More on Protest Petitions

Suddenly the Protest Petition is everywhere. The Greensboro Neighborhood Congress discussed it at its monthly meeting yesterday; N&R editor Allen Johnson (sort of) endorsed it in today's paper; and the League of Women Voters will hear about it on Tuesday (and you're invited, too).

On January 21st, the Greensboro City Council will decide whether to endorse the Protest Petition process, and ask the North Carolina legislature to reinstate it for Greensboro -- the only city in North Carolina that doesn't have it.

Over the past year I've changed my mind on this issue. I used to think -- as the real estate industry does -- that the petition puts too much power in the hands of too few people. How can it be fair for a mere 5% of surrounding property owners to mandate that a proposed rezoning must pass with a three-quarter majority vote?

In fact, it wouldn't be fair,

• if the Triad Real Estate and Building Industry Coalition (TREBIC) didn't have a full-time lobbying staff whose job is to influence real estate law at every level, from the writing of the ordinance to the final appeal before the City Council,
  
• if the real estate industry didn't have the cash to hire the smoothest real estate lawyers in town to argue their cases before boards and City Council,
  
• if TREBIC hadn't placed so many of their representatives on the Planning board, Zoning Board, Board of Adjustment, and Citizens Advisory Team that worked to rewrite the city's development ordinance,
  
• if TREBIC didn't hold an annual shindig to schmooze with elected officials, 
  
• if the real estate industry wasn't one of the biggest contributors to City Council elections, and
  
• if three members of the Greensobo City Council weren't in the real estate/development industry.

So let me turn that "fairness" question back on TREBIC: how can it be fair for one industry to have such lopsided influence over Greensboro public policy?

The Protest Petition would help restore the balance of power between neighborhoods and the real estate industry. I'm for it.

Protest Petition Presentation

Donna Newton sent the following message to the Greensboro Neighborhood Congress:

As most of you know, the Greeensboro Neighborhood Congress voted to support the reinstatement of the right of Protest Petition to the citizens of Greensboro. At this time, Greensboro is the only City in the state that does not have this right. The League of Women Voters also supports the Protest Petition and is sponsoring a presentation by an expert on the subject as described in the flier below.

Please register and join me on January 13 to hear this presentation.

The City Council will hear comments regarding the petition at their meeting on January 21 and then vote on whether to support the protest petition in their legislative agenda. The Congress will be represented at the January 21 meeting to present in favor of reinstituting the Protest Petition. Please join us then as well. We will need a strong showing at that meeting.

 

Lunch with the League

League of Women Voters of the Piedmont Triad
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro

“The Protest Petition”

Speaker: 

Dr. David Owens, Gladys H. Coates Professor,
Public Law and Government
School of Government, UNC-CH

Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989.  Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.

About the Protest Petition:

This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.

References: Greensboro News & Record editorials, March 2 2008: “The right to protest,” and May 14 1008: “Get on board protest petitions.”

Yes Weekly Jordan Green analysis, February 12 2008: “A rezoning chronicle: “How Greensboro lost the protest petition;” Editorial June 30 2008: “TREBIC vs. Protest Petition.”  

The January 13, 2009 program is free.  Everyone is invited.  Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch.  

Reservations: tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.

Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!