Kent County Activist Judge Overturns People’s Will on Development

Filed in National by on June 21, 2007

Voter’s in Kent County clearly rejected this at the polls last Novemeber.

Delaware State News LINK

My two cents:

1) Isn’t this the kind of judicial activism that conservative bemoan?

2) It is a shame that voters don’t have any real money to spread around. Voting is sooooo last century.

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Jason330 is a deep cover double agent working for the GOP. Don't tell anybody.

Comments (9)

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  1. City of Wilmington also (I think it was their planning commission) just rejected a moratorium.

    Last night at the NCC Council public session on growth planning, my buddy Paul Clark said that he would reject the idea of incorporating DNREC’s SRA’s into the Comprehensive Plan (SRA=State Resource Areas – read: Everything that matters in terms of health, welfare, legacy, glory, water, wild critters, heritage).

    The La Grange property’s heritage which I want to save and which his wife is trying to bulldoze over (to a degree) is a DNREC SRA becasue it is on the Green Infrastucture SRA map – deemed necessary for our natural flor and fauna’s continued viability. It also is under SRA protection for its many historic features. FANCY THAT.

    Clark cited the lower county’s being subjected to law suits (from Rich Collin’s PGA and friends) concerning SRAs as reason enough to omit this layer of DNREC/state protection. Clark says the county codes are adequate. He happens to be in a position to completely alter county code – should he advocate one or another ordinance down the road. We have already seen that happen in several instances (3.319 for one.

    Delaware is a small state. The builders are all over every inch of it. Paul Clark’s intentions to deny New Castle county resident’s their right to concommittant protections by the very agency that the county DOES NOT CONTROL through its land use department is just a bit off key, no?

    The county and state have different responsibilities in the ultimate approval or denial of land development record plans. State agencies DelDOT covers roads and and DNREC covers a huge variety of elements:

    That has resulted in an oversight system that is lop-sided in my view. It has oviously not been reasonable sucessful in determining the impact of on existing community infrastructure. We are tapped out.

    We can’t run from the state’s planning expertise. They have given us their hard work in the form of these SRA maps and we should apply them as we plan for growth. How on earth can NCC consent to anything less?

    We can’t countenance leadership that runs from every threat from filthy rich development moguls and their legal teams, now can we?

    That smacks of extortive exploitation to me.

  2. "When Keepin' it real goes wrong " - Nance says:

    There is an easy answer Nancy. – MOVE !!! Move down there and go get em’ gurl !
    You’ll be one county closer to Dave at PSP.
    – Unless Dave , you should follow the rule, “Always keep a county between you”
    Go hang with Brooks Banta and his “Used Rug”.
    You will be closer to the Delaware State Fair. You can go and see the farm equipment and see how much a farmer has to pay , (Like you have to buy a car to go to and fro ) So he/she can go into debt while you watch the pretty fields , which you won’t spend a dime on to preserve unless you want the farmer to sell at fire sale prices when his wife , or his father dies to pay the 33% plus capitol gains death tax.
    I find it funny that if someone were to even pass gas in the movie theater, you would jump up and scream (Or write on someone else’s Blog ) , “Paul and Pam did it “.

  3. r smitty says:

    Crap…my earthly college days are coming through…can’t fight it…

    A major problem of human nature is that most of us can not visualize past the first degree of consequence. That first degree is typically either benign or very manageable.

    Those of us that can see past it are further broken down: those that see linked consequences, but only in linear fashion (one will lead to one will lead to one, etc.), and those that correctly understand the exponential potential of continuing consequences.

    Unfortunately, those that fall into that apt, final group are typically dismissed as vested wingnuts and dismissed.

    I am currently against progressive-aggressive growth in new-land development. On that vein, is there really that much demand for all the units being planned? Not just the project from the article, but on an aggregate basis?

  4. r smitty says:

    OK, I used ‘dismissed’ twice in one sentence. It’s late, I had a flashback to several years ago, and I want to go to bed. Just dismiss the extra dismiss.

  5. I regret the spelling errors (!) but naught another cintilla

  6. The other memorably delectable moment of the evening was when Bev Baxter – the executive director of the NCC equivalent of the Positive Growth Alliance, stood up and said that
    “if I were queen for the day, there would be a very different Comp Plan before you.”

    NOW STOP RIGHT THERE NELLY!

    She has had the run of this group – the Committee of One Hundred – for as long as my hair has set on my head – I don’t have to bleach it btw – God’s gift).
    We have Bev on record being against the concept of SRAs but GOD KNOWS what the county would look like should she be queen for a day…

    One thing for certain is that her group is pro-development unabashedly, like a whore in the alley…to me no queen a’tall.

    And guessy wessy who is in leadership of this group’s LAND USE COMMITTEE???…you can check it via google..

    Pam Scott Paul Clarky is the Chair of the Land Use Committee, er make that co-chair.

    Her partner is….guess who? The NC County Land Use General Manager himself – Mr. Charlie Baker.

    Schweeeeeeet!!!!!!!!!!!!!!

    Dude.

    Queen for a day. Bev. I dread, dread, dread the day that I have to see you turn purple.
    That will be the day you see the county paved over a la Jonie Mitchell – who you no doubt have on your shelf. Just can’t let irony disturb that deeply anchored conscience, now can you?

    Charlie Baker also happens to lead the committee that champion future growth in the Association of NCC Realtors…now

    TALK ABOUT YOUR CONFLICT OF INTEREST

    Charlie Charlie Charlie

    What are we to do with your ethically challenged butt.

    Chris Coons got rid of each and everyone he could who was a party to Gordonbery.

    Somehow Chris just averted his gaze when it came to his LU Dept. Baker and Haggerty ARE EVER KNOWN AS UNINDICTED CO-CONSPIRATORS and now that Colm Connely gave away the farm……we end up in the manuer pile as a county body who has to look to these untrustworthy people day to day to do the county oversight of DEVELOPMENT

    I will be submitting a post about ethics soon.
    mebbe Chris will hire me out to his compromised minions for some lessons in integrity.

  7. Shoot – what I meant to say was that I plan to phone Ms. Baxter and get the low-down on what her ideal comp plan would be…

  8. Joe M says:

    Reading the article, this does not seem to be an instance of “activist judge” (oh, how I loathe that phrase”. A suit was brought about and the judge found that proper procedure in implementing the moratorium had not been followed.

    The blame lies within the Levy Court who was responsible to the oversight.

  9. jason330 says:

    You got me Joe. It was a simple case an I overeached into my yellow journalism bag of tricks.