It would appear that Doug Longenecker has four choices for ways to proceed from here.
Option #1: Take the matter to court and appeal the Zoning Board of Appeals' decision to Circuit Court. Judge Mienk should have received word of the decision by now. He has indicated that once the ZBA had decided he would become involved if an aggrieved party appeals to him.
According to the Hayes Township Zoning Ordinance, Section 1509 Final Action on Appeals, page 72 of the most up to date copy, (which is still not on the Hayes Township Website), "The decision of the [Zoning] Board of Appeals shall not be final, and any person aggrieved by any such decision shall have the right to petition to the Circuit Court on questions of law and fact."
Doug is perfectly within his rights to appeal the ZBA's decision to the Circuit Court, however his attorney, Jaynie Hoerauf has indicated that she wants to review wording the Zoning Board of Appeals' motion before she goes forward with an appeal to the circuit court.
If he chooses this option, he will be filing a new case altogether. I wonder if his new case will go before Judge Mienk, since he is familiar with the case, or another judge. I'm sure Doug and his attorneys are hoping for a different judge for his appeal since Judge Mienk did not seem impressed with Doug's shenanigans with regard to the Polaris event on Moto Mania property which violated the ZBA stay.
Option #2: He can wait 90 days and ask the Zoning Board of Appeals to reconsider their decision.
According to the Hayes Township Zoning Ordinance Section 1503 Rules and Regulations, Paragraph 6, Page 71 (Most up to date version), "For a period of ninety (90) days, following a decision by the [Zoning] Board [of Appeals], no reconsideration of that decision shall be given unless the Board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances."
Unless Lyle succeeds in sneaking in a change to the Hayes township Zoning Ordinance, like, say, adding a new special use to the A-R zone to specifically say Motocross Parks and ORV Businesses, or some other rule change, which will take a process, I don't see how a "material change in applicable facts and circumstances" can take place.
The earliest Doug can apply for reconsideration is 8 Feb 2011.
Option #3: Apply for a brand spankin' new Special Use Permit, starting from scratch. Nothing prohibits him from doing this.
I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue.
So he wants to go for round three. I guess he thinks that the third time's a charm. Only this time, I think he's going to find out that the hoops he wasn't made to jump through by Jim VanWormer, Lyle Criscuolo and the rest of the Planning Commission are hoops looming large this time around. I think Doug is going to find out that there's more to it than simply calling your business a "Resort" or a "Campground". Unlike the last two go-rounds, he is finding out that there are requirements to be met and other agencies besides Hayes Township who have a say in the matter. It is more complicated than he thinks it is. It could take another year before this gets decided.
In the meantime, we will hold the Planning Commission's feet to the fire and watch them like hawks. Again. This time we will be vocal about it when we point out potential conflicts of interest among members of the Planning Commission, and they may want to bear that in mind. Any that do have conflicts may want to recuse themselves this time around when the application gets to them.
Jim VanWormer is gone, and I don't think that the Planning Commission can pull Lisa Stager's strings as easily as they pulled his. In fact, I don't think she has any strings to pull.
Option #4: Doug can cut his losses and walk away, and try to get redress from Hayes Township for what he invested in the first place, (before Judge Mienk told him to continue to develop at his own risk). I don't think he has much grounds for anything beyond that. He was complicit in the way things were done the last two times around and has already displayed a willingness to bend the rules and violate stays and restrictions placed upon him. With his track record, if I were on the Planning Commission, I would think twice before I rewarded that a second time.
And the neighbors? We're in it for the long haul. Our lives, family and investments are tied up in our property. We aren't going anywhere.
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