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Gaydosh Wins in Court Again Confirming Ignorance of City Council, Law Director, and Economic Development Director Regarding Charter Section 7A.01! People Win Again the 'Right to Vote on Legislative Zoning Power'
People Win Again the Right to Vote on Zoning Legislation - Thank you Sally Gaydosh Protector of the 'People's Right to Vote'
On September 16, 2014, Judge Amy Corrigall Jones in Summit County Commons Pleas Court ordered the following:
Upon review and consideration of the Twinsburg Charter and Ordinances, this Court finds that height regulations fall within Chapter 1141.01. A change in the height regulations without requiring a vote by the electorate is a violation of Charter Section 7A.01 which reserves to the voters of Twinsburg the final say in legislative zoning power.
This Court finds that Plaintiff is entitled to judgment as a matter of law. Judgment is rendered in favor of Plaintiff. The electorate of Twinsburg must be given the opportunity to vote on changes to height regulations.
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This is a final and appealable order. There is no just cause for delay.
Judge Jones indicated “There is no dispute that the Charter of Twinsburg mandates voter approval of zoning changes pursuant to Charter Section 7A.01. Furthermore, Ohio Revised Code 713.06 provides in pertinent part:
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The planning commission of any municipal corporation may frame and adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts, representing the recommendations of the commission, in the interest of the public health, safety, convenience, comfort, prosperity, or general welfare, for the limitation and regulation of height, bulk, and location, including percentages of lot occupancy, set back building lines, and area dimensions of yards, courts and other open spaces, and the uses of buildings and other structures and of premised in such zones and districts.
It is obvious that the courts and Sally Gaydosh understand clearly what Law Director, Maistros, Economic Development Director, Finch along with the seemingly ‘mindless compliance’ of seven City Council members do not. That the citizens of Twinsburg have reserved unto themselves ‘the right to vote’ on zoning district regulations referenced in City Charter Section 7A.01 and Title III District Regulations!
For more than a decade, Sally Gaydosh and her attorney Warner Mendenhall have repeatedly been victorious in the courts because of their understanding and unsurpassed knowledge of Charter Section 7A.01 which mandates ultimately a ‘VOTE’ of the people for any changes to TITLE III DISTRICT REGULATIONS as guaranteed in Charter Section 7A.01.
Zoning changes should procedurally be reported on by the Planning Commission with a recommendation, then if approved/authorized by City Council, simply placed before the voters. Seems simple enough, why did the Law Director insist upon bypassing voter approval? Sally Gaydosh, as a protector of the ‘Peoples Right to Vote’, has been vilified by various ‘Political Power Brokers’ and personally attacked; leading ultimately into the courts to defend the voters right to vote. City Council appears guilty of acting on the obviously flawed understanding of our zoning regulations by the Law Director without asking questions in seemingly ‘mindless compliance’; an issue the voters should resolve in future elections, wouldn’t you agree? It is also painfully clear that Law Director, Maistros and not Sally Gaydosh, is confused and ignorant of exactly what sections in our zoning regulations requires a ‘vote’ of the people, perhaps it is time to consider a new Law Director? Without a doubt, finger pointing will be the order of day from City Hall after this court ruling!
The court has rightly upheld Gaydosh’s claims under the Law; that Ordinance 97-2012, unanimously approved by City Council, Signed by Mayor Procop and Council President, Ted Yates, as prepared by Law Director, Maistros with support of Economic Development Director, Finch does in fact and law require a ‘VOTE OF THE PEOPLE’. The question in my mind is why have our City leaders on multiple occasions denied the people our right to vote on zoning legislation? When there is ambiguity, why not just let the people vote! Time for a change of city leadership; can there be any doubt after yet another unfavorable court ruling?
Accountability demands that City Council call for a special full investigation (Utilizing the Planning Commission with independent legal counsel) of all the meeting minutes and city records surrounding this attempted corruption of our zoning regulations? If it is determined by a special investigation that any professional errors in judgment, illegal acts, attempts of collusion, or any form of conspiracy were done by anyone officials involved with this matter, then disciplinary action up to and including discharge should be considered and acted upon by City Council. Our ‘Right to Vote’ is precious, paid for with the blood of patriots, and demands this action! If City Council cannot or will not defend our City Charter and ‘Right to Vote’ then they have violated their oath of office and should resign, in my opinion.
It is time again for the citizens of Twinsburg to defend our ‘Right to vote’ for ‘zoning districts’ as provided in Charter Section 7A.01, as voters have done since 1989 and Vote ‘NO’ on Issue 41 November 4th and keep Twinsburg the unique community we all love!
The citizens of Twinsburg can read all the documents surrounding this civil suit by going to the Active Citizens of Twinsburg (ACT) website www.activecitizensoftwinsburg.com and clicking on the ‘Court Cases’ tab. The concepts of self-governance require all citizens to be responsibly informed and in order to facilitate that end, the ACT website is providing a public service by providing access to information the public needs to know.
Loren Sengstock, Trustee