Do you have a copy of Eastern Shore Builders Association et al vs OPA?

Around here somewhere. Never really meant much to me, mainly because they failed to take the case to the Court of Appeals. Anyone who goes to court in Worcester County against Joe Moore is very likely wasting their time unless prepared to appeal. Most local attorneys will verify that.

For our discussion are you referencing that case because it upholds guidelines related to percent coverage? If so, I've never disputed guidelines overall, just those that have no foundation in the DRs. Percent coverage, as I have pointed out, falls within the absolute power of the ECC to reject house plans if they don't like the color of your hair. I think percent coverage is ridiculous and arbitrary, but ECC has the authority to be stupid and arbitrary on that issue.

The OPA board has lately, it seems, been rubber-stamping cases sent up by ECC to go to court. Every board member should look at the site personally before casting such a vote. The case should be thoroughly discussed then at a public meeting. In every instance the board should only decide to go to court if the issue in question does harm and is not simply some technical thing. At least one board member has said there is no reason for him to look at a lot before voting to send a case to court. The board should also ask the alleged offender if he/she would like to appear before the board when the decision is to be made. Worcester County actually holds a public hearing and the owner or neighbors can present their side in addition to the side of staff.

Finally, in EVERY instance when a primarily guideline case comes to the board there should be some discussion as to whether the guideline conforms with the DRs with total clarity. If not the guideline should be thrown out on the spot or rewritten.

There seems to be an overall "gotcha" mentality at the administration level. Us against them. God knows there are enough clear cut serious problems without nitpicking lot owners to death on issues that do nothing to maintain the community, or very questionable as to whether OPA has the authority.

I'll say this, the ECC has a tough job.