Sunday, November 11, 2007

Then she appeared...

There is a great article by a local attorney in the Business Monthly about the many economic benefits that the Plaza Residences would bring to Columbia's downtown. This is no surprise- anytime you move a bunch of rich people somewhere, of course they will pump money into the local economy and provide an economic windfall.

However, what sets this article apart is the focus on the legal liability that could befall the taxpayers of Howard County if the litigants against the Tower are successful in halting its construction. This is actually a serious concern of mine, and I have been surprised that so many Tower opponents (CoFoCo and the like) were so quick to dismiss legal liability issues that would result if the Tower was successfully blocked. I have read statements along the lines of “the County should do what is right and not be concerned with lawsuits.” First of all, if the threat of a lawsuit exists, then the County is NOT doing what is right in the eyes of our legal system. Furthermore, to ignore the threat of a lawsuit is just plain stupid, both in private business and in government.

A review of the legal landscape creates a strong argument that Howard County would be "taking" The Plaza project in a manner very similar to a condemnation. This means that Howard County may have to reimburse its owners for the fair market value of the property. It may also expose the county to other liabilities for such a taking.

For example, the attorney for the residents who are fighting the building of project recently testified before the Howard County Council that the profits associated with building The Plaza could range from $60 million to $100 million. If true, this could be the measure of damages owed by the county to the builder.

To put this in perspective, the cost to the county could be the cost usually associated with building a new middle or high school.

Regardless of the potential liability, the stress on our community caused by such litigation cannot be overstated, especially during a time when we should all be coming together to construct our vision for Columbia downtown's renaissance.

Well said!

HT: Wordbones

1 comments:

Anonymous said...

It's sad that a small percentage of our community is tearing it apart. If it's 4 people, like the supporters of the Tower state or 400 people like the the opposition to the Tower states, Columbia is about 100,000 strong and the Counuty Council represents about 250,000. The County Council did the right thing given the cards they were dealt.