Stop stretching so far you're going to pull something.
The MOU was an agreement to later change the plan. You know that.
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>
> --- In AsburyPark@yahoogroups.com, "justifiedright"
> <justifiedright@> wrote:
> >
> > Werner, you are pretty good at setting up straw men and knocking
> > them down. You said:
> >
> > "That Duany was the primary source of creating our Redevelopment
> > Plan is still being cited as a good reason to accept it without
> > question."
> >
> He may have been talking about Fred and others.
>
>
> > The contract gives rights to the plan, so the plan goes nowhere
> > without the rights holder. Accordingly, the Plan was held up in
> > bankruptcy along with the contract. By asserting that
the "Plan"
> > was not also held up in Bankruptcy is to suggest then that the
> City
> > could have gone ahead with it. Does that make you understand
yet
> > how wrong you are about this stuff? The Plan was as held up as
> the
> > Contract.
>
> I think you miss (once again) the nuance of what Werner is saying.
> The Plan is the only lawful use of the land. A contract can't
> dictate the use of the land contrary to what the lawful use is.
That
> is the cart before the horse. Chnage the plan and then you can
make
> a contract in congruence with it. Werner is correct in his
statement
> that what was done ws zoning by contract. Land use/planning is
> supposed to be independent of contracts. The city Plans the land
use
> and then seeks contracts for other to use the land in accordance
> therewith. Anything else is illegal (spot) zoning.
>
> >
> > Here is a point from you that really defines our differences:
> >
> > "All of that diverts attention from the most significant issue,
> Land
> > Use. It's all about Planning, Zoning and Land Use."
> >
> > You see prior land use and zoning laws like some holy script
that
> > must never change. I believe it must be flexible to change with
> > changing times. Again, a historian does not have to fear
> progress.
> > I don't care when land use and zoning laws change to make us
> > better. You believe those laws are more important than
progress,
> to
> > proectect some thought in your head that somehow it makes you
more
> > respectful of history. In reality, it enslaves you to history.
> >
> Off the mark again. Change the plan first. Planning is supposed to
> flow out of what is best for the city in terms of planning, not
the
> economic returns of a private individual (contract). If we left it
> to some we'd have nothing but monster truck race tracks.
>
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