Tuesday, October 04, 2005

Off Road Park Still Shut Down - Jduge Executive Denies License

The Judge Executive of Lewis County, Steve Applegate response reads, "I, as The Lewis County Judge Executive, believe it is my duty to protect the health, welfare, and safety of the people of Lewis County....Throughout the course of the public hearing, people voiced their concerns about safety for their children, trespassing on other landowners property, enforcement of the park's rules and regulations, quality of water, and the blocking of the roadway, I believe that it is the best interest of Lewis County to deny the request for an entertainment license."

I can only say what a crock of crap I think this whole process was! It is my opinion that the whole thing was rigged from the start! Talk about being railroaded. I think it would be great to sue the Judge Executive for dereliction of duty, but the park's attorney says that courts do not like to rule against county administrators. The Judge Executive turns down the offroad park's permit and there are businesses in the county which have never been forced to go through the process and they definitely fall under the law. How do you justify applying a law only when you feel like it? Can you say injustice?

Everyone in the offroad community was very supportive and a sizable number of people shared information with the Judge/Executive so he could make an informed decision understanding the benefits of the offroad park and the causes of some of the problems that did actually occur. While their efforts were appreciated, I do not believe that the Judge Executive gave it any consideration. It is my opinion that he was all about protecting his job at the next election instead of focusing on doing the right thing!

There have been a number of people that have asked why they did not address the Entertainment License issue before the park was opened. Well, they did not know about the Entertainment License. Their attorney never considered it as it isn't commonly used in a number of counties and a couple lawyers feel that it doesn't even apply to the offroad park. Further, they did attempt to address any issues concerning unknown types of licenses or permits before they purchased the property. It has been reported that the two owners personally met with the Judge/Executive in at least two face-to-face meetings where they asked if they needed any type of special license or permit to operate the park. It has been reported that his reply on both occasions was a No! Later when the Entertainment License issue came up, he backpedaled and said that he did say that but that he never considered the Entertainment License. He's the Judge/Executive of the County, and it appears that his word isn't good enough. What else can you say?

There is no way that I could look someone straight in the eye and tell them that this was a fair hearing! It appears that the whole ridiculous scenario was pretty much orchestrated by one individual, who we'll call Mr. Helmet as alias. Mr. Helmet and a few of his buddies did not like the fact that they were told to stay off of the park's property. Unfortunately for the park owners, Mr. Helmet and friends had some very good connections in the county. Can you believe people hell-bent on causing problems for someone and the only thing they were apparently upset about was that hey had to respect someone else's property?

The park owners are now determining their next step. They have told me that they plan to re-open the park somewhere - some how. They are looking at appealing the decision with the Circuit Court, but their attorney has advised them that they could lose there. The next step after that would be to take the matter to the State Apellate Court where their attorney feels that they will win. The attorney feels that the entire law could be thrown out due to its serious flaws. Unfortunately, this legal process would take a lot of money and time. Another more likely option is for the park to be moved. I believe that this is the avenue the owners will approach. They both are really steamed at the Judge Executive for his lack of support and for not keeping to his original word that they did not need any licenses or permits. If they did get things resolved and the park was re-opened and there were problems how would the county adminstration react? Would they bail and run again at the first sign of dissension among some of the voters?

I say why not move the park to a county where the county administrators will be smart enough to appreciate the value and economic benefits the park will bring to the community and have the backbone to stand up to a couple of miscreants who happen to vote?

No comments: