"They that give
up essential liberty
to obtain a little temporary safety
deserve neither liberty nor safety."
Benjamin
Franlin - 1775
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. . . But not in my Backyard
Tuesday,
20 July 2004 - "My
daddy's a lawyer and we
can do what we d*** well please".
That is indicative of the atmosphere we
are dealing with.
Let's
go back a bit. All we did was hold off the
inevitable but at least we could say we
did all we could. The beautiful wooded 40-acres
with a large pond in our backyard were to be
leveled and a Wal-Mart Super Center accompanied
with the
usual shopping center stores took the place of
the green pastures.
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Dump truck running with little regard to his
responsibility to the neighbors.
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Our
neighborhood was able to hold them up in court
for about a year but now the
encroachment
was
coming back with a vengeance. Good ole boy politics
and our lawyer who now will not answer our calls
set the stage for the next blow against our peaceful
neighborhood. There was written in the initial
settlement with Wal-Mart a 300' buffer zone
between their super center and our homes.
This was done away with when one of our neighbors
sold out and reaped an undisclosed settlement.
This woman, who said she represented us, recently
purchased a $300,000+ home north of town on a
quiet lake. In place of the original buffer is
a 10' strip sporting a short plastic fence, tall
grass and
a few bushes. All of this came about without
our being notified. To
make matters worse, the promised buffer zone
from before was
sold by Wal-Mart to the developer. We found out
a few weeks ago that a 35,000 square foot, 38'
tall 10-theater
cinema (243Kb Acrobat
file) is
to be built just 48 feet from our property line.
(Numbers
are from memory and may be off a little) Acceptance
of the new building passed the city property commission
without any acknowledgement of the audience even
though there were three of us ready to object when
our
turn came. The developer with his lawyers made
themselves quite obvious sitting just a few rows
back from the front. We were eventually heard but
quickly told that the vote had already passed and
the board sympathized with us.
Many
promises have been made to simply pacify and
then quickly
broken. What our neighborhood
sees as a one-sided partnership between the city
government and the developer is dismissed with
a lot of rhetoric and legal terminology from well-practiced
local lawyers. We have sought representation for
our case locally and statewide only to be told
that either there was a conflict of interest or
it isn't worth the law firms' time.
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Bulldozer stirring up dust.
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Monday,
July 20th we were dusted continuously
by dump trucks and a bull dozer just west of our
backyard. Prevailing winds pushed the dust all
over our neighborhood. Requirements are that a
water truck is to keep the dust down but was not
available since the city did not place a meter
on the fire hydrant. Work went on despite this
requirement. Below are a few photographs of the
activity and the
result
of
our home being
invaded by the dust storm. Spoke to Larry Kirkland
of T & K
Construction (235 County Road 1242, Vinemont,
AL, 256 734-6611) who said they were responsible
for bringing in the equipment to
prepare
the site
for the theatre and parking lot. Mayor Green
promised to protect our neighborhood and
was
obviously not
aware of this problem.
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A truck passes by without regard to any of the neighbors.
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After
exploring all the avenues we can find and wasting
a lot of precious time and money, we turn
to you and hope you can help us make some positive
progress in being taken serious and well represented
in our goal of an equitable compromise between
the two parties.
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Five seconds later, we are living in a cloud.
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Ten seconds later as
the dust passes.
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We're
hoping to find
a reasonable solution to keeping our neighborhood
intact and not become another victim
of the Wal-Mart cancer that occurs every ten years
in this town when they vacate and move to a larger
building leaving the others empty. We hope our
city will seek wisdom from its earlier
mistakes and look beyond the revenue toward the
secure roots of our community. Mr.
Drinkard, the developer, was quoted as saying, "This
is a place anyone would love to live". Think
I should invite him over this evening for a mint
julep to watch his construction under our old crab
apple tree?
Wednesday,
21 July 2004 Next >>
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