Letters

Letters 05-23-2016

Examine The Priorities Are you disgusted about closing schools, crumbling roads and bridges, and cuts everywhere? Investigate funding priorities of legislators. In 1985 at the request of President Reagan, Grover Norquist founded Americans for Tax Reform (ATR). For 30 years Norquist asked every federal and state candidate and incumbent to sign the pledge to vote against any increase in taxes. The cost of living has risen significantly since 1985; think houses, cars, health care, college, etc...

Make TC A Community For Children Let’s be that town that invests in children actively getting themselves to school in all of our neighborhoods. Let’s be that town that supports active, healthy, ready-to-learn children in all of our neighborhoods...

Where Are Real Christian Politicians? As a practicing Christian, I was very disappointed with the Rev. Dr. William C. Myers statements concerning the current presidential primaries (May 8). Instead of using the opportunity to share the message of Christ, he focused on Old Testament prophecies. Christ gave us a new commandment: to love one another...

Not A Great Plant Pick As outreach specialist for the Northwest Michigan Invasive Species Network and a citizen concerned about the health of our region’s natural areas, I was disappointed by the recent “Listen to the Local Experts” feature. When asked for their “best native plant pick,” three of the four garden centers referenced non-native plants including myrtle, which is incredibly invasive...

Truth About Plants Your feature, “listen to the local experts” contains an error that is not helpful for the birds and butterflies that try to live in northwest Michigan. Myrtle is not a native plant. The plant is also known as vinca and periwinkle...

Ask the Real Plant Experts This letter is written to express my serious concern about a recent “Listen To Your Local Experts” article where local nurseries suggested their favorite native plant. Three of the four suggested non-native plants and one suggested is an invasive and cause of serious damage to Michigan native plants in the woods. The article is both sad and alarming...

My Plant Picks In last week’s featured article “Listen to the Local Experts,” I was shocked at the responses from the local “experts” to the question about best native plant pick. Of the four “experts” two were completely wrong and one acknowledged that their pick, gingko tree, was from East Asia, only one responded with an excellent native plant, the serviceberry tree...

NOTE: Thank you to TC-based Eagle Eye Drone Service for the cover photo, taken high over Sixth Street in Traverse City.

Home · Articles · News · Other Opinions · For the Taking: Emmet...
. . . .

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.
 
  • Currently 3.5/5 Stars.
  • 1
  • 2
  • 3
  • 4
  • 5
 
 

 

 
 
 
Close
Close
Close