Health & Fitness
I'll Gladly Pay You Tuesday...
The South Euclid Oakwood rezoning is unconstitutional. We can get it overturned. I need help getting into a court. Who's going to step up?
It's come to this. Finally. I'm begging. I'm begging for a pro bono lawyer, or for someone(s) with deep pockets.
Because. I. Don't. Want. To. Lose. We can't lose. It's way too important.
Unless we get it reversed in a court, the ill-advised and unconstitutional rezoning of the Oakwood golf course in South Euclid will, too late, be recognized as the Turning Point upon which the Near East Side Suburbs (NESS) began their rapid decent.
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“Unconstitutional? What the heck is he talking about?” you may well ask.
OK, that's a fair question. You're familiar with Shemo, right? You remember, Shemo was the boogeyman court case that the developer and his pals kept threatening the South Euclid voters with all the time. Nothing anybody said or did would matter, because of Shemo. Shemo was all powerful. Shemo was great. Shemo was the developer's ace-in-the-hole, no matter what.
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Sooo, being as we're sure to be having Round II in Cleveland Heights one of these days, I decided I'd better know what Shemo's all about. That's one of my tricks, by the way. I gather facts. Then I bring them up at the appropriate time.
And here's what Shemo really says. This is from The Ohio Supreme Court:
“Since there was competent, credible evidence supporting the trial court's conclusion that the U-2-A zoning classification does not substantially advance a legitimate health, safety, and welfare concern of Mayfield Heights, we reverse the judgment of the court of appeals and reinstate the trial court's judgment declaring the zoning ordinance unconstitutional.”
Pretty simple, isn't it?
No way that huge, crappy development, going up where it doesn't belong, will “substantially advance a legitimate health, safety, and welfare concern of” South Euclid. Everyone knows this. They know this. Heck, they even had a consultant write up a report that advises them to change the 2010 Updated Comprehensive Plan since the rezoning is such a stark contradiction to it.
I've asked lawyers to look this idea over. It's valid. There's no guarantee of winning. Not by a long shot. But I guarantee that if the Super Walmart and the fast food drive thrus are built, we lose.
I've asked everybody and anybody for help. I got a couple of logs on the fire, but nothing nearly enough. Please, someone who cares, contact me. We can overturn the South Euclid Oakwood rezoning. But I need your help.