NIMBY group gets short-term win in court

Therese Dunphy

March 27, 2013


An appeal will move forward regarding a community group’s challenge of a permit for Buie Lakes Plantation’s proposed operation in Robeson County, North Carolina.

According to a report in The Robesonian, Robeson County had requested that the Friends of Philadelphus post a $1.24 million bond as it continues a challenge of the county’s approval of a conditional-use permit for the site.

An attorney for the county said that the bond was “necessary to protect the county from possibly losing the more than $25 million investment that the developers of the mining project say they will make.”

The local superior court judge denied the motion without holding a hearing, the newspaper reports.

The reaction of each side showed their disparate styles to the issue.

“Judge Floyd gave us a fair and adequate chance to present our argument,” county attorney Hal Kinlaw told the newspaper. “We just didn’t have the argument to satisfy him there was a need for our motion to be granted.” The appeals process, he added, averages about 18 months.

The community group’s response came my way earlier today, via an email with a link to the article.

Ms. Aggman (can I be addressed in this manner from now on?),

Here is the latest news on our Appeal. They failed to provide information to substantiate yet another action to thwart DUE PROCESS!

Due process is an important legal right, but so, too, is a community’s right to generate funds through the appropriate means, including taxes paid by local businesses.

Although the request for a bond failed, it’s encouraging to see a local government body attempt to hold a small pocket of citizens accountable to the harm they may inflict on the entire community.

Robeson County may have lost the current legal battle, but its leaders should be applauded for protecting their tax base and their citizens in this matter.

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