Last night, in an amazing turn of a friendly card, Frank Howington managed to retain property rights. In spite of Original Intent, one gets the impression these days the role of government is to take away property rights.
In a recent post, the story of Frank Howington trying to develop property with private-sector funding for 100 units of residential Smart Growth infill was recounted. Council denied the request, Howington subdivided his lot and sought approval to build two complexes resembling the first proposal. The neighbors appealed and sued. Asheville’s planning department jumped in and expedited two ordinances to outlaw Howington’s actions. Howington appealed the ordinances and sued over them. The city proposed rezoning the lots as an additional bushwack. Howington filed a protest petition.
The last move meant five of six council members had to approve the rezoning last night. Councilwoman Manheimer had to be recused because she works for one of the city’s largest law firms, and so does the lawyer Howington hired. Councilman Cecil Bothwell thought the move was deliberate.
Fortunately for America, Bill Russell and Jan Davis voted against the rezonings. Russell said it violated property rights, and Davis said the way the city was outlawing everything Howington tried to do as soon as he started to do it was sending a bad signal to developers. It sounded like fingernails scratching a blackboard.
