Again, it’s easy to disseminate doubt and uncertainty, isn’t it?
Zoning law is pretty cut and dry. So is the idea of changing or implementing laws to target one specific entity after the fact.
A Judge needs to ask only a couple specific questions before making a ruling. A: According to the Ordinances or the Zoning Map, what is the date that the land was re-zoned to Industrial use? B: According to the Ordinances or Zoning Map, when was the adjacent land re-zoned to Residential (or Commercial, as the case may be) use? C: When was the home purchased or business opened?
If A is earlier than B or C, then anyone in category B should have known already. All they had to do was look at a Zoning Map or ask their realtor so they have no legal standing. It’s Nick’s fault they didn’t do enough DD.
If B or C is earlier than A, then D: was required public notice given and meetings held for public comment? E: Did the residents (or business owners, as the case may be) attend the meetings to voice concern?
If D is yes, then the answer to E is irrelevant since the ordinance was properly passed. If E is no, then, again, it’s their fault, not Nick’s, as they have already had an opportunity to dispute the zoning and didn’t.
After that’s been resolved and the complainants slink away, the only question to be asked is F: Does the proposal meet the requirements for the zoning? Yes or no.
Reporters are interesting creatures. An article written by some reporter trying to incite drama in order to make a name for themselves is not going to factor into the ruling, not even a tiny fraction of a percent.
This is not complicated. In my opinion, a lobby firm is a waste of money and not what I would do. I would simply have a good attorney ready to file the lawsuit. But it’s what Nick wants to do. Probably more to present an image of good will for the community rather than protection from any sort of law enactment. But that’s just my guess.
Ask me how I know all this - my screen name provides a clue.... I fought “Karen’s” left and right over zoning issues. And Zoning Law won every time. I also dealt with reporters every step of the way. I can tell you this is pretty much cut and dry. Whether it’s by the City or by a Judge, this gets approved.
Now.... I also used Zoning Law to kill what I didn’t want. If Nick didn’t cross EVERY “t” and dot EVERY “i” in his proposal, then the City can deny it on that basis. After getting denied, they can change the law and Voila!, just like that, he’s toast. BUT - one presumes, that if he’s gotten THIS far in the process, everything has been scrutinized repeatedly by the various Departments and it’s good to go.
We’ll know in a month.
