Greensboro zoning and land-use attorney Tom Terrell has a great post on his NC Legal Landscapes blog today where he addresses language in S 112 eliminating the rezoning protest petition. Some quick takes:
The question is how we can justify allowing a single citizen, answerable and accountable to no one, to have unilateral power to commandeer a duly elected city government by allowing the citizen to control two of the government’s votes. It is a power without precedent or rationale in a democratic system based upon the bedrock principle of majority vote. And such power, of course, is patently unfair. There is no other power extended to a single citizen by our statutes that is greater than the power allowing one person to alter the manner in which duly elected officials can transact the public’s business and deny an entire city its right to have a decision made by majority vote.
REBIC is working with the North Carolina Home Builders Association (NCHBA) to encourage Senate leadership to bring S 112 to the floor for concurrence early this week, and will keep you appraised of the bill’s progress. Should S 112 be signed by Governor McCrory, it will immediately make protest petitions a thing of the past, with the exception of those already filed.