Newspapers / Daily Tar Heel (Chapel … / Sept. 30, 2003, edition 1 / Page 5
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Ufyr oaily (Tor Wwl Ruling favors planner in suit Citizen fears due process stifled SARAH RABIL STAFF WRITER In an Orange County Superior Court hearing Monday, the lead planner for the Winmore Village development was granted his request to enter the lawsuit of Voyce vs. Town of Carrboro on behalf of the town. Plaintiff Brian Voyce filed a law suit against the town of Carrboro because he thought town officials violated due process and the joint planning agreement in approving the rezoning and development of Winmore Village. Voyce, representing himself in the case, said the judges decision Monday could prevent his ability as a resident to question local government because he cannot match financially developer Phil Szostak. “Is the good, progressive town of Carrboro so afraid of its citizens questioning how it acts that it has to engage in tactics that essential ly bring in the developer as their pit bull?” Voyce asked. The Carrboro Board of Aldermen approved the mixed-use development of Winmore Village on June 10. Mayor Mike Nelson cast the lone opposing vote when the proj ect was approved. The 66-acre subdivision will include 98 single-family houses, 66 townhouses, 68 apartments and 20 commercial sites approximately four units per acre. James Cox, Szostak’s attorney, argued in the hearing that the developer had a mandatory and permissive right to enter into the lawsuit. While Judge Ronald Stephens denied the claim that Szostak had a mandatory right to enter the lawsuit, the permissive right, which is court-granted, was given. Szostak of Winmore Land Management LLC, expressed sat isfaction with the court’s decision to allow him to enter the lawsuit. “We need to be part of the law suit so our side can be heard as well as the city’s,” Szostak said. The developer’s entrance into the suit changes the whole picture, said town resident Marty Mandell, who supports Voyce. “It’s a dispute between citizens and the government,” Mandell said. Szostak denies claims that he is trying to stifle residents’ opinions. “I think the judge saw that Brian Voyce’s issue that we’re intervening because we’re trying to squash public opinion was wrong,” Szostak said. But Mandell said that by allow ing Szostak to enter into litigation, the court had stifled local protest. “I think it’s very difficult now for a citizen with legitimate com plaints to go ahead and sue their government, as we have the con stitutional right to do,” she said. Szostak said that he hopes the lawsuit will not continue but that he is prepared for the long run. After Monday’s decision, Voyce said he will have to evaluate the cost of continuing with the lawsuit before pursuing it. Carrboro mayoral candidate Jeff Vanke said a developer’s entrance into a resident’s lawsuit likely prevents its continuance. “I oppose (the decision) because the town is outside of judicial review by its citizens because they can’t afford to be counter sued,” Vanke said. Voyce said the board also did not provide residents with ample time to address its opposition to the project. “I think the process was riddled with favoritism for the developer,” said Voyce. “The process was loaded for the decision that was going to happen. “It illustrates that in Orange County, the right of the developer is more important than the rights of the citizens.” But board member Joal Broun said the needs of all citizens, whether they are businessmen or not, are given equal consideration. “The board listened to all of the participants in the hearing and all of the information given by staff and made a decision,” she said. “We followed the ordinances as they were written.” Contact the City Editor at citydesk@unc.edu. toffee Abu I ■ One of Life's Better Perks v i tLu,, h<i.i% : Br.mtd • \ d <&. FREE FOUNTAIN DRINK j ■ Non-Correa - Might Leaf teas, Odwalla juices, Chai J f ! - I■ * VLI u/itk &t\y pit*. 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Franklin St. < to i • 942-PUMP I www.yogurtpump.com j S3 al. veu can eat j | To" OFF ANY YOCUmTEM ] Come check out The Agora, Granville Towers’ j ! TopP J nSS ext [ a - Exd “ des chl,d cup ; Pledse present cou P on | , belore ordering. Une coupon per customer per visit. ! brand-new lining room! I J j LpTH Hot valid with any other promotional otters. DTHJ i taßaaaaHS | | | Mon-Sal 11:30am-11 :30pm • Sun 12pm-l];3opm I ■ I I I I I I ii i§“y Ont ifijy 2C ■ ■ | Get On Ff!l|Pj * \ \ \ Purchase any sandwich or large salad and get one FREE! | CUfd HUI | | I (Of equal or lesser value.) Not valid with any Other offer. I 35 Chinese has the best variety of Chinese food around. You can hoose - I . . | from over 50 items on our Super Buffet or order from the extensive menu. • 1 .*!• a a | BEAR# ROCK' Offer expires 1/30/03l I k Lunch 11 am-2:3opm C AF E ! 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Crunchy Yummy Waffle C ' 1 J LOCALLYoWHED, WTHETRtAHGLE L Visit our NEW location in Carrboro! t LOCALLY GREAT// —l crush'n or larger, get aj| 3028 East Main St. (in front of the Arts Center and Cat’s Cradle) Jl Free waffle cone K 952-1942 * Open 7 days a week w it HIM wJHnPIWpL mmrmh NOt We are not closing the Chapel Hill location! IS9'/i E. Franklin St. 4711 Hope Valley Rd. 122 S. Churton St Chapel Hill Woodcraft Shopping Ctr. Hillsborough 967-5048 Durham 792-8662 L. -_X-4 403-6285 News TUESDAY, SEPTEMBER 30, 2003 5
Daily Tar Heel (Chapel Hill, N.C.)
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Sept. 30, 2003, edition 1
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