Tuesday, October 01, 2019

DC Court of Appeals accepts opening briefs from McMillan Park neighbors

From the Ward 5 list:


From: WARD5@yahoogroups.com
Sent: Tuesday, October 1, 2019 5:47 PM
To: SaveMcMillan ActionCoalition ; HistoricWashington ; friends-of-mcmillan-park
Cc: kenyan@kenyanmcduffie.com; Ward 5 Yahoo Group ; Racine, Karl (OAG) ; mayor@dc.gov; muriel.bowser@dc.gov
Subject: [WARD5] Press Alert: DC Court of Appeals Accepts Opening Briefs from McMillan Park Neighbors Defending National Historic Landmark; Despite Requests and Protests OAG Racine Chooses Not to Meet With McMillan Appellants [1 Attachment]
 

[Attachment(s) from d.c. forrd included below]

[please share]
FWD::: Press Alert: Save McMillan Park Action Coalition & DC for Reasonable Development
Contact: Linwood Norman, SMAC.DC@gmail.com, (202) 656-3012


DC Court of Appeals Accepts Opening Briefs from McMillan Park Neighbors Defending National Historic Landmark; Despite Requests and Protests OAG Racine Chooses Not to Meet With McMillan Appellants

Washington, DC -- Today, the first day of October 2019, the highest Court in the District of Columbia, the DC Court of Appeals, accepted the opening briefs from several McMillan Park neighbors who are challenging the decision to subdivide and build on the open green plains of McMillan Park and to demolish the historically protected 20-acre Sand Filtration Plant and water cistern underneath the site. www.savemcmillan.org/water

Private developers with deep ties to elected officials will be paid millions in taxpayer dollars to privatize the public land at North Capitol Street and Michigan Avenue Avenue NW is which is listed on the National Register of Historic Places. https://www.nps.gov/nr/feature/places/13000022.htm

Developers are eyeing a substantial windfall to replace the protected historic landmark with 2+ million square feet of new downtown-sized development including hundreds of luxury condos, a grocery store, a recreation center and a new medical campus. 







"This could be DC's central park -- an open place for all with acres and acres of wonderfully re-purposed majestic subterranean space for cafes, libraries, recreation, urban agriculture, a grocery store -- all without destroying and privatizing this amazing historic site that has protected views to all of DC's major landmarks downtown," said James Fournier, appellant and park neighbor.


Mr.. J. Peter Byrne is the Mayor's Agent on Historic Preservation. https://www.law.georgetown.edu/faculty/j-peter-byrne/

It is Byrne's decision that is under appeal, the decision that approves the demolition and subdivision of the landmarked McMillan Park and Sand Filtration Plant. http://savemcmillan.org/mayorsagent/

The Court of Appeals just accepted the Opening Briefs of the neighbors challenging Byrne's approvals. The McMillan Park appellants include Cynthia Carson, James Fournier, Melissa Peffers, Chris Otten, Daniel Wolkoff, Jerome Peloquin, and Linwood Norman.  They are calling out the fact that all of DC's local preservation officials have completely ignored the Federally-assigned preservation covenants that run with the McMillan Park deed. http://savemcmillan.org/legal/MCM_deed_GSA_covenants.pdf

In late August, the Court denied Karl Racine's attempt to dismiss the case, and ordered Petitioners to file their briefs by the end of August. To try to head things off, appellants attempted to meet with Racine over the summer to intervene on behalf of the residents who want the best possible outcomes for McMillan Park, but Racine ignored pleas for a meeting. And despite open protest of Racine recently,  Racine's office sent a note laste week turning down any meeting with McMillan neighbors. http://www.dcfeedback.com/fit2print/uncategorized/300


"Look, we want the city to follow its laws, whether that be about historic preservation or basic common sense, because when Mayor Bowser's agencies run over the laws, they hurt the real interests of real DC residents and they are now doing it routinely,"said Melissa Peffers, a Bloomingdale resident and appellant. "The developer's expert says this new project will bring another 20,000+ new vehicle trips daily to our neighborhood. This is unacceptable given the adverse air quality, pedestrian safety, and traffic concerns we have to contend with along North Capitol Street daily right now."


The Court ordered Racine and attorneys for Vision McMillan Partners (paid for by DC taxpayers) to file a response brief within 30 days. http://savemcmillan..org/legal/2019/alive/

###

17 comments:

Unknown said...

A lie repeated often and loud enough can become a truth.

1. They represent the community and thousands of residents. F A L S E

2. "OUR PARK" needs to remain public.
F A L S E

3. Greedy developers will reap windfall profits. F A L S E

4. The city did not follow the law.

FALSE. FALSE. FALSE. FALSE

Kevin Rapp said...

Thanks, Lola.

False and unproven claims by opposition of the McMillan Development are now expected. And you’re right, for neighbors with no other info, the falsities have often become fact.

In reality, the delays to the development have cost taxpayers ~ $91 million to date, not including $71 million designated to improve surrounding neighborhood.

Scott and others, please provide supporting facts to your statements. You have spent enough time reviewing the project to enable you to have these supporting facts easily ready to post.

If you’re unable to providing supporting facts, your statements are at best assumptions.

The development includes a public park, with more publicly accessible land than the Filtration complex ever had.

How did the city not follow the law?

Scott Roberts of Bloomingdale said...

None of these are my statements.

Kevin Rapp said...

Thanks, Scott. I have sent you information about McMillan that has not been posted on your blog. You have chosen not to post this information. Any reason why?

Other local blogs have posted the same information I sent you:
- plans for the McMillan Fountain
- question about what could be done w/ the federal side where the park that public could enter the interior, not just the exterior was located.

Daniel in brookland said...

WE NEEDED TO open this park and take that fence down in 1987 when our $9.3 million tax dollars were spent by DC, even though we think Federal GSA offered the site for FREE if DC agreed to preserve as green space. The waste of $millions is on successive DC administrations that COLLUDE with mega development conglomerate to carve up this unitary historic site/GREEN RECREATIONAL PARK , like a
Thanksgiving turkey,IN CORPORATE GREED. Any city govt. not corrupt, would be thrilled to deliver to it's residents a big healthy, breezy outdoor recreational green-space but our corrupt mayors and corrupt city council COLLUDE with Jair Lynch, EYA and Trammel Crow(VMP) to STEAL our land and shun DC's African-American community and sell out Bowser and McDuffie's own heritage...YOU CAN HAVE THE WHOLE SITE BLOOMINGDALE, just get up and DO IT!! So put the services on other land like WHC, AFRH WHERE THE SERVICES BELONG..notice only 2, 3 anonymous people are VMP supporters, where are the rest, why not post your support all these numerous VMP supporters WHERE ARE YOU??Fontaine faked your support when VMP/DMPED payed Fontaine $30,000 for the fake grass roots PR campaign DISGUSTING!!BUT please check for asbestos in the 1,350,000 cubic feet of 1905 concrete the air quality in your area is already the WORST in DC. So see all OUR wasted money the corrupt govt is flushing down the toilet for us and handing our land over STEALING our land, Bowser is better at this than Trump!

Kevin Rapp said...

Daniel,

GSA did offer the filtration site for free if the city elected to turn the filtration plant into a park. The city elected to instead purchase the site for $9.3 million and develop it.

Much, if not all, of the, "waste of $millions", you mention is directly tied to delays created by opposition. Some opposition by immediate neighbors, some by individuals who live 2 or more miles away from the site, like you Daniel.

Many supporters are afraid to speak out by name. Others have tired from the years of delays. I have had numerous conversations with neighbors who both support and oppose the development.

By air quality, correct me if I'm wrong, but I'm assuming you are referring to childhood asthma rates in Bloomingdale, which can largely be attributed to the continuously deteriorating, weed filled, and mold laden filtration site.

If there is asbestos in the concrete, thanks to the admirable work of opponents, the city will likely be extremely cautious in handling it.

Opponents have done a tremendous service to Bloomingdale by forcing the city and developers to present a much better plan than they would have otherwise. As always, it's anyones guess as to what happens next.

For what it's worth on a personal level, I have great respect and appreciation for the efforts you and others have taken Daniel; believe it or not.

Jacob said...

It is time to sue Save McMillan Park Action Coalition & DC for Reasonable Development. Like many I am sick and tied of you wasting my Tax dollars along with delay a project that will be FANTASTIC for the city. Also, looking to put leans on off of these peoples property. It TIME TO STOP THE MADNESS!!!!!!

Unknown said...

Jacob, I have been asking the same exact question! As a tax payer who moved here with the understanding that this area would be developed I want to have the same legal standing here to hold these activists financially responsible for the lost services, lost revenue and cost increases that are a direct result of the multiple lawsuits filed by these self-absorbed abti-development activists. They like to use the race card or the "greedy developer" invectives when they are the ones who produce nothing of value for the community. I would gladly work with you for a class action lawsuit against the individuals and their properties for $99 million to start. This sum should increase with every delay as a result of their continued actions even after they have lost the major cases. I want to see my grand child able to play at the real McMillan Park in my lifetime!!

mellodcd said...

"where are the rest, why not post your support all these numerous VMP supporters WHERE ARE YOU??"

We're here, living in Bloomingdale, supporting this project. We just try not to engage with people who scream irrationally into the internet.

Unknown said...

Does this mean there will be more delays in start of the development of McMillian? If so, then I am on the bandwagon to join in a class action lawsuit against these obstructionist. Enough is enough. They are wasting tax payer money, clogging the courts and denying appropriate development in this community

Unknown said...

Apparently every time they form a new "group" that entity has the legal right to sue! It really is an end-run around the courts and around the legitimate process that has taken place. Even when they lose, they succeed in either getting more delays if the legal process slows it down. That process costs us in legal staff working for the city and construction cost increases resulting from the delays as well as lost revenue. But to be optimistic, it seems that the court is now recognizing that all the issues they tried to use against the project have been adequately addressed. But like Jacob, I don't want these activists saying they represent the community when it's a damned lie. They represent themselves and their ideology against development and against capitalism. They call those of us who live here racist and greedy if we support and look forward to this project being built. We cannot silence them but it's a damned shame that no one will stand up to challenge their lack of honesty until now. Talking on a blog is one thing but taking a legal action realistically is not so simple. If they continue to muck things up for us though, I would join a class action lawsuit in a heartbeat.

nobodyhomehere said...

That's the old Daniel, back to the ALL CAPS rant.

nobodyhomehere said...

Without being able to clearly show the harm, financial or otherwise, from the delay in development, I don't see how suing the gang of development haters would result a speedier end to the legal holdups. It would be ironic, though, if we could sue because they's delayed us getting our community park and pool.

Nate said...

Yeah I mean it’s the same reason why the save McMillan losers keep losing. They can’t show harm. So their cases keep getting thrown out. Also, Scott doesn’t post the pro development info because he’s a shill for the obstructionists that don’t even live.

Nate said...

I’m here. Living in Bloomingdale. Unlike you.

Nate said...

Scott won’t post pro development things unless he really has to as it conflicts with his NIMBY narrative. Just like his facilitation of the historic district lobbed in by a small group and people that don’t live here.

Scott Roberts of Bloomingdale said...

Do you have a McMillan message that you would like shared here, Nate?