Here's an update to the previous posting's press release. What always makes “the law” so interesting is how it’s always looking in the rear view mirror after the train wreck. For example, this hearing on Tuesday before the BOS to hear, discuss and re-consider and possibly act on the Coastal Commission's appeal – but nobody else’s appeal – is decidedly odd to me, since its been cherry picked and makes clear that while the BOS pretends that it treats all appellants equally, it’s plain that some are created MORE equal than others. That is, the Coastal Commission’s appeal is getting a very special hearing of its own. Everyone else is chopped liver. And that’s o.k. with the court. And later, if and when it can be shown that “real harm” has been done to some appellant by this move, the court can then dismiss the case as “too late.” A perfect Catch-22, damned if you do, damned if you don’t. The danger here in making some appellants more equal than others is that it may tick some appellants off so they’ll sue which can then delay things and create an ever bigger mess further down the line. And if Mr. Edwards is correct and . . . the Coastal Commission is . . . unclear? Uhhnnnhhh, does all this sound hideously familiar? Well, stay tuned.
NEWS RELEASE
November 20, 2009
The request by Los Osos developer Jeff Edwards for a Temporary Restraining Order was denied by Judge Teresa Estrada-Mullaney, wherein Edwards asked the Court to postpone the County Board of Supervisors hearing on the Los Osos Wastewater Project set for Tuesday, November 24, 2009 . In the early morning exparte hearing, Edwards was unable to convince the court that the outcome of the Tuesday hearing would irreparably harm him at this time.
Edwards waived his right to a December 3, 2009 hearing to further consider the main issue. Unfortunately the central question of proper procedure being employed by the County for changes to the wastewater project wasn’t heard. Among other issues, an unintended consequence of the County’s Tuesday hearing may render his pending Coastal Commission appeal moot. Edwards who has 25 years experience in Coastal land use issues cautioned, “This is uncharted water and even Coastal Commission staff is unclear as to what will happen as a result of the intended Board action on Tuesday to the 23 appeals.”
Jeff Edwards can be reached via cell phone, 805-235-0873
Showing posts with label Jeff Edwards. Show all posts
Showing posts with label Jeff Edwards. Show all posts
Saturday, November 21, 2009
Wednesday, November 18, 2009
Start Yer Engines Some More
If you’re a Los Ososian, you got the post card noting that there will be a BOS hearing, Tuesday, Nov 24, at 9 a..m. to “consider a request by the County of San Luis Obispo to modify, supersede, or replace conditions of approval imposed on the previously issued Development Plan/Coastal Development Permit DRC200800103 (Los Osos Wastewater Project) pursuant to Coast Zone Land Use Ordinance . . . .”
Naturally, being the Hideous Sewer Project, this hearing is a bit strange because there are a whole passel of “appeals” before the Coastal Commission, but the BOS is only going to be hearing this one appeal in order to maybe modify the County project to comply with what’s in the CC’s appeal of this project BEFORE officially coming before the CC, while the other appellants have to wait for the actual CC meeting? Sorta like one student getting a do-over of his test paper (complete with answer sheet) before turning it in, while the other students have to wait and take whatever grade the Proctor gives them later?
Which is still kinda odd since the CC Board acts as judge and jury in any project appeal, yet they’ve filed an appeal of their own, which is like a judge getting down off the bench during a trial, going into the witness box to testify against one of the defendants, then going back up on the bench to continue “judging.” Fair and balanced? Uh???
And if the County’s Nov 24 appeal hearing results in “delays” in this project, can everyone now start referring to the County as “an Ultra Opposition Anti-Sewer Obstructionist?”
And now we have the following Press Release. Let the Games begin. Stay tuned and see you all Tuesday morning for some more Waltz Me Around Again Willy.
Press Release:
Land use planner, real estate developer and 25 year supporter of a wastewater project in Los Osos, Jeff Edwards, has filed a request for a temporary restraining order against the County Board of Supervisors. Edwards is asking the Court to level the playing field with regard to the 23 appeals levied against the controversial wastewater project at the state level. In an unprecedented procedural move, the County Board of Supervisors has scheduled a hearing for November 24, 2006 to selectively rehear their approval of the wastewater project on September 29, 2009 . It appears the Board of Supervisors feels changes to an approval condition will obviate the pending appeals before the Coastal Commission.
Edwards said, “The County can’t make up the rules as they go along.” “In my 25 years of experience with Coastal land use policies and procedures I’ve never seen this, it hasn’t been done before.” Edwards is asking the Court to require a new hearing of the controversial project in its entirety if the County wants to make changes as required by existing regulations. Rehearing the 14 appeals from the Planning Commission decision on August 13, 2009, or to hold no hearing at all, “Let the process play out”, he said.
The 23 appeals include those by Coastal Commissioners, Los Osos citizens, out of the area property owners, and multiple environmental groups raising objections including the County’s self imposed condition on the project that defers groundwater management to the future. Condition 97 as written would also allow the County to dispose of treated wastewater outside the Los Osos Groundwater Basin .
The County’s intention at the November 24, 2009 hearing is to modify only one condition. If the Board of Supervisors wants to change the project or condition, they should consider the whole project. Certainly, no applicant other than the County could do what the Board of Supervisors intends to do.
Case#CV090657
Jeff Edwards can be reached for comment via cell phone, 805-235-0873
Naturally, being the Hideous Sewer Project, this hearing is a bit strange because there are a whole passel of “appeals” before the Coastal Commission, but the BOS is only going to be hearing this one appeal in order to maybe modify the County project to comply with what’s in the CC’s appeal of this project BEFORE officially coming before the CC, while the other appellants have to wait for the actual CC meeting? Sorta like one student getting a do-over of his test paper (complete with answer sheet) before turning it in, while the other students have to wait and take whatever grade the Proctor gives them later?
Which is still kinda odd since the CC Board acts as judge and jury in any project appeal, yet they’ve filed an appeal of their own, which is like a judge getting down off the bench during a trial, going into the witness box to testify against one of the defendants, then going back up on the bench to continue “judging.” Fair and balanced? Uh???
And if the County’s Nov 24 appeal hearing results in “delays” in this project, can everyone now start referring to the County as “an Ultra Opposition Anti-Sewer Obstructionist?”
And now we have the following Press Release. Let the Games begin. Stay tuned and see you all Tuesday morning for some more Waltz Me Around Again Willy.
Press Release:
Land use planner, real estate developer and 25 year supporter of a wastewater project in Los Osos, Jeff Edwards, has filed a request for a temporary restraining order against the County Board of Supervisors. Edwards is asking the Court to level the playing field with regard to the 23 appeals levied against the controversial wastewater project at the state level. In an unprecedented procedural move, the County Board of Supervisors has scheduled a hearing for November 24, 2006 to selectively rehear their approval of the wastewater project on September 29, 2009 . It appears the Board of Supervisors feels changes to an approval condition will obviate the pending appeals before the Coastal Commission.
Edwards said, “The County can’t make up the rules as they go along.” “In my 25 years of experience with Coastal land use policies and procedures I’ve never seen this, it hasn’t been done before.” Edwards is asking the Court to require a new hearing of the controversial project in its entirety if the County wants to make changes as required by existing regulations. Rehearing the 14 appeals from the Planning Commission decision on August 13, 2009, or to hold no hearing at all, “Let the process play out”, he said.
The 23 appeals include those by Coastal Commissioners, Los Osos citizens, out of the area property owners, and multiple environmental groups raising objections including the County’s self imposed condition on the project that defers groundwater management to the future. Condition 97 as written would also allow the County to dispose of treated wastewater outside the Los Osos Groundwater Basin .
The County’s intention at the November 24, 2009 hearing is to modify only one condition. If the Board of Supervisors wants to change the project or condition, they should consider the whole project. Certainly, no applicant other than the County could do what the Board of Supervisors intends to do.
Case#CV090657
Jeff Edwards can be reached for comment via cell phone, 805-235-0873
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