Washington, District of Columbia 2022-01-14 20:00:37 –
A judge in the Beaufort County Superior Court ordered the city council to “remand, remand” and seek immediate approval that the Washington city council had rejected the proposed preliminary parcels for the subdivision of Powell Place.
The city submitted a notice of appeal to the North Carolina Court of Appeals on Friday.
Real estate owners Bill and Dale Peel are seeking the approval needed to transform the abandoned Washington Racket Club into a new parcel called Powell Place. The city council rejected preliminary parcel proposals for subdivision twice last year. In both cases, the Planning Committee unanimously recommended that the city council approve the platform.
Peeles has been given a warrant of discretionary appeal. The warrant, in particular, called on the court to determine whether it was entitled to due process, and whether this decision was based on competent, significant and substantive evidence throughout the record. And the decision was arbitrary and not capricious. “
The city Motion to dismiss the warrantAlso, from the court records, he submitted a motion to file a warrant.
The hearing on this case took place on November 17, 2021, and Judge Joshua W. Willie Jr. submitted the order on December 28, 2021.
The breakdown of the court order is as follows.
The city’s motion to dismiss the warrant because of lack of jurisdiction over things was dismissed.
A city motion was granted to dismiss the petitioners on the grounds that they “did not fulfill their positive responsibility to establish a record in the face of the city council and the petition.” Therefore, the petitioners (Powell Place Properties East, Bill, and Dale Peele) were dismissed from the proceedings.
The city’s motion to dismiss because “we did not claim a claim that could provide relief as a matter of law” was dismissed.
-The city’s motion to hit the petition was rejected.
-The city’s motion to strike the petitioner’s affidavit was approved.
The petitioner’s petition for a provisional injunction was dismissed as controversial.
In the order, Willy wrote that the motion to deny the proposed preliminary subdivision platform’s approval provided three reasons for the refusal. Disagreement with “general standards and objectives contained in the city’s subdivision ordinance, including but not limited to public safety, traffic, density and welfare issues”. And / or “this subdivision adversely affects the characteristics of existing developments in the surrounding landowners, neighboring communities, and neighboring areas.”
“Community and Cultural Services Director Mike Dale’s presentation to the City Council pointed out that the proposed preliminary subdivision platform did not fully meet” some minor criteria “, he said. In addition, he pointed out that the second entrance to the subdivision resulted in a violation of the standards, added at the request of the Planning Commission, “Willey wrote. “Mr. Dail further concluded that Pratt complies with the purpose and intent of the Ordinance.
Willy said the planning committee unanimously recommended the approval of a preliminary platform.
“If the city council felt that a breach of some minor criteria was a good reason to refuse approval … it wouldn’t have been necessary to rely on the subjective criteria shown in the motion of refusal. “Willey writes. “There was no evidence to support the refusal of approval based on subjective criteria. Reliance on these subjective criteria was not fully supported by substantive competent evidence and was arbitrary in the decision. Shows capriciousness. “
Judge orders reversal of Powell Place decision – Washington Daily News Source link Judge orders reversal of Powell Place decision – Washington Daily News
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