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Opinion editorials Handling of Pit Appeal Calls for a Time-Out |
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opinion editorialsThis editorial first appeared in the Albuquerque Journal. It was written by editorial page staff and is unsigned as it represents the opinion of the newspaper rather than the writers
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Saturday, March 13, 2010
$11 Million Would Be Nice Right About Now
Bad enough to have to scrape up $54 million in this economy. Now watch $11 million fly out the door because of a 16-year-old bad decision.
This extra, heapin' helping of fiscal insult was being served up by the majority of the City Council circa 1995, a group of elected officials who ignored city rules and state laws and voted 7-0 to downzone the parcel of land now home to ABQ Uptown to mollify a vocal group of NIMBY residents. A pile of court rulings and legal bills and one harrowing economic downturn later, one has to ask, was playing zoning officer for a day really it worth it? Or how about, what bills could the city cover with that money if it wasn't needed in the just-in-case-we-really-mess-up fund?
Because the city is self-insured, most of the $11 million-plus court judgment plus plaintiffs' legal fees in the case of Albuquerque Commons Partnership vs. Albuquerque City Council will come from a reserve fund. If more is needed, the city says the most likely source will be jacked-up property tax bills.
Meanwhile, Mayor Richard Berry is spending what is just his fourth month in office considering across-the-board pay cuts or benefit reductions or furloughs or layoffs for city employees, canceling raises for police officers and firefighters, or reducing services to the public — all thanks to a drop in gross-receipts taxes.
City Attorney Bob White, who has been on the job just a few months longer than the 16-year legal fight, says the myriad court decisions "will help guide land-use decisions in the state for years to come. In the long run, I think this case has brought some clarity that wasn't there before."
Here's something that's clear as crystal — the city didn't have to throw $11 million-plus away in the litigation lottery for a decision that countered city and state law. Current and future councilors should heed this lesson in the cost of not playing by the rules.
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