The subdivision regulations have an exemption clause that identifies the procedure for requesting a family transfer and what constitutes and is required by the exemption if granted. It requires a holding period of a minimum of three years before any sale of the exempted property (Exempt from Subdivision review) can take place. This individual sold the first lot the month after approval. The AG of the state said that is a presumptive violation of any subdivision regulations and should be denied. However it wasn't denied but approved. The family transfer exemptions in this case were, his wife, his father, his children and one other family member. The commissioners and Planning board did nothing but approve the exemptions. The deputy county attorney seemed disinterested in doing anything. The citizens are looking for some sort of justice here against the County, etal. This kind of thing happens fairly often and people here are fed up with it. The complainants are not crackpots but for the most part good decent individuals who want to stop their local government from politically abusing the laws they are supposed to follow.
At the time it occurred in 2004. They immediately wrote a complaint to the County attorney, the Planning Department and even the Governor. They continued to write letter and were finally granted a meeting in 2007. The result of that meeting was an agreement prepared by an attorney for the transfer guy, between the Family transfer guy and citizens in that particular subdivision. It called for mitigation of ALL damages and all other recourse actions. However this act affects all of the citizens of this county, not just those in this particular subdivision. Those citizen's signed the agreement in disgust, because they were told that's all they were going to get.
There is no lawsuit pending. They just don't know what to do to right this illegal situation.
Well the entire citizenry of the county are affected because the law has been broken, taxes are affected as all the additional costs related to public services will increase (Sub dividers pay for these normally) and the long term implications of the lots excluded from review are going to cost the taxpayers in dollars and life style because of the non-conformity of the exempted lots. Does a statute of limitations apply even if public officials are notified of the complaints? Is their inaction justification to allow the limitation statutes to carry on in time frame?
Ok, then one last thing, over the years from July 2004 until the present, the citizens have filed complaints, numerous letters to political representatives but even though they agree an injustice has been done they will do nothing. The mitigation contract I discussed earlier........they have used that to avoid any other action. Can they use a Mitigation Contract (the subdivision regulations say nothing about mitigating such a violation of the subdivision laws) to get around this illegal act? Could we press criminal charges against the commissioners? Or.............Thanks for all of your comments.
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