Catching up on a few current topics, on which I am behind...therefore I am not partying tonight with other local bloggers. Oh well, perhaps next time! (I keep saying that...)
First up, the lawsuit that was filed against the County Council the Zoning Board, Planning Board, County Executive Ulman, State Senator and former County Executive Robey, the Planning Board, and the county itself, by attorney Susan Gray on behalf of 13 county residents in US District Court. One good thing I'll say about this lawsuit: at least the plaintiffs believe in equal opportunity!
But that's about all I can say good. What I can say that's middling about this lawsuit is that I can understand the frustration these residents have, about how land use cases are adjudicated in Howard County. The practice of using resolutions to create county policy is a problem, insofar as resolutions can not be challenged via referendum. There should be some way for residents to challenge resolutions, just as bills can be challenged via referendum. To me that makes sense.
On an aside, Maryland Republicans in the legislature would like to see a California-style system of initiatives and propositions created in Maryland. This couldn't be a worse idea. In their view almost any public action could be taken to a public referendum, which can lead to some dangerous public policy decisions being made because of passions and large campaign contributions, not because of reason and balanced debate. California's current budget deficit, which is in excess of $25 billion, was caused in no small part by anti-tax initiatives that prevents the legislature or the Governor from proposing or enacting certain tax increases, even in times of fiscal hardship. The "tax revolution" in California, started by Howard Jarvis and his followers in the 1970s made the referendum popular; however its application there has gone out of control. We don't need that here.
Nor, do we need in Howard County the remedy suggested by the plaintiffs in this lawsuit: federal oversight of land use decisions in Howard County. It is fascinating to me that, after over 150 years of home rule in ths county, someone would in a reasoned manner, suggest that the county should no longer have the power to make land use decisions that affect its way of life. It is a stunning remedy. What on earth would make these people feel that the Federal government would be better suited to render land use decisions in Howard County (by the way, what would the mechanism of this be?) is totally beyond me.
I should also mention that the plaintiffs want over 100 specific land use decisions overturned, and $10 million in damages.
A far more worthwhile effort and use of these people's and Ms. Gray's resources may be, to challenge Howard County's practices of enacting public policy through the Attorney General's office, and if not resolved, through the Maryland judiciary. What purpose the Federal judiciary has in this matter is beyond me. I am not an attorney but I can not fathom how any Federal judge would consider this case within their jurisdiction.
Is the point of this lawsuit not to win, but to bring light to the supposed tresspasses of Howard County land use in the local media? If so, bringing a lawsuit in federal court is a great way to do it, wasting a lot of time and money. Can someone really see this going to the US Supreme Court? But before it got to that point, probably 5-10 years would have passed. I'm sure Ms. Gray would love to keep this issue before the local consciousness for that long. Or more.
I will not go so far as to call this lawsuit frivolous. However is is seriously misguided, and there are other ways apparent to me to attempt to achieve the desired end.