Save Rock Creek Hills Park? Well, we sure tried!: "Counsel, the Association, and the individual plaintiffs have reviewed the April 23 order carefully..."

Tuesday, April 30, 2013

"Counsel, the Association, and the individual plaintiffs have reviewed the April 23 order carefully..."

A message from Mr. John M. Robinson, President, Rock Creek Hills Citizens' Association, on the Rock Creek Hills Citizens' Association website:

Dear Members,

As you are aware, on April 11, 2013, Judge Rubin made an oral ruling against the Rock Creek Hills Citizens' Association and the individual plaintiffs on matters relating to the proposed conversion of Rock Creek Hills Local Park. On April 23, 2013, Judge Rubin entered a 13 page written Declaratory Judgement stating his reasons. Counsel, the Association, and the individual plaintiffs have reviewed the April 23 order carefully and have again concluded that the Court erred in ruling that (1) the plaintiffs have no standing to challenge the proposed conversion, (2) the Board of Education has a valid reclaim right to the park, and (3) the government defendants did not violate any statutes in deciding to convert the park without further review by the state agencies having statutory jurisdiction over the proposed conversion. Therefore the Association and the individual plaintiffs are appealing the April 23 order...

Yours,
John M. Robinson

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Who Said That?

"When the [Maryland-National Capital Park and Planning Commission] developed [Rock Creek Hills Park] in the early 1990s they accepted funds from the Program Open Space. This is a program managed by the Maryland Department of Natural Resources to distribute funds from the Federal Land and Water Conservation Fund to preserve open space. The use of Program Open Space funds was inconsistent with the reclamation terms of the transfer agreement under which the M-NCPPC took title to the property. This was the case since use of these funds places restrictions on future public use of parks, in contradiction with the terms of the original transfer agreement..."
– Dr. Joshua Starr, Superintendent, Montgomery County Public Schools.

From the MCPS Site Selection Advisory Committee Minority Reports:

The B-CC High School NAACP Parents' Council wrote that they "... cannot support the recommendation to build the new middle school in a potentially racially divisive and socially isolating location. ... We, therefore, ask the Superintendent and the Board of Education to decline to adopt Rock Creek Hills Local Park as the site for the new middle school."

The Lyttonsville Civic Association wrote that "...MCPS staff set inappropriate boundaries for discussion... ...MCPS staff cut off discussion to insist that a vote be taken before the committee had finished considering all their options. Staff ... made procedural rulings that affected the ability of some representatives to speak freely. Some representatives voiced concerns that they were being led to a predetermined conclusion."

Ms. Brooke Farquhar (Parks Department) wrote: "Costs were not thoroughly evaluated in the process and misinformation may have prejudiced the votes of committee members.... The process lacked a robust analysis. The potential sites should have been analyzed more thoroughly, based on detailed information that would allow consistent comparison across the sites."

Mr. Frederick V. Boyd (Planning Board) wrote: "[T]he rating process used for selecting sites did not provide a real opportunity to consider the community character and quality of life consequences of choosing a candidate site. ... [D]escriptions appear to have been written to enable easier consideration of some public sites..."