SENATE TACKS ON PUNITIVE ZONING APPEAL BOND BILL TO HB 50 Posted: March 5, 2005
After the House Judiciary Committee refused to hear SB 157 (supported by the HomeBuilders and lobbied by the McBrayer firm) which would impose a $25,000 minimum mandatory appeal bond on a neighbor or neighborhood association seeking to appeal an adverse circuit court ruling in a zoning case, the Senate leadership amended House Bill 50, an unrelated bill on guardianship hearings on Friday afternoon, to include a modified version of SB 157 requiring a $10,000 minimum mandatory appeal bond.
This appeal bond has no purpose other than to discourage appeals of zoning approvals by the public, by demanding a minimum $10,000 and up to $100,000 bond just to file the appeal before the Court of Appeals. The bill is unfair, arbitrary and punitive, and yet the amended House Bill 50 passed the Senate with just one no vote- that of the courageous Sen. Scorsone.
PLEASE SEND A FAX TO 502-564-6543 THIS WEEKEND ADDRESSED TO REPRESENTATIVES BRENT YONTS, LARRY CLARK, SPEAKER JODY RICHARDS, JOE BARROWS, BOB DAMRON, MAJORITY LEADER ROCKY ADKINS, JEFF HOOVER, BOB DEWEESE AND KEN UPCHURCH and ask them to REFUSE TO CONCUR WITH SENATE AMENDMENTS TO HB 50 and to OPPOSE ANY MANDATORY APPEAL BOND IN ZONING CASES.
Also, please call Monday AM to 1-800-372-7181 and leave a message for "all House members" to REFUSE TO CONCUR WITH SENATE AMENDMENTS TO HB 50 and to OPPOSE ANY MANDATORY APPEAL BOND IN ZONING CASES.
And. oh, by the way, next time you contact your Senator, you might ask them what they were thinking when they voted to categorically punish neighbors simply for trying to access the courts to appeal zoning decisions.