So I was wondering...

Why, in light of this recent "victory" being celebrated by the Moto Maniacs, does Doug Longenecker's lawyer, Jaynie Hoerauf want to quit the case?

She has written a letter to Judge Mienk asking to quit as Mr. Longenecker's attorney.

Maybe she knows that the only place Mr. Longenecker has a prayer is in the court of public opinion, in the minds of the Moto Maniacs who cannot see past their frenzy to ride and race long enough to realize how wrong this whole thing is. 

Mr. Longenecker's victory must be ringing pretty hollow right about now. 

The Hayes Township Planning Commission handed him everything he and the maniacs wanted on a silver platter.  But they all have to know that this is not the end of it and the neighbors are not going away. 

We will be appealing to the ZBA.  Once again, like last time around, per the Hayes Township Zoning Ordinance, there will be a stay on the property until the ZBA takes its decision.  Mr. Longenecker knows this, even if the Moto Maniac lemmings do not.

So here's the dilemma:  If Mr. Longenecker maintains his $1.2 million lawsuit against Hayes Township his claim will be greatly diminished.  The Hayes Township leaders do not seem to have it figured out that he's suing them and he is not their friend.

The Planning Commission just gave him his motocross park - er... campground and resort.  Without restrictions.  Carte Blanche. 

Anyone who doesn't think that wasn't a carefully orchestrated performance by the Planning Commission is fooling himself.  Mr. Criscuolo worked around Nola Hopkins (who is showing signs of thinking for herself), and Lee Dancer who seems a bit shaky these days.  No matter.  Mr. Criscuolo has four other staunch enough supporters of Moto Mania that he could afford to vote last and give himself plausible deniability when it comes time to testify in court that he voted against it.  His record to date suggests that he is not against it.  He wanted to put restrictions on it and then approve it.  That's what he will claim.  He knew by the time he cast his vote which way the vote would go and they didn't need his vote to carry the motion so he threw his vote away.  Very pragmatic of him. 

But I digress.  The bottom line is, the latest decision from the Planning Commission has rendered Mr. Longenecker's lawsuit moot.

When Judge Mienk asks why he's continuing with the lawsuit when the Planning Commission just granted him everything he wants, what is Mr. Longenecker going to say?  How big will any settlement be?  I'm guessing not too big because the judge told him to continue development at his own risk back in April of last year.  And the current status in the "system" has a Special Use with no restrictions in Mr. Longenecker's hands.

A small settlement means that maybe he can't pay his legal fees. Maybe that's why Ms. Hoerauf wants off the case.  She's not working pro bono. 

What happens if Mr. Longenecker drops his lawsuit against Hayes Township?  Well then he runs the risk of not having a lawsuit in play if the Zoning Board of Appeals overturns this second Special Use.  The likelihood of that?  About the same as the last one, and for the same reasons.  If they overturn it again, and Mr. Lonngenecker has no lawsuit in play then if (when ) he files a new lawsuit, it looks like he's trying to extort the Township because they didn't give him what he wanted (twice).   

And Ms. Hoerauf will have to stand in line along with all the rest of Mr. Longenecker's other creditors to get paid.

Maybe Ms. Hoerauf wants to stall the court date and get it pushed back until after March 21, 2011 (his latest court date coming up.)  She may be "taking one for the team" so the court date will be pushed back until after Hayes Township can convene a Zoning Board of Appeals meeting.  Her request about 2 weeks out (10 days as of today) is interesting timing.  She may not have been too keen about representing Moto Mania anyway, and now that Mr. Longenecker has Ghazey Aleck representing him, it kills two birds with one stone.  It sure beats asking the judge to push back the date while they wait and see what the ZBA decides in the inevitable appeal. 

If they ask the judge outright to wait until after the appeal, then it links the two special uses.  And Mr. Longenecker and presumably his legal team have gone to great lengths to keep these two Special Use Permits from being linked.  Asking for the delay also makes it look like extortion.  (I'll drop my lawsuit if I get what I want...)  If Judge Mienk allows the court date to wait until after the ZBA's decision, he may end up deciding both of them at the same time. 

For Mr. Longenecker, it's a craps shoot.

The latest shenanigans on the part of the Planning Commission all but guarantees that their decision will be overturned in court.  From (intentional?) procedural missteps, to conflicts of interest and blatant disregard for the advice of their insurance company's attorney and the professional opinion of their short-lived Zoning Administrator, maybe the goal is to make Judge Mienk the "bad guy" to take the heat off of the Hayes Township leadership, and Mr. Longenecker's continued grounds to sue the Township.  Again.  

Maybe Ms. Hoerauf just plain got disgusted with it all.

I wonder...