Other side to lawsuit
Last week’s letter from Joe Mogus does not shed honesty, but fogs this issue. He paints Bob Ford as an evil predator. But the reverse is reality.
Based upon an unconstitutional clause in the Storm Water Management rules, the Morgan County Planning Commission improperly denied a building permit to build a barn. Contrary to state law, they judged the barn for storing tractors, feed and animals as commercial.
Additionally, the distinction of commercial use from farm or residential uses has no relevance to the storm water flowing from any roof. This distinction has no rational basis and is, consequently, unconstitutional.
Nonetheless, the Morgan County Commission pursued Commissioner Ford in the way that only planning commissions can. They made him submit and resubmit plans at his expense or give up. To add an insult to that injury, he also had to pay the county’s review costs.
Ford finally agreed that he could no longer fight for his rights with the planning commission and took his attorney’s advice, bypassed the county appeals process and sued to finally resolve this long-term county persecution. The result was a substantial loss for the county as they did not get their illegal $100 per day fine. The county was awarded only the $300 fine for building without a building permit, which Ford had offered much earlier.
Further, Ford agreed to any change demanded by the new county engineer, who examined the barn contents. They demonstrated an agricultural use. Consequently, the county won nothing that they could have had without wasting tax dollars. Mr. Mogus should direct his anger at the negligent commissioners and their advisors.
If there were justice in this case, the county should reimburse Ford’s legal fees and all other unnecessary costs that the planning commission required.
I admire Bob Ford for his wishing the best for Morgan County and forgiving his politically driven tormentors.