Wed
Feb 27 2008
01:31 am
Midway Road hearing in morning...
By: jbr

Wednesday Feb 27 for 9:30 in Chancery Court, Part 2. It will be held in the City County Building on the 2nd floor.

My understanding is anyone who wants to show for support is encouraged to attend.

Topics:
Lisa Starbuck's picture

Hearing

Submitted by Lisa Starbuck on Thu, 2008/02/28 - 10:51am.

Kind of buried in the business section of the News-Sentinel today is a story on the hearing.

Depending on how Chancellor Fansler rules on this particular issue, it could have a MAJOR impact on future rezonings and variances.

From the story:

Wednesday's hearing focused on the MPC action. Attorney David Buuck, who represents the neighbors, cited Knox County's zoning ordinance, which says map amendments "shall be necessary because of substantially changed or changing conditions" in the affected area and the county.

Buuck said that despite the 2000 sector plan for the area - which identified low-density residential and office development as appropriate uses for the property - the MPC came in "with one fell swoop" and changed the sector plan because the Development Corp. wanted the site.

The attorney said MPC's staff made no finding that the amendment was necessary because of substantially changing conditions in the area.

Development Corporation attorney John Valliant got off into some ill-advised territory during the hearing and ticked off Chancellor Fansler.

In his own arguments, Development Corp. attorney John Valliant said the sector plan is a "living document," but the attorney got into hot water by suggesting that Fansler's statements would mean the document could never be amended. Fansler took issue with the question and called a lunchtime recess, and Valliant apologized when the session resumed.

The ruling is expected in the next few days.

Bird_dog's picture

What has changed?

Submitted by Bird_dog on Thu, 2008/02/28 - 11:27am.

"But Fansler repeatedly pressed Mullin to identify what had changed between the adoption of the sector plan in 2000 and amendment of the plan in 2006."

""Now there has to be some standard, some reason, some difference," the chancellor said. "Now what's different?" the chancellor asked moments later."

"Mullin replied by saying that one way to look at it is that members of the planning commission changed their mind."

CHANGED THEIR MIND??? And that's what's different???

jbr's picture

The NS treatment of the

Submitted by jbr on Thu, 2008/02/28 - 11:04am.

The NS treatment of the Midway Road suit in general seems sort of odd. Sort of trying to keep it 'low key.'

What a tangled web the whole county Commission, Development Corporation, Industrial Development Board, Zoning Appeals, etc seem to be.

The Midway Road folks could come out as heroes for the average citizen.

Lisa Starbuck's picture

Indefensible

Submitted by Lisa Starbuck on Thu, 2008/02/28 - 11:33am.

Actually it sort of reminds me of John Owings and Ms. Stackhouse trying to defend the indefensible in the Sunshine lawsuit.

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