The LORDSHIP of Judges........
Build condos – or go to jail
Judge threatening county planners with prison if development not OK'd
A judge in Maryland is threatening jail time for county planners if they don't approve a 254-townhouse project in a badly congested region, despite a shortage of water and a petition signed by 600 residents.
"What is the point of having commissioners if the county is going to be run by lawyers and judges?" Carroll County Commissioner Dean Minnich told the Baltimore Sun. "All the decisions at this level of the courts seem to be pro-development."
According to the paper, the planning commission rejected the Eldersburg project last year, citing inadequate facilities in South Carroll, whose population has nearly tripled since 1980.
But Circuit Judge Michael M. Galloway agreed with developers that a previous ruling from six years ago was still valid, and on June 30, he ordered commissioners to OK the site plan for the rental complex in the county's most populous and fastest-growing area.
Benjamin Rosenberg, attorney for the developer, the Carrolltowne Development Partnership, said he'd demand jail time for members of the planning commission – including County Commission president Julia Walsh Gouge – if officials did not comply with the judge's decision.
Local roads are reportedly congested, schools are surrounded by portable classrooms, and the water supply is so stretched, officials have cut back on development until new sources of H2O can be found.
"They will find water for this project," Rosenberg told the Sun. "The county should have reserved water for this project in 1995. If need be, it will have to take water allocated to another project."
The ruling is prompting an outcry from some local residents.
One posted reaction in an online messageboard, decrying the judge's ruling:
"The citizens of Carroll County be damned. A developer wants to make some bucks. It's simple, go to court and have the judges become the final word on what is best for the county. Judges are becoming too powerful in this country. Their ilk are strictly out of touch with what is good and right for society. In this case, they overstepped their authority and are attempting to become legislators. For the sake of their citizens, I hope the board will unanimously ignore the judges. Their is no one the judges can go to to enforce the ruling. All the bench warrants in the world are not going to have the board arrested. No one will lift a finger to jail the board."
Now a judge can rule that elected officials must IGNORE voters and what is in the best interest of the community- or go to jail? HUH?
Judge threatening county planners with prison if development not OK'd
A judge in Maryland is threatening jail time for county planners if they don't approve a 254-townhouse project in a badly congested region, despite a shortage of water and a petition signed by 600 residents.
"What is the point of having commissioners if the county is going to be run by lawyers and judges?" Carroll County Commissioner Dean Minnich told the Baltimore Sun. "All the decisions at this level of the courts seem to be pro-development."
According to the paper, the planning commission rejected the Eldersburg project last year, citing inadequate facilities in South Carroll, whose population has nearly tripled since 1980.
But Circuit Judge Michael M. Galloway agreed with developers that a previous ruling from six years ago was still valid, and on June 30, he ordered commissioners to OK the site plan for the rental complex in the county's most populous and fastest-growing area.
Benjamin Rosenberg, attorney for the developer, the Carrolltowne Development Partnership, said he'd demand jail time for members of the planning commission – including County Commission president Julia Walsh Gouge – if officials did not comply with the judge's decision.
Local roads are reportedly congested, schools are surrounded by portable classrooms, and the water supply is so stretched, officials have cut back on development until new sources of H2O can be found.
"They will find water for this project," Rosenberg told the Sun. "The county should have reserved water for this project in 1995. If need be, it will have to take water allocated to another project."
The ruling is prompting an outcry from some local residents.
One posted reaction in an online messageboard, decrying the judge's ruling:
"The citizens of Carroll County be damned. A developer wants to make some bucks. It's simple, go to court and have the judges become the final word on what is best for the county. Judges are becoming too powerful in this country. Their ilk are strictly out of touch with what is good and right for society. In this case, they overstepped their authority and are attempting to become legislators. For the sake of their citizens, I hope the board will unanimously ignore the judges. Their is no one the judges can go to to enforce the ruling. All the bench warrants in the world are not going to have the board arrested. No one will lift a finger to jail the board."
Now a judge can rule that elected officials must IGNORE voters and what is in the best interest of the community- or go to jail? HUH?
posted by Straight Up with Sherri at
1:47 PM
6 Comments:
If the commissioners had not voted to allow the development 6 yrs ago, this would not be an issue. But they did, and the court is just telling the city that its decision is binding. Seems like common sense to me...cities should not be making such decisions lightly.
Also, it's the developer's attorney that said he was going to ask for jail time...not the judge himself.
By
Anonymous, at 4:18 PM
Also of interest is that the city forced the developer's hand. The developer was contemplating putting a commercial property there, but the city then yanked the business zoning for the area. So the developer had only the residential plan to fall back on after that.
By
Anonymous, at 4:24 PM
soprano
You raise some interesting points. What are your thoughts on the site being able to handle this development. If the elected officials were to allow further development without conditions needed don't you think this would be highly irresponsible?
For instance, if I tell my son that when he turns 16 he can get his license, then when he turns 16, I cannot afford the insurance, which is more important? To keep my promise or work to overcome the obstacles in the way to make it SAFE for me to follow through with my promise?
Devolpment is a great thing- but SMART GROWTH is the responsible way to go.
By
Straight Up with Sherri, at 5:07 PM
I think the judge should visit the area and let someone explain to him why it wouldn't be a good idea to build any condos right now. The judge probably doesn't stay in this county to understand what he is been told about why condos shouldn't be build right now, or maybe he is being pressured to get some condos in this town. I do not think it is right to throw people in jail because they will not build condos in an area that has might not have enuff water for some of the project that have been build in the past. A judge shouldn't determine what or where something should be build, but should rule whether a person's property can be taken or not. I would like to hear the outcome of this situation.(TB-8068)
By
Anonymous, at 12:52 PM
I too feel that local judges are becoming too powerful. The only court that should have great power is the supreme court. Basically, the court is becoming the head of the government. This basically rules out the mayor, government, or maybe eventually the president. This is getting out of hand.
DLM1930
By
Anonymous, at 1:11 PM
I think the judge in this situtaion is overstepping his bounds. As a resident of the metro Atlanta area, I am all too familiar with overdevelopment. Atlanta is full of streets packed with too many commuters, a great majority of schools are at or over their capacity limits, and yet, new housing developments are going up. All of my ranting does not even include the effect of overdevelopment on the enviroment. Today, people need to be smarter about the decisions they make when it comes to development. Just because you can build it does not mean you should.-D.R. 6868
By
Anonymous, at 8:18 PM
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