--- In AsburyPark@yahoogroups.com, "bluebishop82" <[EMAIL PROTECTED]>
wrote:
>
> No Warner, the Trustee agrees to the sale with parties agreeing to
> the MOU. It later went to the Planning Board and the Council, etc.,
> and a new Redevelopment Agreement completely replaced the MOU, so
> the integrity of Land Use Law was protected. If the Developer and
> the City never agreed to a contract it isn't like the Developer can
> give it all back to the Trustee. Once the contract was sold by the
> Trustee to Fishman, the Trustee was out with no change to the Plan
> at all (the MOU is not a contract, it is just a memorialization
that
> the parties will later negotiate with certain goals in mind).
> Nothing was changed until the Redevelopers Agreement and that was
> way after the Trustee was gone.
I'm not asserting that the Trustee dictated the terms. The City has
maintained that the MOU was binding and, in practice that is what we
ended up implementing. The Plan we have now is a direct
implementation of the MOU.
You're wrong about the order of events. The New Plan was written
based upon the MOU. Then submitted to the Planning board, whos
recomendations were rebuffed by citing the MOU.
That's just plain out of order. The City under cover of the
bankruptcy agreed to a settlement that was in violation of its own
land use plan. That is illegal, it agreed to change zoning by
contract/agreement.
There should have been no land use specifics in the MOU since it was
already governed by the existing Plan. If changes were desired, fine,
bring them to the Planning Board, the Public, etc under the proper
process. Not agree to them and ramod it through the system.
To justify land use changes by saying "well that's what we agreed to
and we have to stick to the contract" is just plain illegal. It
violated Land Use/Redevelopment law, public policy and,
as Rita would say: "That's not right !!"
Werner
>
> The problem you are having is that a long held belief of yours is
> being challanged, and you don't want to change that view.
Someone has to look at these issues from the perspective of the
publics rights, public property, public policy and process. It's my
pleasure to to be that eye.
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