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Re: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!

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  • Allen Dyer
    ... From: McLaughlin, Marsha To: Bridget Mugane ; lmarkovitz@comcast.net ; howard-citizen@yahoogroups.com Cc: Mackey, William ; Flowers, Kimberley Sent:
    Message 1 of 5 , Nov 18, 2012
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      ----- Original Message -----
      Sent: Sunday, November 18, 2012 3:54 PM
      Subject: RE: [howard-citizen] CB 36

      Bridget and Lisa:
       
      In crafting CB 36, ....
       
      Lastly, as I've tried to clarify before, if the Zoning Board approves a CEF application, their decision IS APPEALABLE to the Circuit Court, as well as higher courts. ....
       
      Marsha
       
      and, please remember that all you need to appeal is STANDING.  that should mean one and possibly two citizens could appeal.  for the rest of the county -- TOUGH LUCK.
       
      under current maryland law, appeal rights are a JOKE.
       
      allen dyer
       
    • McLaughlin, Marsha
      Standing is an issue - regardless of whether the appeal is to piecemeal rezoning or for a floating zone like CEF. While this may limit appeals by people that
      Message 2 of 5 , Nov 18, 2012
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        Standing is an issue - regardless of whether the appeal is to piecemeal rezoning or for a floating zone like CEF. While this may limit appeals by people that don't have property in the surrounding community, it shouldn't be a problem for the neighbors. 
         

        From: howard-citizen@yahoogroups.com [howard-citizen@yahoogroups.com] On Behalf Of Allen Dyer [aldyer@...]
        Sent: Sunday, November 18, 2012 5:02 PM
        To: howard-citizen@yahoogroups.com
        Subject: Re: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!



        ----- Original Message -----
        Sent: Sunday, November 18, 2012 3:54 PM
        Subject: RE: [howard-citizen] CB 36

        Bridget and Lisa:
         
        In crafting CB 36, ....
         
        Lastly, as I've tried to clarify before, if the Zoning Board approves a CEF application, their decision IS APPEALABLE to the Circuit Court, as well as higher courts. ....
         
        Marsha
         
        and, please remember that all you need to appeal is STANDING.  that should mean one and possibly two citizens could appeal.  for the rest of the county -- TOUGH LUCK.
         
        under current maryland law, appeal rights are a JOKE.
         
        allen dyer
         


      • beengland@comcast.net
        Hi Marsha, The standard for Standing is a lot harder than owning land in the surrounding community,  you have to be with in sight of the development, even
        Message 3 of 5 , Nov 18, 2012
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          Hi Marsha, The standard for "Standing" is a lot harder than owning land in the surrounding community,  you have to be with in sight of the development, even though my property is about a 1/4 mile from the Minsstrel Crossing  development and the land is covered by the same EGU covenants Michele LaFaivre said I did not have "Standing". She even suggested that the owner of the Exxon station did not have standing because of the raised land and landscaping stopped her seeing the station from the site in question. (hey that is what Columbia is about!) For more details go to the transcript of the Minstrel Crossing Hearing it should be available soon. Brian




          From: "Marsha McLaughlin" <mmclaughlin@...>
          To: howard-citizen@yahoogroups.com
          Sent: Sunday, November 18, 2012 5:04:05 PM
          Subject: RE: [howard-citizen] CB 36 -- "appeal right"  HAH! HAH! HAH!



          Standing is an issue - regardless of whether the appeal is to piecemeal rezoning or for a floating zone like CEF. While this may limit appeals by people that don't have property in the surrounding community, it shouldn't be a problem for the neighbors. 
           

          From: howard-citizen@yahoogroups.com [howard-citizen@yahoogroups.com] On Behalf Of Allen Dyer [aldyer@...]
          Sent: Sunday, November 18, 2012 5:02 PM
          To: howard-citizen@yahoogroups.com
          Subject: Re: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!



          ----- Original Message -----
          Sent: Sunday, November 18, 2012 3:54 PM
          Subject: RE: [howard-citizen] CB 36

          Bridget and Lisa:
           
          In crafting CB 36, ....
           
          Lastly, as I've tried to clarify before, if the Zoning Board approves a CEF application, their decision IS APPEALABLE to the Circuit Court, as well as higher courts. ....
           
          Marsha
           
          and, please remember that all you need to appeal is STANDING.  that should mean one and possibly two citizens could appeal.  for the rest of the county -- TOUGH LUCK.
           
          under current maryland law, appeal rights are a JOKE.
           
          allen dyer
           




        • Bridget Mugane
          The adjacent neighbors often, if not usually, do not have the stomach or the money to launch a court case, with the necessary expense of an attorney. This has
          Message 4 of 5 , Nov 19, 2012
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            The adjacent neighbors often, if not usually, do not have the stomach or the money to launch a court case, with the necessary expense of an attorney.  This has repeatedly been an issue - remember the 27 story Plaza building still proposed for Downtown Columbia and the Walgreens on 175 at Thunderhill.  Standing was the issue and the plaintiffs lost on that basis.  Some other counties follow the federal rule that allows organizations to appeal.  Legislation to expand this right in Maryland has failed because of the opposition of a state legislative committee chair, is my understanding.  HCCA testified in favor of it years ago.
             
            Bridget Mugane

            Sent: Sunday, November 18, 2012 5:04 PM
            Subject: RE: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!

            Standing is an issue - regardless of whether the appeal is to piecemeal rezoning or for a floating zone like CEF. While this may limit appeals by people that don't have property in the surrounding community, it shouldn't be a problem for the neighbors. 
             

            From: howard-citizen@yahoogroups.com [howard-citizen@yahoogroups.com] On Behalf Of Allen Dyer [aldyer@...]
            Sent: Sunday, November 18, 2012 5:02 PM
            To: howard-citizen@yahoogroups.com
            Subject: Re: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!



            ----- Original Message -----
            Sent: Sunday, November 18, 2012 3:54 PM
            Subject: RE: [howard-citizen] CB 36

            Bridget and Lisa:
             
            In crafting CB 36, ....
             
            Lastly, as I've tried to clarify before, if the Zoning Board approves a CEF application, their decision IS APPEALABLE to the Circuit Court, as well as higher courts. ....
             
            Marsha
             
            and, please remember that all you need to appeal is STANDING.  that should mean one and possibly two citizens could appeal.  for the rest of the county -- TOUGH LUCK.
             
            under current maryland law, appeal rights are a JOKE.
             
            allen dyer
             


          • lmarkovitz@comcast.net
            I understand the issues below re: Standing and possibility to prevail.  However, the issues here is comparing the rights of appeal of CEF to other zones,
            Message 5 of 5 , Nov 19, 2012
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              I understand the issues below re: Standing and possibility to prevail.  However, the issues here is comparing the rights of appeal of CEF to other zones, floating or otherwise.  The comparisons are clear, there is less ability to appeal CEF because the criteria are subjective, and the requirements are customized.  Add to that, it's a floating zone and no change or mistake is needed, and you're just stuck with whatever the current zoning board is willing to let developers do, whether you live next door or down the road.

               

              Thanks all,
              Lisa


              From: "Bridget Mugane" <fsatty@...>
              To: howard-citizen@yahoogroups.com
              Sent: Monday, November 19, 2012 10:18:50 AM
              Subject: Re: [howard-citizen] CB 36 -- "appeal right"  HAH! HAH! HAH!

               

              The adjacent neighbors often, if not usually, do not have the stomach or the money to launch a court case, with the necessary expense of an attorney.  This has repeatedly been an issue - remember the 27 story Plaza building still proposed for Downtown Columbia and the Walgreens on 175 at Thunderhill.  Standing was the issue and the plaintiffs lost on that basis.  Some other counties follow the federal rule that allows organizations to appeal.  Legislation to expand this right in Maryland has failed because of the opposition of a state legislative committee chair, is my understanding.  HCCA testified in favor of it years ago.
               
              Bridget Mugane

              Sent: Sunday, November 18, 2012 5:04 PM
              Subject: RE: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!

              Standing is an issue - regardless of whether the appeal is to piecemeal rezoning or for a floating zone like CEF. While this may limit appeals by people that don't have property in the surrounding community, it shouldn't be a problem for the neighbors. 
               

              From: howard-citizen@yahoogroups.com [howard-citizen@yahoogroups.com] On Behalf Of Allen Dyer [aldyer@...]
              Sent: Sunday, November 18, 2012 5:02 PM
              To: howard-citizen@yahoogroups.com
              Subject: Re: [howard-citizen] CB 36 -- "appeal right" HAH! HAH! HAH!



              ----- Original Message -----
              Sent: Sunday, November 18, 2012 3:54 PM
              Subject: RE: [howard-citizen] CB 36

              Bridget and Lisa:
               
              In crafting CB 36, ....
               
              Lastly, as I've tried to clarify before, if the Zoning Board approves a CEF application, their decision IS APPEALABLE to the Circuit Court, as well as higher courts. ....
               
              Marsha
               
              and, please remember that all you need to appeal is STANDING.  that should mean one and possibly two citizens could appeal.  for the rest of the county -- TOUGH LUCK.
               
              under current maryland law, appeal rights are a JOKE.
               
              allen dyer
               


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