I had a passing glance today at the Daily Record and noted a front page story on the federal highlands bill. I didn't get a chance to read it and the store I stopped at on the way home was out of papers. I was wondering if anyone had a chance to read it and if it has any applicability to the CC application.
Also, does anyone have any information on the status of NJ assembly bill 1302?
President Bush signed the Highlands Conservation Act in to law on Tuesday, authorizing $110 million over 10 years to preserve open space and drinking water supplies in northern New Jersey and neighboring states. Rep. Rodney Frelinghuysen, the chief author of the Highlands Conservation Act, applauded the President for signing the legislation. "I couldn't be more thrilled," said Frelinghuysen. "This is a historic achievement and major victory for the preservation of the New Jersey Highlands, one of the last open space treasures in the most densely populated area of the country. Now, with the President's signature, we've established a national model for the preservation and protection of open space, drinking water supplies and recreational lands that our families will be able to enjoy for generations to come." Read more about the Highlands Conservation Act by visiting: http://frelinghuysen.house.gov/cgi-data/press/files/74.shtml
Have you forgotton that CC has been exempt from the NJ Highlands legislation? Remember, all organizations are created equally in the eyes of the law, it's just that some are created more equally than others!
So far as I know, his exemption stands at this point in time.
The question really is when will the DEP be forced to eat crow on it's "politicly correct" decision that was not based on any part of the re-development plans, they just made the decision based on one of the loopholes in the law. I am sure that this decision will be looked at a little harder in the near future...where would the proposal stand after a reversal???
The most that will happen is that the courts will decide that the Commission will have to review the case. So, they will. And, at the end of the day, they will state that their original decision was correct.
If I'm not mistaken, all the Federal signing did was put a line item in the budget to provide funding to buy land within the Highlands area to preserve it, at the rate of $11M per year, which can (and probably will) be reduced by other projects each year. It has no bearing on this case unless someone can pull a rabbit out of their hat and get funding for the state to buy the property itself.
As far as the exemption goes, if the courts do send it back for reconsideration by the commission, I think we stand a good chance of having it rescended. One of the members has already commented publically that he thought the exemptions were done hastily and without reviewing the entire plans.
I think the DEP knows they screwed up, but they wont reverse themselves unless made to. It makes them look too incompetant.
Agreed Chuck - I do believe the DEP will have a harder time second go around - were they not aware of the strong local opposition??? One has to wonder why they did not do any homework before the lightning fast exemption was granted. Hopefuly it will come around to bite them in the @ss...
"I think the DEP knows they screwed up, but they wont reverse themselves unless made to. It makes them look too incompetant."
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The way I read the chain of authority on this issue is as follows. The most that the courts can do is request that the DEP revisit their decision. The courts CAN NOT force the commission to reverse itself. Futhermore, the commission is not the final word on Highlands issues. The DEP itself is the final arbitrator - - - again, not the courts, not the commission, but the head of the DEP.
Given the nature of (incompetitent) government agencies, do you really think that the Director of the DEP is going to allow a reversal?
In summary, I do believe that the courts will force review, but the Director of the DEP will have final say. He is not going to admit his error. Besides, it would be extremely politically incorrect to apply the Highlands standard to a minority owned poor little old church. They would look like a "big bully" to a large constituency in the state on NJ.
My point is that no matter "how they might look" if the growing concerns are aired in a more public light, the DEP will be forced to eat a slice of humble pie. The objections raised by Rockaway Township, the Sierra Club, and Rockaway residents will have to be addressed. The DEP can find it's out by digging into the plans a little and realising the intensefication of use being proposed does not make sense, as well as the proposed "underground" parking proposal.
While what you say is 100% logical, you are completely ignoring the political reality of the situation - - - and that side of the equation far outweighs any argument based on logic.
The interests of a Minority owned church clearly out-trump the interests of environmentally concerned citizens in the Highlands region. It is just no contest - a no brainer.
We have the 20,000 people in our town, a large percentage of them registered to vote in the next local elections, and a full political staff paid to protect us...
The town belongs to the residents, not some team consisting of a self absorbed windbag, a losing PR firm, a whineyscreetch of a lawyer, an angry-pitiful-half-a-man, and a circus side show freak.
Even if you don't reside in Rockaway, and you look at this situation, any reasonable person, if thier backyard was this plot of land situated like this one is, would not want this six flags in their back yard causing the burden that this will impose.
Public outcry can sway this either way... the loudest squeeking wheel effect.
Perhaps the DEP decision-maker won't want to embarrass himself by rescinding his decision, but I am sure he will eventually need to weigh the amount of embarrassment we can dish up if he does not. One way or the other this man will need some water to wash down the big bowl of crow he'll be served.
"We have the 20,000 people in our town, a large percentage of them registered to vote in the next local elections, and a full political staff paid to protect us"
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It is not the town who will be making Highland bill decisions. How this towns people feel about this issue is irrelevent as far as the State Courts and State Government are concerned. In simpler terms, the Highlands bill will not be decided locally; it will be decided on a statewide basis. Statewide politics will be the "driver." Local (RT) politics are almost completely out of the equation.
REMEMBER SHUNDLER - may I remind you all that Bret Shundler is 100% responsible for opening Split Rock AND setting up a meeting between CC and the Mayor. Shundler is NO friend of RT and you need to make sure that ALL your neighbors know it!
If Bret Shundler runs it will be the first time that the entire town would vote DEM.
YO Doty that should make you happy for once!
"Bret Shundler - an official member of the right wing nut job social club"