Letters

Letters 10-27-2014

Paging Doctor Dan: The doctor’s promise to repeal Obamacare reminds me of the frantic restaurant owner hurrying to install an exhaust fan after the kitchen burns down. He voted 51 times to replace the ACA law; a colossal waste of money and time. It’s here to stay and he has nothing to replace it.

Evolution Is Real Science: Breathtaking inanity. That was the term used by Judge John Jones III in his elegant evisceration of creationist arguments attempting to equate it to evolutionary theory in his landmark Kitzmiller vs. Dover Board of Education decision in 2005.

U.S. No Global Police: Steven Tuttle in the October 13 issue is correct: our military, under the leadership of the President (not the Congress) is charged with protecting the country, its citizens, and its borders. It is not charged with  performing military missions in other places in the world just because they have something we want (oil), or we don’t like their form of government, or we want to force them to live by the UN or our rules.

Graffiti: Art Or Vandalism?: I walk the [Grand Traverse] Commons frequently and sometimes I include the loop up to the cistern just to go and see how the art on the cistern has evolved. Granted there is the occasional gross image or word but generally there is a flurry of color.

NMEAC Snubbed: Northern Michigan Environmental Action Council (NMEAC) is the Grand Traverse region’s oldest grassroots environmental advocacy organization. Preserving the environment through citizen action and education is our mission.

Vote, Everyone: Election Day on November 4 is fast approaching, and now is the time to make a commitment to vote. You may be getting sick of the political ads on TV, but instead, be grateful that you live in a free country with open elections. Take the time to learn about the candidates by contacting your county parties and doing research.

Do Fluoride Research: Hydrofluorosilicic acid, H2SiF6, is a byproduct from the production of fertilizer. This liquid, not environmentally safe, is scrubbed from the chimney of the fertilizer plant, put into containers, and shipped. Now it is a ‘product’ added to the public drinking water.

Meet The Homeless: As someone who volunteers for a Traverse City organization that works with homeless people, I am appalled at what is happening at the meetings regarding the homeless shelter. The people fighting this shelter need to get to know some homeless families. They have the wrong idea about who the homeless are.

Home · Articles · News · Other Opinions · For the Taking: Emmet...
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For the Taking: Emmet County Case has Ramifications for Entire Region

John R. Rohe - September 16th, 2004
Emmet County Commissioners have authorized 300,000 square feet of retail commercial space on property zoned residential and agricultural. (The board approved settlement of a lawsuit that permits the Petoskey Investment Group to develop 89 acres south of Wal-Mart in Bear Creek Township – a development opposed by local voters in a referendum. – ed.)
If you did not know this was in the works, it’s because you were not invited. An alleged “substantial risk of a multi-million dollar judgment” alarmed the commissioners. Let’s examine the risk.
If a zoning ordinance “takes” essentially all reasonable value and uses from the land, then the Constitution requires the owner be reimbursed. Thus, if the Petoskey Investment Group’s land could not reasonably be used for residential or farm uses, then the County may have the risk of loss.
The Group purchased the land zoned residential and agricultural. The permitted uses did not change after the purchase. Every plan proposed by the Petoskey Investment Group included extensive areas for residential homes. Yet, the Group claimed the land could not feasibly be used for residences. If the County’s risk seems counter-intuitive, well, it is. There is no constitutional right to buy low and sell high.
Our legacy, just like every generation before us, will be defined by the monuments left on the land. Historic towns became the cultural, civic, economic, and social centers. Community planners and the public memorialized a sense of place.
Communities are appreciating the loss to low density, auto-dependent, urban sprawl. Anytown, USA, bears uniformly franchised outlets, billboard peppered roads, architecturally uneventful big-boxes, parking lagoons, boarded-up store fronts, and abandoned areas. Lighting draws the curtain on the night sky while remote corporate headquarters pull the shade on local entrepreneurship.
Michigan has developed strategies to preserve communities. Our Governor is promoting a Cool Cities initiative. The Bear Creek Referendum expressed this sensitivity by firmly rejecting yet another sprawling mall.
Planning a land use legacy is a public process. It draws on hometown democracy in the creation of a master plan, public meetings, expert input, visioning sessions, educational forums, community planners, land use literature, and the adoption of a zoning ordinance. The planning process enables a community to plan the long range, big picture, proactively. In contrast, the response to a lawsuit is short range, microscopic, and reactive.
The County’s 300,000 square foot concession was reached in mediation behind closed doors. Mediation works well when the chips on the negotiating table belong to the parties. But in a zoning dispute, the bargaining chips belong to the public. Countless hours of donated time by community members have been invested in planning the big picture. This investment is lost when a microscopic planning process is ushered behind closed doors by special interests.
Everyone has not lost. The insurance company paying for the county’s lawyers no longer risks more attorney fees. The congested federal court docket has one less case. And, Petoskey Investment Group, struggling for 175,000 commercial net square feet in the Court of Appeals, now receives 300,000 gross square feet.
For others, the loss is real. The porch light on our courthouse now becomes a beacon for more zoning litigation. Anyone disappointed with the irksome public in zoning hearings should move the dispute into court. Why tolerate pesky neighbors in open meetings? Why risk the publicity? Why not just hammer out a settlement behind closed doors?
Emmet County has weakened the effort to constrain sprawl within zoning lines. It skirts the public voice in a referendum. It sidesteps the efforts of professional planners and zoning administrators. It enfeebles the cooperative spirit among municipal entities. It harbingers the courts as a zoning board of appeals. By settling one suit, the county spawns many more.
The framers of the constitution attempted to form a more perfect union, to establish justice, and to promote the general welfare of we, the people. They would be sadly disappointed to find their words have been twisted into a battering ram for commercial excesses on our edge of time.
 
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