HoCo-FBCG CONSTRUCTION PROBLEMS

Purpose of this note -- To inform the citizenry.
(not to garner sympathy or solicit advice)

Goals --
To expose the ambivalent workings of our laws and our legislators/ judiciary failure of objective followthrough.

To foster official accountabiity.

Synopsis of Persistent Illegal HoCo-FBCG Problems (1998-Present)

Those who followed this ongoing saga since 1998 realize the gravity of their noncompliance. Serious impacts on property owners rights to protect their interests and that of their neighbors to avert possible state and county zoning "takings" of their own land (by legislation) with impunity, when they least expect it.

From 1998-2003, FBCG had their conditional use, later, their special exception and variance applications, denied at least four (4) separate times by Board of Appeals, Hearing Examiner, Three (3) Ho.Co. Circuit Court Judges overturned on administrative appeal/judicial review. Once denied, an applicant cannot by law file another application for 24 months from denial or six (6) months if their application is not the same or substantially the same.

FBCG kept filing applications and HoCo allowed them to do so during each pending administrative review. On the last overturn by the court in 2003, FBCG filed another appeal with the Hearing Examiner who turned the case over again to the Board of Appeals who accepted their case one more time for de novo hearing. Problem -- It was "the same or substantially the same application" and not even 30 days had passed let alone six months or 24 months.

During December 2003, with ongoing HoCo County Council 10-year Comprehensive Plan session, FBCG approached the Council ex parte during their own pending scheduled Board of Appeals hearing (scheduled for February 2004)and the Council rezoned (spot zoned) the church property. In February 2004, FBCG postponed their appeal hearing and it was rescheduled for March 2004. Later in February, FBCG sent an email to "withdraw" their scheduled and pending Board of Appeals de novo hearing. BUT HoCo allowed FBCG to proceed with their same previously rejected application and newly rezoned property to move with it towards site development plan and building permit. Needless to say, I protested loud and long with each of those HoCo-FBCG illegitimate moves, including filing administrative appeal petition in the HoCo Circuit Court for judicial review with appeal to COSA following denial of my motions for stay and change of venue.
But the COSA did not dismiss my administrative appeal in its entirety, because HoCo has never scheduled a hearing/trial on the merits, which I am continuing to pursue.

I believe this is a serious matter and it needs to be taken as such, because Howard County Homeowners are suffering property rights loss, in many cases, not because they failed to prove their case but, in too many cases, because courts use minor technical "twists" of the law to throw their case(s) out of court. It is a timely and expensive process. And I believe the only way to keep the process honest and for justice to prevail is for sunlight to be poured over, under, through, and around the entire process from start to finish. Our newspapers will not tell these stories leaving individual onlookers to believe they are going through these injustices alone.

So, you see, it is not merely a matter of how much money you can raise to pursue your case or how many people you can get to sign a petition on behalf of your cause. Justice demands that honest and just officials be seated over those laws which are passed to ensure legal objectivity and mandatory compliance as opposed to somebody's arbitrary, capricious, and illegal abuse of process.

Columbia, MD
(Alas, it was a beautiful place to dwell. May it once again be so).

HoCo-FBCG CONSTRUCTION PROBLEMS

Purpose of this note --
To inform the citizenry. (not to garner sympathy or solicit advice)

Goals --
To expose the ambivalent workings of our laws and our legislators/ judiciary failure of objective followthrough.

To foster official accountabiity.

Synopsis of Persistent Illegal HoCo-FBCG Problems (1998-Present)

Those who have followed this ongoing saga since 1998 realize the gravity of the HoCo-FBCG noncompliance. Serious impacts on property owners rights to protect their interests and that of their neighbors to avert possible state and county zoning "takings" of their own land (by legislation) with impunity, when they least expect it.

From 1998-2003, FBCG had their conditional use, later, their special exception and variance applications, denied at least four (4) separate times by Board of Appeals, Hearing Examiner, Three (3) Ho.Co. Circuit Court Judges overturned on administrative appeal/judicial review. HoCo zoning laws state that after denial, an applicant cannot by law file another application for 24 months from the denial or until after six (6) months, if their application "is not the same or substantially the same" as the denied application.

However, FBCG kept filing applications and HoCo allowed them to do so even though they knew there were administrative reviews pending in the HoCo Circuit Court. On the last overturn by the Hearing Examiner and the circuit court in late 2003, FBCG filed yet another appeal with the Hearing Examiner who then turned the case over again to the Board of Appeals who accepted the FBCG case one more time for de novo hearing. Problem -- It was "the same or substantially the same application" and not even 30 days had passed let alone six months or 24 months after denial.

Moreover, during December 2003, with the ongoing HoCo County Council 10-year Comprehensive Plan session, FBCG approached the Council ex parte during their own pending scheduled Board of Appeals hearing (scheduled for February 2004) and FBCG asked the Council to rezone (spot zone) the church property.

Early 2004, FBCG asked the Board of Appeals to postpone their February 2004, appeal hearing and the Board rescheduled it for March 2004. Then, later in February, FBCG sent an email to "withdraw" their scheduled, pending Board of Appeals de novo hearing. BUT the HoCo Council allowed FBCG to proceed with their same previously denied application and newly approved rezoned property to move with those documents towards the site development plan (SDP) and building permit stages. Needless to say, I protested loud and long with each of those HoCo-FBCG illegitimate moves, including the church commencing construction without any approved SDP or building permit or proper decision and order from the Board. And, I filed an administrative appeal petition in the HoCo Circuit Court for judicial review and then I filed an appeal to COSA following the HoCo Circuit Court denial of my preliminary motions for (1) stay and (2) change of venue (in 2004).

The COSA dismissed my appeal as premature and then remanded my case to the Circuit Court but the COSA did not dismiss my administrative appeal in its entirety, because HoCo had never scheduled a hearing/trial on the merits, which I am continuing to pursue. The COSA ruled that dismissal as premature an appellate review of those motion denials would not put the entire case out of court.

I believe this subject is a serious matter and it needs to be taken as such, because Howard County homeowners are suffering their property rights loss, in many cases not because they have failed to prove their cases; but, because in too many cases, our courts use minor technical "twists" of the law to throw their case(s) out of court. Appeals are a timely and expensive process. And I believe the only way to keep the zoning process honest and for justice to prevail is for sunlight to be poured over, under, through, and around the entire process from start to finish. Our newspapers will not tell these stories leaving individual onlookers to believe they are going through these injustices alone and on their own.

So, you see, it is not merely a matter of how much money you can raise to pursue your case or how many people you can get to sign a petition on behalf of your cause. Justice demands that honest and just officials be seated over those laws which are passed to ensure legal objectivity and mandatory compliance as opposed to somebody's arbitrary, capricious, and illegal abuse of process.

Columbia, MD
(Alas, it was a beautiful place to dwell. May it once again be so).

UPDATE - FBCOG ILLEGAL CONSTRUCTION

The First Baptist Church of Guilford, located in Howard County, Maryland, (Columbia) was legally denied approval to add on/renovate or build by (1) Board of Appeals, and (2) Hearing Examiner, and (3) Circuit Court Judges (three of them) on review of three separate administrative appeals of the church case. The court records show the church was denied each time and illegally went to the county council to spot zone (rezone) their property. The church continues to engage in illegal, corrupt process despite my numerous letters and legal case law cites to prove Rev. Wright and this county are noncompliant. My administrative appeal against this church is ongoing since 2004, and the county and church are continuing to do everything to use the full force of the law to keep them flaunting it. That is neither of God nor Godly and I cannot understand how any of those perpetrators can sleep at night.

Below is a current account of legal news that our newspapers have refused to report, I believe, because Rev. Wright is involved. Many of the First Baptist Church of Guilford parishioners do not know their church is acting illegally and that I have filed ongoing administrative appeals and judicial review suits against them since 2004, and I have not yet exhausted my right to appellate reviews. Where is the church money coming from and where is it going to? Isn't anybody calling for an objective financial audit of their chruch records, as they continue to rake in money for "construction"?

There is no progress when the ones who are in charge of keeping the law are, themselves, unlawful (based on the court records). And, unless anybody persists and perseveres for the cause of justice, there will be no justice.

Although my administrative appeal against the FBCG rezoning and construction is still ongoing since 2004, to date, no trial has been scheduled on the merits. In 2004, I appealed the circuit court's denial of my motion to grant a stay and motion to change venue during the outset of my petition. In September, the Court of Special Appeals (COSA) ruled my appeal (on the denied motions) was premature and dismissed that appeal. At the same time, the COSA did "Remand (my case to the Howard County Circuit Court) for further proceedings." Instead of doing that, the circuit court dismissed my entire case without taking action on the merits and closed the record even *before* the COSA issued its Mandate in October 2007. At the time, the COSA had *not* dismissed *my entire case* and even stated so in their Mandate.

The circuit court had also done the same thing as the Board of Appeals. Neither of them had provided for the files any mandated final written decision with memorandum of facts and conclusion of law; yet, they both allowed the FBCG to proceed with their illegal (confirmed by the record) zoning plans. Even worse, the circuit court not only had not provided for the file any proper, lawful written decision and order, they also have never notified me in any format that the circuit court had dismissed my administrative appeal and closed my record even while my judicial review in the COSA was still pending receipt of their Mandate. I found that out when I went to the courthouse and reviewed my case file.

*Bottom Line* --
The First Baptist Church of Guilford (Rev. John L. Wright, Pastor) continues with construction of a new church using an illegal process and, as a matter of law, they could be made to discontinue construction and even to tear their whole project down.

The Howard County Department of Planning and Zoning has allowed the church to continue to RedLine/update their same previously rejected 1998 plans even in late 2007! And those plans now reflect an entirely new and sprawling church beyond the originally rejected plans. This is outrageous. It is corrupt. It is fraudulent. It is time for the news to report what is going on; but, to date, even the newspapers have refused to do so. And, as a matter of law, the church and Howard County actions are based on an ongoing unlawful process with impunity and they must be stopped. They must all be held accountable by the courts for knowingly, willfully, and deliberately deceptive practices with regards to this church zoning case.

As of this date (Dec. 26, 2007), I am awaiting a response from the COSA on my Motion for Reconsideration to reverse, vacate, and remand my case to Howard County Circuit Court to comply with the COSA Mandate of October 17, 2006, "Remand for further proceedings." Regardless! They know the record will remain a testimony against them. They may ignore it but they also know that God Himself is not pleased with their disobedience.

Merry Christmas and Happy New Year 2008!