris of the Durham Civilian Police Review Board drew an interesting parallel between the police review board and the Durham Planning Commission. At its last meeting, members of Durham’s police review board said they were concerned that city and police leaders weren’t responsive to the recommendations of the board.
“Are they just pacifying us and they’re not really paying attention?” pondered Harris, who joined the board just last year.
He considered whether members of the board felt something akin to the futility expressed by former Durham Planning Commission member LaDawnna Summers, who resigned last month after city and county leaders went against the recommendations of the commission in two controversial rezoning cases.
No one has threatened to resign from Durham’s Civilian Police Review Board over a lack of response to its recommendations. But the board has had high turnover, and in one interview, former Chairman Ethan Hertz said members generally are concerned about the few appeals the board has received.
“When we don’t see cases, I think many of us feel somewhat discouraged as to whether we really are making a difference,” Hertz said.
Durham, Durham County, environment, news 751 Assemblage, David Harris, Durham, Durham civilian police review board, Durham County Commissioners, Durham Planning Commission, Durham police department, jordan lake, LaDawnna Summers, politics
Samiha Khanna ·
10 Nov 2009, 10:19 AM ·
4 Comments
Durham County Commissioner Becky Heron attempted to get some answers about a controversial petition aired at last night’s commissioners meeting. But her attempt was unsuccessful. County Attorney Lowell Siler recommended that the board talk about the petition in closed session, in large part due to the fact that petitioners could sue the county over the results.
“I wanted us to have an open session and just be very transparent and open to the people,” Heron said.
Through the county’s channels, Siler announced last week that the petition was invalid, in part because of problems with signatures. The petition was filed last month by the Haw River Assembly, with the help of the Southern Environmental Law Center, to make it more difficult for commissioners to rezone the protected area around Jordan Lake. If the petition were valid, it would have required four commissioners to vote to rezone the area, instead of the simple majority of a 3-to-2 vote. That simple majority led to the rezoning on Oct. 12.
But the planning department said the petition didn’t present enough signatures. Since then, the planning department and county have been in a back-and-forth disagreement regarding whether the petition was valid, arguing on points of the land that was counted and whether the signatures were valid.
Read more about the history of this issue >>
Durham, Durham County, news 751 Assemblage, Becky Heron, Durham County Commissioners, Durham planning department, haw river assembly, jordan lake, Lowell Siler, protest petition, Southern Environmental Law Center
Samiha Khanna ·
6 Nov 2009, 12:46 PM ·
3 Comments
The Southern Environmental Law Center and Haw River Assembly, two groups that filed a protest petition last month in an attempt to prevent changes to the protected area around Jordan Lake, responded this morning to the county’s final ruling that the petition was invalid. They criticized the county’s findings, its evaluation process and its statement that further appeal of the decision would have to be presented in a lawsuit.
“That doesn’t give citizens a role in democracy that they should have,” said Elaine Chiosso of the Haw River Assembly. “Suing a local govt is a very expensive proposition. It puts a very big barrier in front of citizens who are trying to hold their government accountable.”
Continue reading »
Durham, Durham County, environment, news 751 Assemblage, Durham County Commissioners, Elaine Chiosso, haw river assembly, jordan lake, Lowell Siler, protest petition, Southern Environmental Law Center
