Finally, an update on the lawsuit and it is good news! The panel of judges for the 15th Judicial Circuit released their opinion this week granting our request to have the Deco Green development go back to the Commission for review and a new vote. Thanks to the donations, research and support of each of you the approval is "quashed"!!!
The judges decision is based on a very limited criteria, essentially a math error that allowed the developer two extra units (127 units instead of 125). While it may sound minor, the two extra units could gain them upwards of half a million, based on the current insane housing market.
We submitted for the judges consideration other serious concerns - that the City erroneously applied their Land Development Code in their use of the Sustainable Bonus Incentive Program to approve height, stories and density in excess of what the code allows. Unfortunately, the judges did not rule on those issues based on a technical position that the public comments submitted by the petitioners did not have the level of detail they say is required by law. This is an important lesson learned about how the laws favor developers and shut out residents for not submitting enough detail in their public comments.
We won this first phase in the battle of community power over real estate greed. Here are two things that can solidify this victory:
- 1. Call and email your commissioners and the mayor. Let them know you are aware that the Fifteenth Judicial Circuit reversed the development order for the Deco Green development. Encourage them to listen to you and other residents' concerns before approving the Deco Green again. They will be under pressure from the developer to fix the two unit mistake and plow forward. But, according to PAPA, the land is still owned by the CRA (map attached). This means it is still technically public land, paid for with public dollars, and the residents should guide what the best and highest use of it is. This project needs to go back to the drawing board - we have a new commission, new city manager, new CRA board members and an increased affordable housing crisis. IF the city is going to double the density for a project it should be for true affordable housing, not an expensive 9 story building with a dog park.
- 2. Kick in towards the ongoing legal challenge. We currently owe another $2,000 to our lawyer for review of the judges opinion and to help ensure the court order is honored. If you can each offer $25 - 75, we can pay off the balance and have some funds to continue having their legal assistance as this comes back before the commission.
We believe in our communities' power to fight and win real sustainability, economically and ecologically. We are committed to public land being used for affordable housing that will stabilize our community rather than upend it. We respect the height and density limits that people organized for and voted on, in order to establish neighborhood controls on development.
Let's keep at it!
Cara
ps - If you can kick in towards the legal costs I can do venmo, paypal or drop off a check at my house. thank you!!!
The Petition for Writ of Certiorari
