Dependable Erection

Monday, July 26, 2010

A victory for common sense

Email just received from NCDOT revoking the easement from Southern Durham Development. This means the protest petition is still valid, and the developers will need 4 votes to get their rezoning request approved.

Good luck with that.
NCDOT ISSUES "REVOCATION OF ACCEPTANCE" REGARDING DONATION OF RIGHT OF WAY

ALONG N.C. 751 IN DURHAM COUNTY

RALEIGH — The N.C. Department of Transportation (NCDOT) learned last weekend that by accepting the donation of right of way along N.C. 751 in Durham, the Department had inadvertently interfered in an active public participation process.

In order to rectify this and restore the public voice in a local zoning issue, NCDOT has issued an immediate “Revocation of Acceptance.” This legally-binding action restores the local public process to its original state.

NCDOT accepted the Right-of-Way in good faith, having not been notified of the “100-foot rule” in Durham County or how accepting this donation would impact the public process. Had NCDOT staff known in advance that this would interfere in that process, we would not have accepted the donation at that time.

Copies of this statement and the “Revocation of Acceptance” are being faxed to the Durham County manager’s office and the attorney for the property owner at this time.

i just need to add that this is the first time in a very long time that i feel as though my contact with a public official has resulted in some sort of positive change. Thanks to everyone who emailed Transportation Secretary Conti today to make this request. And thanks to the Secretary for recognizing the importance of the local process, and the nature of the game that SSD and K&L Gates attempted to play with the process.

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