Wednesday, April 28, 2010

Case Closed for COG

Marc Norman and his Citizens for Open Government group were dealt yet another legal defeat their effort to stop Harris Teeter from opening a store in Turf Valley. After considering their argument for almost six months, this past Monday Judge Timothy J. McCrone ruled that the Howard County Board of Elections acted “in accordance with the law” when they retroactively disqualified over 80% of the signatures collected in his petition drive to subject the Turf Valley zoning amendment to countywide referendum. According to this article by Sara Breitenbach in The Howard County Times, “McCrone ruled the elections board properly applied Maryland standards, set forth by the state’s high court, in reviewing and rejecting a citizen referendum petition.”

The Court of Appeals left no doubt but that ‘the provisions are mandatory, not suggestive,’ ” McCrone wrote. “The required standard is designed to ‘provide additional means by which fraudulent or otherwise improper signatures upon a referendum petition may be detected.’ ”

I can’t say that I am disappointed with this decision. COG’s petition effort had a bad smell to it. The majority of the approximately 9,000 signatures submitted to the BOE were gathered by food worker union employees who parachuted into HoCo from as far away as Delaware in order to stop the non union grocer from expanding into their turf.

Predictably, Marc Norman is full of righteous indignation.

“We don’t know if we’re going to be able to get justice in the state of Maryland,” Norman said.

“It’s extremely frustrating. “Maryland is the only state in the Union that has this triple-match qualification. We believe it’s an undue burden on a citizen’s right to vote.”

The judge didn’t think so.

“In his written opinion, McCrone said the citizen’s group “failed to demonstrate a violation of the right to vote.”


I still rather doubt that we’ve heard the end of this.

37 comments:

Anonymous said...

Judges are right maybe 20% of the time. What took McCrone so long to regurgitate the incredulous dishonesty from our board of elections? Seriously, what took him so long?

Jen said...

For what it's worth...Harris Teeter hasn't always been the greatest employer..

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=DC&navby=case&no=791792A

Don't get me wrong, I love the chicken salad, but I could really just make my own :)

During times of economic hardship (yes, like these), it is all too common for an employer to take advantage of the economic heirarchy that exists between employee and employer. I'll let you guess who has the upper hand. I don't know what Harris Teeter has done since 2000 that has complied or violated the consent decree, but hopefully they have become a better employer. Howard County: "Choose Civility" ;-)

Anonymous said...

I think we should determine how much Marc Norman has cost the County and the State (court costs, etc.) and how much he has cost developers (costs which are then passed on to consumers) and have a graph or graphs comparing these figures to County/State budget shortfalls, service cuts, increase in the cost of living, etc.

Jen said...

Sure, then maybe your analysis could determine the flow of tarp funds...

PZGURU said...

I can't say I supported this referendum petition. However, as far as the big picture goes for referenda in general in Howard County this ruling does not sit well with me. Well, maybe it's more that rules themselves are screwed up and not this ruling. The rules set up by the BOE and the legislature are more stringent than what is required to vote in a general election for crying out loud. Just what exactly are signature collectors supposed to do??? Demand to see the signator's voter registration card so they can make sure the signature matches exactly?!?!? It's ludicrous.
Meanwhile, in the State of MD there is voter fraud committed every general election. Dead people voting, incarcerated prisoners voting, illegal immigrants voting, people voting multiple times, and so on.
It really does appear that (1) the rules are completely bass-ackwards in this County/State and (2) the chances of ever successfully getting a petition to the ballot is slim to none, and slim seems to be out of town most of the time. I would really like to see the legislature revise the rules for referendum petitions - what we have now is very UN-democratic.

Pat said...

It's a sad day for democracy. The courts have eroded our right to petition which is an essential part of our right to vote.

The state legislature has sat on their hands for two sessions. After all, why would they want to empower citizens to sign petitions for other candidates?

Our government officials should be ashamed. It's time to throw them out.

Anonymous said...

anon 7 53, I'd like to know how much the developers have cost the taxpayers! We subsidize their profits by putting in the needed roads, schools, police, fire, etc..

Anonymous said...

Yes! Pat, I agree 1000%.

Anonymous said...

"Jen said...

For what it's worth...Harris Teeter hasn't always been the greatest employer.."

For what it's worth, has any employer always (or ever) been the greatest employer?

As far as the little caselaw link, a case could no doubt be found having any major employer, grocery store or otherwise, as a defendant, etc.

Anonymous said...

"anon 7 53, I'd like to know how much the developers have cost the taxpayers! We subsidize their profits by putting in the needed roads, schools, police, fire, etc.."

You miss the point of my post.

Regardless, please know that developers themselves are responsible for road construction/improvements, schools, police, fire, etc.

Jen said...

11:54- Yes. Wegmans.

Gimme A Break said...

Anon 12:04.... Ya gotta be kidding! Since DPZ continues to approve the use of loop holes to evade the archaic APFO regulations, the developers in this county have NEVER truly been responsible for the cost of infrastructure. APFO is a sham!

Anonymous said...

"Jen said...

11:54- Yes. Wegmans."

Is this a blog or the Sunday ads?

Anonymous said...

what's so hard about first, middle and last name? if people really cared about the issue, that standard is not too high!

number9dream said...

"Gimme A Break said...

Anon 12:04.... Ya gotta be kidding! Since DPZ continues to approve the use of loop holes to evade the archaic APFO regulations, the developers in this county have NEVER truly been responsible for the cost of infrastructure. APFO is a sham!"

Care to cite an example of this "evasion".

Anonymous said...

Take a look at the Columbia statistics for TAG's petition. The Board of Elections disqualified 35% of their submission but were able to identify and locate the Precint/District information for 95%. Amazing how they were able to identify hundreds of people who were invalidated.

The fraud argument is Bull! You can buy a disk with all voter info for $50.

Joe vs. Joseph, Liz or Beth vs. Elizabeth, Rob or Bob vs. Robert.

We're stuck with a government that will sacrifice democracy rather than support a level field for citizens that want to challenge them with petitions for political parties, candidates or referendums.

Those against voter rights are a bunch of hypocritical zealots who will cry foul when this impacts a candidate/issue they want on the ballot.

Gimme A Break said...

Columbia, Elkridge, Fulton, Ellicott City. Where do you want to start? The developer waits three years for closed schools to be forced open. The road improvements are generally an accel/decel lane.

Police, Fire, and other services??? It's a bunch of crap.

Anonymous said...

anon 12 57, exactly right.

number9dream said...

"Gimme A Break said...

Columbia, Elkridge, Fulton, Ellicott City. Where do you want to start? The developer waits three years for closed schools to be forced open. The road improvements are generally an accel/decel lane.

Police, Fire, and other services??? It's a bunch of crap."

Road improvements are generally an accel/decel lane? But you previously stated that developers are never responsible for improvements. As my mother used to say, never is a long time.

I'm still waiting for the "loophole evasion" citation.

number9dream said...

"PZGURU said...

number9dream - as someone who worked in DPZ for a while, I can say for certain that are many instances where developers were given "breaks". Sidewalks required along roads - waived. Traffic studies - fudged. Road improvements - reduced in many cases (ie: shorten an accel/decel lane to avoid having to relocate power poles - which costs about $15,000 per pole).
So please, don't act like it doesn't happen. IT DOES (and still is happening)."

Ooooohhh, the great and powerful PZGURU weighs in. Let's all bow and genuflect.

PZGURU is like a bad prosecutor - all indictments, no convictions.

Tell us, oh great and powerful PZGURU, what laws have been broken in these "many cases". Better yet, how many individuals have been convicted of breaking the law?

We hear from you and others on this board of "well known" abuses of the process by the County and developers, yet where is the smoking gun?

Jen said...

A Sunday ad?

Please get a grip, 12:31.

PZGURU said...

number9 - I have cited specific cases and plan numbers in the past so I'm not going to re-hash that. Although formal appeals have never been filed, that doesn't change the facts of what happened. It wasn't my responsibility to file appeals cases, which cost money, and I couldn't do so at the time anyway.
Don't be jealous because I had an inside scoop, which does make my statements a tad more credible than your "who got convicted" red-herring statements. By your silly-ass standard, every member of the US Congress is a freakin' saint. BWAHAHAHA! Get real.

number9dream said...

"PZGURU said...
number9 - I have cited specific cases and plan numbers in the past so I'm not going to re-hash that. Although formal appeals have never been filed, that doesn't change the facts of what happened. It wasn't my responsibility to file appeals cases, which cost money, and I couldn't do so at the time anyway.
Don't be jealous because I had an inside scoop, which does make my statements a tad more credible than your "who got convicted" red-herring statements. By your silly-ass standard, every member of the US Congress is a freakin' saint. BWAHAHAHA! Get real."

A flawless riposte, oh great and powerful PZGURU, flawless.

I may presume you had a hotline to the CE? From what we gather from your posts, the CE consulted you on all PZ matters great and small, no?

Anonymous said...

admicetNumber9....

Your dumbass schtick is really wearing thin.

DPZ has long been famous for granting waivers "at the discretion of the Director".

Is this illegal - NO. Can it be challenged if someone (who doesn't have a life) constantly reviews the files at DPZ and then decides to spend a few hundred $$$ to challenge the decision - YEAH.

The plain truth is that DPZ waivers are generally the rule rather than the exception for those developers and attorneys that are members of the inner $$$ political circle.

Anonymous said...

Um, guys, look around you in Howard County. Then look at our surrounding counties. All things considered, and taking into account all the warts you want to highlight in our land use system, our overall land use planning, as implemented by our DPZ, has done a great job. If you don't see that as being the case, certainly others do. How else is Howard County being consistently rated as one of the best places to live in the entire freaking county as measured by any standard. This is no accident. It has been good planning.

Anonymous said...

Anon 5:12am, Howard is far more dense than it should be, and is more dense than nearby counties like Baltimore Co. even while Baltimore Co abuts a freaking city.

Number9scheme, there isn't an example of ONE developer paying for the infrastructure requirements for ANY development over 25 residences.

Disagree? Name ONE!

PZGURU said...

number9 - You obviously have no understanding of the plan review process. As a reviewer of various development plans, I know what the comments were from the various review agencies, and I also know when certain politicians would intervene in the process and demand that certain comments be "deleted". I can't help it if Ulman and Guzzone were stupid enough to interfere in ways that were known to the entire staff and thereby not a secret.

Waivers can be granted if an application and fee are paid, and if the application meets certain qualification. And, there are plenty of cases where waivers are justified. However, in many instances, formal waiver applications were never applied for, it was all done "under the table" so to speak, so there's no official record of it, and therefore it is illegal. Unless someone from the public had the time to review a plan, and knew all of the regulations and could discern which particular regulations weren't complied with, nobody outside of the DPZ plan reviewers would have any clue whether or not rules were bent or broken for a developer on a certain plan.

And, it doesn't matter how "pretty" the County is, the bottom line is that the rules are not enforced evenly for all developers and property owners (and it goes on in every county, but that don't make it right).

wordbones said...

Anon 6:00 AM,

The developer built and paid for all of the roads in Columbia.

-wb

number9dream said...

"Anonymous said...
admicetNumber9....

Your dumbass schtick is really wearing thin.

DPZ has long been famous for granting waivers "at the discretion of the Director".

Is this illegal - NO. Can it be challenged if someone (who doesn't have a life) constantly reviews the files at DPZ and then decides to spend a few hundred $$$ to challenge the decision - YEAH.

The plain truth is that DPZ waivers are generally the rule rather than the exception for those developers and attorneys that are members of the inner $$$ political circle."

I suppose if waivers are generally the "rule", as you say, said waivers should be renamed "regulations".

Perhaps you can help "Gimme A Break" do some research to uncover the alleged use of loopholes to evade the archaic APFO regulations.

number9dream said...

"Anonymous said...
Anon 5:12am, Howard is far more dense than it should be, and is more dense than nearby counties like Baltimore Co. even while Baltimore Co abuts a freaking city.

Number9scheme, there isn't an example of ONE developer paying for the infrastructure requirements for ANY development over 25 residences.

Disagree? Name ONE!"

If you insist.

Maple Lawn Farms.

Anonymous said...

number9,

You should take a ride to Woodbine and look through the files of the Howard Soil Conservation District. Talk with the staff about the regular use of environmental waivers (as if the regulations didn't exist) that DPZ approves.

If you want a recent example, take a look at the DPZ file for Chevy Chase Bank in Enchanted Forest. Waiver requests were repeatedly denied until the applicant established an appropriate relationship (ie, contributions) with the right officials.

If you want an infrastructure example, take a look at DPZ's discretionary approvals for the now defunct Oakland Mills Village Center office building.

Anonymous said...

Bitch bitch bitch
If you guys want to change the system run for office.
HH

Anonymous said...

Wow, this got vicious. A couple of observations.

1. WB is anti-union.
2. Most people think that there is corruption in HoCo.

Personally? I think the BOE has been...influenced. And that election day is draws nigh, like some rude beast....

Anonymous said...

HH is right! I don't serve in some capacities becuase I am too busy. Most people who have not actually done something ie be a councilperson or county exec. are cluesless about what the job really is and how decisions are made. If you hate HC so much, leave or run for office and change things. At the very least, I bet most of the constant complainers don't even pick up the phone and talk to the county reps to ask questions for understanding, not just to try to trap or disrespect.

Be part of a solution if you think there is a problem!

When you just make a big deal every 4 years, it looks like you don't really care and are just politicking.

Gerry said...

HH and Anon 6:22, Unfortunately, the view down your nose prevents you from relating to your neighbors and fellow citizens.

There's far more to participating in local government than running for the 6 local offices (which require tens/hundreds of $1,000). Many citizens contribute their time and energy to educate themselves on the issues and participate in public meetings and forums (ie, Council, Zoning, Planning and various other Boards/Commissions).

As a long time resident and active citizen, I have personally witnessed numerous instances of the complete disregard and utter disdain that our government "officials" have for those who question their wisdom and agenda.

So what is it HH? Are you a mindless dolt or or a just a shill for the developers?

Anonymous said...

Gerry, exactly right. These developer mouthpieces have a singular agenda - make money for me me me.

They'll never understand people who work for the citizenry for free.

They are clueless about general population perspectives, run around saying the public is with them on the 5500 new residences in downtown, and then fight tooth and nail against a referendum that would prove exactly what the voters wanted.

That is at best clueless and at worst just plain lying.

number9dream said...

"Anonymous said...
Gerry, exactly right. These developer mouthpieces have a singular agenda - make money for me me me.

They'll never understand people who work for the citizenry for free.

They are clueless about general population perspectives, run around saying the public is with them on the 5500 new residences in downtown, and then fight tooth and nail against a referendum that would prove exactly what the voters wanted.

That is at best clueless and at worst just plain lying."

The "developer mouthpieces" having a singular agenda to make money for me, me, me...

Who exactly are you referring to?

And what is meant by "general population perspectives"?

Enlighten me.