After Monday’s session at the Williamson County Courthouse in front of the Honorable Judge Martin, one thing was for sure: nothing was for sure in the battle between Save Old Hillsboro and Save Old Franklin v. Williamson County and Hillsboro Cove.
In a culmination of many months of controversy over the 34 acres on Old Hillsboro Road, Judge Martin was able to direct the hearing to 3 key points:
- The motions by the county and the developer to dismiss the case.
- The motions by the county and the developer challenging the “no standing” charges (i.e. do the petitioners, even have the right to bring the complaint before the court)
- The issue of whether or not the Comprehensive Land Use Plan trumps the Williamson County Planning Commission’s approval of zoning changes which seemingly allow the high density development being challenged by the citizen’s group.
Judge Martin seemed particularly interested in whether or not the Williamson County Commission ever held public hearings on, and whether the Commission ever approved, the Comprehensive Land Use Plan as the “official blueprint” for development throughout the county. Judge Martin will now review Williamson County Commission records to establish or refute this fact.
It was hard to discern which direction Judge Martin was leaning as his questions were direct and unbiased in front of the crowd of 40 something citizens dressed in red in the gallery to show support for Save Rural Franklin.
There were a few things established :
- Had this petition been brought within 60 days of the PRELIMINARY Plat approval in September of 2013, it would have had more merit according to the County. Apparently the FINAL Plat is nothing more than “administerial”
- No one seemed to have a clear answer as to whether there was a Public Hearing to “approve” the Comprehensive Land Use Plan. “Endorsement” by the County was found several times, but not “approval”.
- This was never about stopping growth for SRF and SOH. Per a statement from their Facebook site after the proceedings: “Everyone involved in SRF & SOH understands growth is a component of our collective future. The petition filed is not meant to halt growth but to ensure future generations have access to rich history and landscape we’ve all grown accustomed to and appreciate by enforcing the Land Use Plan.”
So in a nutshell here is what we have: SOH and SRF don’t want to stop growth, they want the Zone-5 ordinance endorsed, which they feel is legal (one house per 5 acres). The County and builders and developers want the RD-1 ruling which allows one house per acre lot. And Judge Martin wants time to review the mounds of paperwork in front of him before he gives a written ruling.
