Black Diamond will not appeal ruling on The Village and Lawson Hills | Asks for extension while YarrowBay files appeal
By DENNIS BOX
Covington Reporter Editor
February 18, 2011 · Updated 10:00 PM
The city of Black Diamond decided not to join the appeal of the Growth Management Hearings Board ruling the appeal of the Growth Management Hearings Board ruling sending back to the city the ordinances approving the YarrowBay master planned developments The Villages and Lawson Hills.
The hearings board sent the ordinance back for compliance with the Growth Management Act ruling a legislative rather than quasi-judicial process should have been used to approve the ordinances.
The City Council unanimously approved a resolution Thursday, Feb. 17, stating since YarrowBay announced the hearings board's ruling would be appealed to the state superior court, the city "the will not file its own appeal of the Growth Board's order on motions and will limit its participation to responding to other appeals filed."
The resolution also stated, "In order to avoid potentially unnecessary expenditure of time and resources, and to avoid the potential for conflicting results in the event that the Growth Board's Order is reversed, the City Council directs the City's attorneys to request that the Growth Board stay and/or extend the schedule for compliance set forth in the Order on Motions, so as to allow sufficient time for the City to consider and implement all steps necessary as a result of the outcome of any appeals of the Growth Board's Order on Motions."
The board ruled there should have been a public hearing before the Planning Commission followed by the commission presenting its recommendation to the City Council. The City Council would then consider the ordinances.
According to the ruling, a legislative process allows for more public participation.
The city noted in a release Feb. 17 the ordinance approving the ordinances are still "fully intact and fully in effect."Contact Covington Reporter Editor Dennis Box at email@example.com or 1-425-432-1209 (ext 5050).