STRONG TURNOUT TODAY BY ASPHALT MILL OPPONENTS - BZA GRANTED HEARING DELAY 
By Pam Weinstein

NOTE:  Key organizers of our efforts have set up a group meeting/strategy session for Tuesday, Feb. 22 at 5 pm - see end of this article for Zoom details!

The sun was shining brightly this Tuesday morning as over twenty Grandmont Rosedale residents gathered at Detroit Public Safety Headquarters to attend the 10:15 am Board of Zoning Appeals (BZA) hearing on a proposed asphalt mill in our neighborhood.  Another 130 interested members of the public joined via Zoom.

Hearing room seating was limited to 15 members of the public, so several supporters were not admitted to the building, some of whom took a great selfie in the parking lot outside (see attached photo).  

 

Among those inside the hearing room were Marsha Bruhn, North Rosedale resident and retired Director of the Planning Commission; Bryan Ferguson, Schoolcraft resident and vice-chair of the Detroit Board of Police Commissioners, and Renee Ferguson, Schoolcraft resident; Nancy Bitzarakis, Rosedale resident; Evan Bitzarakis, Rosedale resident; Jim Dwight, Rosedale resident; Pam Weinstein, Rosedale resident; Mrs. McFarland, Grandmont resident.  

BOTTOM LINE: HEARING DELAYED
The petitioner (the asphalt mill owners), through their new attorney Lawrence Walker, asked for an adjournment (which means a postponement) due to the new attorney's having just been hired recently and his need for time to prepare and get up to speed on the case, given the environmental concerns about the property and the need to gather scientific evidence.  A lively discussion followed his request, which finally ended in a motion being made, seconded, and passed unanimously by BZA members to grant the request for an adjournment.  BZA Director Ribbron said a new hearing date would be worked out with the applicant.

ABOUT THAT LIVELY DISCUSSION...
The first speaker to respond to Attorney Walker's request for  adjournment was an attorney from the Detroit Law Department, who  noted the following:
the applicant appeared to lack “standing," because ASI JBE Holdings LLC is not currently the owner of the property at the proposed site (no purchase agreement was submitted with the application);
ASI JBE Holdings does not appear to be a legal entity, because it’s not registered with the State of Michigan; 

There was a lot of back and forth about these points - Attorney Walker said the necessary paperwork had been sent to BZA, the BZA Director seemed to acknowledge that and then he sent it over to the City attorney, who said he would review as soon as he received it and respond possibly within the hour, since there would be no grounds to honor a request for delay from an entity that lacks standing.  The meeting nonetheless proceeded, apparently without this matter having been clarified…!

Attorney Walker then complained vigorously about the following:
lack of proper notice to the asphalt applicant - he said they never received the official notice of the hearing to be held on Feb. 15
notices were sent to wrong addresses and to the wrong owner
notices carried incorrect addresses of the proposed site
notices included the designation of District 1, when the correct designation is District 7  
problems with the timing of when such notices were sent or received.  

EDITORIAL COMMENTS & INTERPRETATION
All of this matters because there are STRICT LEGAL requirements about BZA’s duty to notify both the applicant and the public about their hearings.  All of the mishaps and mistakes described by Attorney Walker would be fertile ground for any future legal case against the BZA.  Similarly, any decision to deny the request for an adjournment could also be cited in court as evidence that the BZA treated the applicant unfairly, was prejudiced against them, etc.

All of which doubtless goes to explain why BZA members voted unanimously to grant the request for an adjournment.  The applicant’s side had some problems, possibly major, with standing and ownership.  The City side also had some problems - with notifications, process, etc., that could prove fatal in court.  With the decision to adjourn, both sides get a kind of “do-over.” :-)

NEXT STEPS
This delay means more time for the applicant to prepare their case, but also more time for our side to do more research, strengthen our arguments, and recruit more supporters!  Our Change.org petition currently blew past 1000 signatures this morning and the BZA Director said he already had more than 200 letters in opposition.  Key organizers of our efforts are planning a group debrief/meeting/strategy session for Tuesday, Feb. 22nd at 5 pm - see below for info on how to join the Zoom call:

Topic: BZA Asphalt Plant Hearing Debrief
Time: Feb 22, 2022 05:00 PM Eastern Time (US and Canada)

Join Zoom Meeting
https://sierraclub.zoom.us/j/6361374874?pwd=REpucE1BRjJGbTY0V0h6STRwVmxYQT09