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November 08, 2019


This is a non-starter because there is no basis for a lawsuit.

1. An ordinance and a conservation easement are 2 completely different legal mechanisms to regulate land use with 2 very different controlling entities

a. City Council fully controls the Ordinance by majority vote of elected representatives.

b. The Courts control the conservation easement i.e. court approval must be obtained to modify a conservation easement.

2. What did petition signers ask voters for and what did voters approve?

a. The petition and the signers asked the voters to approve an ordinance as the legal mechanism to regulate land use not a conservation easement.

b. The voters approved an ordinance not a conservation easement as the legal regulatory mechanism and of importance have retained sole control of the land through their elected representatives.

c. There is no legal basis or standing to request much less require a change of the voter approved ordinance as the legal regulatory mechanism and the City as controlling entity to a non-voter approved conservation easement with the Court as the controlling entity see 2.a and 2.b above.

Exactly Mary! Would you please email these points to the Mayor and Council and tell them to quit wasting taxpayers time and money on this conservation easement.

For whatever reason council is totally ignoring the ballot provision language on this one. The same thing they have been accused of doing with the QOL 2012 Bond issue for the arena. They never learn.

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