Duluth Wal-Mart lawsuits dropped

September 14th, 2008 FinanceBuzz Posted in City of Duluth, Courts, Planning and Zoning, Real Estate Development No Comments »

The AJC has reported that lawsuits filed by landowner Jack Bandy alleging violation of his property rights in the Duluth Wal-Mart Supercenter case have been dropped.  The suits were reportedly dropped in a manner that “could allow them to [be refiled] later.”  Hopefully, these cases will eventually be heard by a court.  When the government has possibly violated our property rights, ensuring that those infringing citizens’ rights are held accountable, in a court if necessary, is very important.  After all, since the elected officials often won’t be held accountable by NIMBY voters, courts are often the only option.

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Gwinnett Commission: The Buzz endorses…

July 7th, 2008 FinanceBuzz Posted in Charles Bannister, City of Duluth, Gwinnett County Commission, Gwinnett Elections, Lorraine Green, Mike Beaudreau, Planning and Zoning, Taxes, Transportation No Comments »

With just over a week until the GOP primary, the time has arrived for the Buzz to makes its endorsements in the Gwinnett Commission races: Chairman, District 1 and District 3.  For anyone who has been following this blog, these endorsements will not come as any great surprise.

Chairman

A week ago I thought I might come down to the wire on this contest.  I have long realized that this race was really between Charles Bannister and Lorraine Green.  Glenn Pirkle is simply in over his head and is not a serious candidate in my estimation.  As for Green versus Bannister, I eventually recognized that Charles Bannister’s tax relief plan was superior to that proposed by Green in that it provides relief for not only homeowners but also the businesses in Gwinnett that provide goods, services and job to county residents.  Even if Green’s plan were better on paper, her flip-flop on tax cuts in less than a two-month period forces one to question whether her proposal is simply a campaign tactic that would be set aside if it threatened the government services that she consistently backs.  Lorraine Green advocates change for Gwinnett, but this raises the real question in this race - what change do we need that she can really provide?

A glance through Green’s Plans for Change is a merely list of more government regulation.  That is not the change that Gwinnett needs.  I recently asked a friend who supports Green to tell me one thing that Charles Bannister has done wrong as Chairman.  The best he could articulate was that he does not like Charles and that Charles is satisfied with the status quo.  Given the changes that Green supports, the status quo is preferable.  Yes, Green is a better speaker than Bannister but if style was more important than substance I would be on the Barack Obama bandwagon.  The bottom-line is this - Charles Bannister’s job performance during his first term has earned him an opportunity for a second.  He has done an adequate job and he does not bring the downside of Green’s flip-flop on tax relief and support for more government.  The Buzz endorses the re-election Charles Bannister for Commission Chairman.

District 1

District 1 features a three-way race between Carol Hassell, Shirley Lasseter and Bruce LeVell.  I early on dismissed Lasseter as an option in this race.  Her performance as mayor of Duluth in the aftermath of the Runaway Bride fiasco soured me on her as I felt she unfairly piled on Jennifer Wilbanks.  Lasseter was also mayor during the development of the enormous Duluth City Hall.  Duluth’s new City Hall appears to be larger and grander than the courthouses for many counties in Georgia.  Gwinnett needs elected officials who will be more responsible with taxpayer funds and Shirley Lasseter’s City Hall is a testament to poor stewardship of taxpayer dollars.  Lasseter only confirmed my assessment of her candidacy with her performances in two candidates forums I attended.  She simply does not project the image and presence required of a commissioner for a county the size of Gwinnett.

Carol Hassell was also unimpressive in the candidates forums.  She was flat and uninspiring.  However, the knock on Hassell’s candidacy is her stand on the issues.  Similar to Green’s change agenda, Hassell’s Ideas for Tomorrow has a strong lean to additional government regulation in land use, precisely the problem Gwinnett needs to be moving away from.  Long-time Gwinnett political observer Bob Griggs characterizes Hassell as having a “reputation as a fairly-liberal ‘tree hugger.’”  A liberal tree-hugger who supports more government regulation?  Gwinnett should run, not walk, away from Carol Hassell as District 1 Commissioner.

You might assume this means that the Buzz backs Bruce LeVell simply by process of elimination.  Even if this were my rationale, given his opposition, this would be a more than justifiable cause for casting a ballot for LeVell.  However, Bruce LeVell also happens to be the strongest candidate in this race.  Bruce was the most passionate and well-spoken candidate in the forums.  Bruce focuses on the real issues that Gwinnett needs to address such as crime and public transportation.  LeVell’s experience on the MARTA Board of Directors and advocacy for light rail makes him qualified to lead Gwinnett at a time when questions about transportation will be paramount.  Finally, LeVell’s background as a successful small businessman should give him a greater sensitivity to balancing needs of business and homeowners in land use decisions.

The choice in District 1 is easy.  The Buzz endorses Bruce LeVell for District 1 Commissioner.

District 3

The choice in District 3 is the easiest of all the seats.  Mike Beaudreau’s first term as commssioner has been a blow to private property rights and the free market in southern Gwinnett.  This is a real shame.  I visited Beaudreau’s Facebook page yesterday and reading that, I cannot argue that Mike is the kind of person we need in politics.  If he were running for the State Legislature where individual land use decisions do not come into play, I suspect I would be a supporter.  However, Beaudreau is not running for state office or Man of the Year but rather District 3 Commissioner.  Therefore, we have to consider his record over the last four years and that record is seriously wanting.

Mike has been beholden to homeowner special interests and basically brags about this.  As a result of this bias, he has failed to protect the property rights of anyone other than homeowners, which is a serious matter because when anyone’s rights are violated, a dangerous precedent is established.  Mike has hampered the ability of his constituents to take advantage of the latest in wireless telecommunications services with his unreasonable and continued opposition to cell phone towers.  Beaudreau also supported the mandatory garbage pickup plan adopted by the Board of Commisioners, a program that substituted government decision for your freedom of choice.  Though Mike promotes “holding the line on…property…taxes,” he supported the deal to bring the Richmond Braves to Gwinnett despite the possibility that county backing of the project could result in a tax increase.  Mike Beaudreau claims he is a conservative but are limitations on property rights, restrictions on the free market, and a possible property tax hike the type of conservatism that most Gwinnettians support?  True conservatism seeks to protect our rights and limit the influence of government in our lives.  These are conservative ideals that Mike Beaudreau’s record do not reflect.

Doug Stacks is a political newcomer.  He does not have a long history as a career politician.  However, this is not a problem as I do not think potlical experience is mandatory to be a county commissioner.  In fact, we should not be afraid to embrace the American concept of citizen representation.  The biggest skill required of a county commissioner is common sense and a willingness to be fair to all members of the Gwinnett community.  This is not to say that Doug would not bring valuable skills to the position.  Doug has experience as a planning professional which should give him a deeper understanding of all facets of land use decisions and an appreciation for balancing the needs of all parties involved.  Doug understands that reasonable commercial growth enhances the tax base and helps to avoid placing an excessive burden on homeowners to fund Gwinnett County government.  Either of the tax proposals of the Chairman candidates depend upon a vibrant business community to work.  Doug’s approach would enhance the ability of a sales tax-based system to satisfy the funding needs of the county government.  Finally, Doug is a long-term Gwinnett resident.  He stands with those of us who know Gwinnett not just as where we live but as home.  When Doug says he has a “vested interest” in his community, I have little dificulty believing that to be the case.

The choice in District 3 is crystal clear.  The Buzz endorses Doug Stacks for District 3 Commissioner.

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Wal-Mart abandons plans for Duluth Supercenter

May 7th, 2008 FinanceBuzz Posted in City of Duluth, Planning and Zoning, Real Estate Development No Comments »

Late last week, the AJC reported that Wal-Mart has shelved plans for a proposed Duluth Supercenter. I followed this story with great interest. I will not recap all the arguments presented by the anti-progress group Smart Growth Gwinnett, but I will say that this case had me steamed. I never like to see those who fight progress and interfere with private property rights win, however, since this was a decision made by Wal-Mart corporate and not forced upon them by government, I have no quarrel with the issue. In fact, this is an example of the system working.

If Wal-Mart’s decision was influenced by the so-called Smart Growth Gwinnett, this demonstrates that protest can be effective. If a group seeks to stop a development or undesirable zoning decision, influencing the other party is a far better choice than wielding the police power of government to trample on private property rights. That being said, Smart Growth Gwinnett is not beyond reproach as evidenced by bragging about how getting the City of Duluth to implement restrictions that may still interfere with landowner Jack Bandy’s economic rights to his property. There was enough interference with Bandy’s ability to benefit from his property by the City to warrant his lawsuit. Based on what I read about the actions made by the City of Duluth, I would not be disappointed to see the City held liable for millions of dollars. Finally, let’s not forget who was in charge in Duluth while this fiasco was playing out - Mayor Shirley Lasseter, current candidate for the District 1 commission seat. Scrutiny of her role in this situation is in order as voters decide who will replace Lorraine Green.

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