Monday, May 31, 2010
Nic Nak to Return June 1, 2010 for Fifth Public Meeting
Maybe, just maybe, these Councilmembers might realize the opposition to Nic Nak is not a racial issue, but a quality of life issue. Maybe they will realize that the claims of racism, gentrification and intolerance are simply a smokescreen intended to confuse the real legal issue because there is no legal rationale to approve Nic Nak. When evaluating whether the City has acted in an arbitrary and capricious fashion to approve a major variance, the courts will not rely on the emotional testimony of the applicants and their supporters, but the regulatory requirements and whether the Nic Nak meets the legal threshold for a major variance. The City Attorney says it does not.