Monday, June 05, 2017

MoCo, Regency Centers file motions to dismiss in Westbard lawsuit, plaintiffs appeal Westbard sketch plan

Montgomery County and developer Regency Centers have filed motions to dismiss parts of the lawsuit residents filed against the County over illegalities in the approval of the Westbard sector plan. In response, plaintiffs' attorney Michele Rosenfeld filed a motion for summary judgement on counts one and two, related to the County's failure to conduct the required environmental analysis, and the County Council's failure to hold a public hearing seated as the District Council.

A hearing had been scheduled for July 6, but is almost certain to be postponed. Attorneys for the County and Regency Centers have said they are unavailable on that date.

Further study through the discovery process has indicated a strong possibility that Regency will attempt to consolidate the required affordable housing units, which it promised in exchange for additional building height, on the Westwood Tower property. While some on the County Council insisted this could not happen, in reality, the Council never approved binding language to prevent it.

Moreover, the way the County's affordable housing rules are written, a major loophole allows the Planning Director and HOC to make an arbitrary decision on where MPDUs end up in a particular development - long after the public input process is over.

Meanwhile, Rosenfeld has filed a formal appeal of the Regency Centers sketch plan, which was approved by the Planning Board with the Westwood Tower/HOC property excluded, despite the potential impact of that site on all of the other elements in the plan.

Stay tuned for another Westbard special investigative report.

61 comments:

  1. Anonymous11:30 AM

    Who cares if MPDUs are consolidated?

    ReplyDelete
    Replies
    1. 11:30: A) It denies low income applicants access to the variety of housing types in the development

      B) Clustering low income units together is not among the current best practices in affordable housing.

      Delete
  2. Anonymous11:41 AM

    Trust-fund baby living rent-free wants to prevent middle-class working people from living in his neighborhood.

    ReplyDelete
    Replies
    1. 1141: Hello Dan Reed. How are you covering your housing costs?

      Delete
    2. Anonymous1:19 PM

      Hello Robert Dyer. How are you covering your housing costs?

      Delete
  3. Skippy1:39 PM

    Will Mr. Reed be forthcoming on his sources of income?

    ReplyDelete
  4. Anonymous2:54 PM

    "B) Clustering low income units together is not among the current best practices in affordable housing."

    Translation: "Whereas we already got our fair share of Colored People here in Westbard..."

    Also, do you understand what the "M" in "MPDU" represents?

    ReplyDelete
  5. Anonymous2:56 PM

    1)Dyer is correct in his 12:37 post. Best practice is to make new units available to affordable renters and spread affordable units throughout project. (On the other hand, easier for developers to consolidate affordable units in one building.)
    2)Would be nice to have links to the new filings, if/when they should become available.
    3)Typical for defendants (and plaintiffs on procedural counts) to file for summary judgment.

    ReplyDelete
  6. Maloney Concrete3:13 PM

    How'd The Lauren get away with putting all their affordable units underground with a separate back door entrance?

    ReplyDelete
  7. Anonymous3:26 PM

    "Maloney Concrete" = "Skippy" = "Roald" = "I remember Gifford's" = "Friends of Woodmont Triangle" = "Rugby" = "Elm" = #UnsignedDyer

    ReplyDelete
  8. Roald3:34 PM

    These lawsuits are such a waste of taxpayer dollars, supporting frivolous lawsuits doesn't sound very fiscally conservative now does it?

    ReplyDelete
  9. 2:54: There's Dan Reed commenting, but he didn't answer your question, 1:39! He also apparently doesn't know the MPDU rules, which is that HOC gets first crack at a percentage of them, which can be used as low-income/Section 8 housing units at their discretion.

    3:13: While it's lamentable that they segregated their affordable units from the main building, that's different than putting them in another building altogether.

    3:26: Wrong again, dumbass. I never post anonymously. Unlike you, who isn't man enough to sign his real name on his comments.

    3:34: Illegal acts by government aren't "frivolous."

    ReplyDelete
  10. Anonymous6:20 AM

    5:28AM Why should anyone give you their source of income? It's none of your business. Why do you think it is?

    Why would a man in his late 40's, who still lives at home, question how others pay their bills without divulging how he pays his?

    It seems you can only feel large by diminishing others. That is just plain sad.

    ReplyDelete
  11. Anonymous6:32 AM

    6:20AM
    How is Reed living with no income? Writing an occasional freelance piece doesn't pay the bills.

    Secondly, every Reed article or post needs an obligatory negative anonymous comment reminding readers how badly he lost in his campaign for the Planning Board. Obviously, losing an election means you need to go away, right?

    ReplyDelete
  12. 6:20: You're the one talking about my income, which you have no knowledge of whatsoever. "It's none of your business. Why do you think it is?" You don't know anything about my income, employment, housing, anything. Just babbling on and on, you subhuman hobo.

    ReplyDelete
  13. Anonymous7:10 AM

    "You...isn't man enough"

    Second time in a week. Learn some basic grammar, Birdbrain.

    ReplyDelete
  14. Anna Van Horn7:25 AM

    OMG, did you even read my comment?

    Why is anyone's income your business? It isn't.
    Why do you care so much how that man lives?

    I've mentioned your income ^^^ when I wondered why someone should divulge their income when you won't divulge yours. I never said I knew anything about you, only what you've said here. Just your paranoia talking.

    So, you never answered.
    Why is it your business how this Dan Reed person lives?


    A duck's quack does not echo and nobody knows why.

    ReplyDelete
  15. Anonymous7:29 AM

    7:25 AM: Please stay in your lane!

    Why aren't you criticizing the anonymous negative former blogger troll that is obsessed with personal details about Robert Dyer?

    ReplyDelete
  16. Anna Van Horn7:45 AM

    Four minutes! Someone's anxious!

    You didn't answer, Robert.
    Why is it your business how this Dan Reed person lives?


    ReplyDelete
  17. Anonymous7:46 AM

    Dyer should read Dan Reed's concession statement after he lost his bid to join the MCPC. He took the high road rather than babbling incoherently about conspiracies against him.

    ReplyDelete
  18. Anonymous7:50 AM

    7:45 AM You proved you're a troll. Have good day, sir.

    ReplyDelete
  19. 7:50: He also forgot to use the Van Horn alias in his earlier comment.

    7:46: There are no conspiracies against Dan Reed. He's being promoted by every arm of the Montgomery County cartel.

    7:25: At 6:20, you not only forgot to use your alias, but you also insulted me by claiming I'm older than I am, claimed to know my housing situation with no knowledge of my housing situation. At least wait until you know the facts before attacking someone.

    ReplyDelete
  20. Anonymous8:04 AM

    The reasons why readers have asked about Robert Dyer's source of income:

    1) To date, Robert Dyer has not shown any work experience relevant to his desire to be elected to County Council.

    2) Given Robert Dyer's apparent lack of income from personal employment, readers are concerned that any other sources of income could create conflicts of interest.

    It's not about Robert Dyer's personal life. Readers don't care about his sex life or how much junk food he eats every day. Just his qualifications for the Council.

    ReplyDelete
  21. Anna Van Horn8:04 AM

    7:50AM honey, it's Ma'am. You're getting this worked up over my question? That's puzzling. And a bit worry-some. You are taking care of your health, right?

    As I've said before:
    Attack me. Insult me. I'm just asking a question. I ask, you insult or accuse.

    Lots of distraction, but still no answer.
    Why is it your business how this Dan Reed person lives?



    ReplyDelete
  22. Anonymous8:08 AM

    Dan Reed's resume is public.

    Robert Dyer's "resume" is just a couple of furtive references to "recording artist" and "administrative assistant".

    ReplyDelete
  23. Anonymous8:19 AM

    8:04 AM Dyer is well established as a community activist and is a local news publisher.
    Seems like a good resume for local service to me.

    8:08AM Dyer has an "about me" page right on this site. You're welcome!

    ReplyDelete
  24. Anna Van Horn8:21 AM

    My, aren't you touchy. And my comment at 6:20 was sooooo horrible! Not.

    Truth:
    You are over 45, therefore it's late 40's. You can flip out and say it isn't, but under 45=early 40's and over 45=late 40's. There's no "rule" on how to classify.

    Truth:
    You say you "are and have been" a Westbard resident your whole life. Others say you live at the house you grew up in and you've never corrected them. Hey, that's not an insult. I live in the house i grew up in too. After my folks passed, I decided I liked their house (and location) better than my own, so I sold mine.

    Truth:
    That's my name. It's not up for debate.

    More and more distraction, but still no answer.
    Why is it your business how this Dan Reed person lives?

    ReplyDelete
  25. Anonymous8:25 AM

    8:21 AM is clearly obsessed with Dyer and his business (even though the info is inaccurate) and then turns to Dyer and says Dyer is talking about other people's business. lol. Get a grip and some perspective and self awareness.

    That's not your name, you've been posting under various aliases here. Have good day, sir.

    ReplyDelete
  26. Anna Van Horn8:31 AM

    8:25AM, would you like to meet for coffee? I've got time tomorrow. Anytime after 4:30AM.

    You can't scare me because I tell the truth. I am Anna Van Horn.

    Dyer, Why is my question causing such paranoid and anger?

    ReplyDelete
    Replies
    1. Anonymous8:46 AM

      Dyer is a life long Bethesda resident. What is the big deal?
      He's well established and trying to serve the community.

      Delete
  27. Anna Van Horn8:39 AM

    8:25AM - you are right about other names. Very early on, maybe years ago, I actually posted under the name Rugby. (someone has taken it over more recently and is not me) Since then I've been Anonymous, Troll #22, All Us Anymice, and possibly Whole Grain Goodness. And, of course, Anna Van Horn.

    What about you? What names have you posted under?

    ReplyDelete
  28. 8:04: People in neighborhoods all over the county would vehemently disagree with you. I've gotten more done off the council than the councilmembers who get paid $137,000 a year have done on it. Unshoveled sidewalks, gaping holes in public parking garage walls, illegal parking in electric car spaces, ADA violations in county buildings and schools, illegal sidewalk closures, lights out and U.S. flag code violations in Veterans Park, TV tower FCC and FAA violations & much more - all ignored by the County Council.

    All fixed through action by me.

    Amazing you have questions about money, but have no problem with Hans Riemer getting tens of thousands of dollars from Wall Street banks, Bain Capital and Danaher - two pioneers in outsourcing, and their K street lobbyists to run for Podunk Junction County Council. Therefore, you have no credibility. Bye bye.

    8:08: According to Mr. Reed himself he is currently unemployed, and with sketchy employment prior to the position he just left. Laughable that you would use him to critique my resume. Almost as laughable as the Washington Post refusing to investigate major questions about Hans Riemer's inflated resume. Was he really Obama's youth vote director when he won in 2008, or had he been terminated early in the year, when Obama was still struggling to beat Hillary.

    8:21: I am not over 45, and certainly not in my late 40s. You don't know my housing situation. They don't know my housing situation. Lots of speculation by our resident troll with no knowledge of the facts.

    To all of the personalities of our schizophrenic resident troll, I warn you: "If you don't stop lying about me, I'm going to start telling the truth about you (and your buddies in the MoCo cartel)."

    There's so much to talk about!

    ReplyDelete
  29. Anna Van Horn9:09 AM

    Fine, I can admit to being wrong. So, you don't live in the house you grew up in? If you tell me you don't, then I'll apologize for being wrong.

    On one's 45th birthday, they have entered their 46th year on earth.
    What's the big deal on your age? You're in your late 40's. It is what it is.

    I guess you think it's more appropriate to keep lying that I'm your hobo friend so you & your aliases can bully me than it is to answer a simple question. Sigh. That's sad.

    ReplyDelete
  30. Anonymous9:16 AM

    9:09 AM get a grip. why do you care how old Dyer is, where he lives, etc.?
    It's the same not normal obsessions the former Bethesda blogger negative troll has.

    Dyer is a life long Bethesda resident and has an "about me" that has more details that any other local journalist or blogger has. You know more about Dyer than any other local journo.

    ReplyDelete
  31. 9:09: You're the Kathy Griffin of Montgomery County, bullying and then declaring your victim is the bully.

    I'm not in my late 40s, just one of many lies being posted. Maybe put some of this incredible manic energy into investigating the criminals in and around the County government, and do something positive for a change, instead of trying to drag down a concerned resident who donates thousands of man hours a year to the community and gets nothing for it.

    ReplyDelete
  32. Anonymous9:50 AM

    "About:

    Publisher/CEO Suburban News Network, professional recording artist, Montgomery County community activist, YouTube video creator.

    Gender:
    Male"

    LOL

    ReplyDelete
  33. Anonymous10:07 AM

    9:50 AM That's not Dyer's full About page. Try again!

    ReplyDelete
  34. Anonymous10:39 AM

    @ 10:07 AM - 9:50 AM here. I copied everything I saw, and pasted it here. What did I miss? Kindly post it here.

    ReplyDelete
  35. Anna Van Horn10:41 AM

    Robert, all this distraction! Over me asking a question. Which you never answered.

    Why is it your business how this Dan Reed person lives?

    ReplyDelete
  36. Anonymous10:46 AM

    10:39 AM There's a wonderful "About Us" link on the front page of this site. You're welcome!

    10:41 AM Do you know the ages, addresses, owner/renter status, dietary requirements, etc. of our local Post & Patch reporters?
    We know a lot about Dyer, nothing about other local reporters/bloggers/unpaid interns :)

    ReplyDelete
  37. Anna Van Horn10:56 AM

    10:46AM you're getting all confuzzled in your own spin and exaggeration.

    It started with one question @6:20. 5:28AM Why should anyone give you their source of income? It's none of your business. Why do you think it is?

    Everything else has been ME defending MYSELF from your accusations and incorrect assumptions. Go back. Read.

    And you never answered the question.

    ReplyDelete
  38. Anonymous11:11 AM

    Oh, I see the problem. On the "web version" of the site, "About Us" is clearly visible at the top right. However in the mobile version, it's hidden under a tiny arrow that is very easy to miss. Robert needs to fix that. Among with several other inconsistencies between the web and mobile versions of his site - most glaringly, the difference in comment order.

    ReplyDelete
  39. Anna Van Horn11:47 AM

    Thanks, deleted commenter. I figured that's what it was, considering the reaction.
    I notice he's deleting anyone who agrees with me. How silly. It's just semantics.

    11:11AM I wish the web version had threaded comments too. Really glaring when you're switching between the two.

    ReplyDelete
  40. Anonymous11:59 AM

    What's funny is that several of the features that were roundly criticized on the Google News help forums - dozens of photos showing for each article on the home page, tags for each article showing on the home page, detailed archive index on the homepage - are absent in the mobile version but still present in the web version.

    ReplyDelete
  41. 12:03 PM You're putting a lot of energy into thinking about Robert Dyer.
    You need some perspective!

    ReplyDelete
  42. Anonymous12:35 PM

    Everyone needs a hobby that relaxes them.

    ReplyDelete
  43. Anonymous2:51 PM

    This comment has been removed by a blog administrator.

    ReplyDelete
  44. Anonymous3:34 PM

    "... and do something positive for a change, instead of trying to drag down a concerned resident who donates thousands of man hours a year to the community and gets nothing for it."

    So much for the Dyer myth that this blog is highly profitable.

    ReplyDelete
    Replies
    1. Anonymous4:35 PM

      How's the jazz club doing?

      Delete
    2. 3:34: I was referring to my thousands of hours volunteering my time as a community activist, nothing to do with business.

      4:35: Yeah, if the small and slightly-failing magazine is so profitable, why couldn't they cover the $60000 in unpaid taxes their club venture owes Montgomery County? Should be chump change for a billionaire!

      Delete
    3. Anonymous8:12 PM

      Saith Dyer @ 7:38 PM:

      "I was referring to my thousands of hours volunteering my time as a community activist, nothing to do with business."

      He just admitted that he wrote that comment which he posted anonymously - and he DELETED IT!

      Delete
  45. Rugby5:57 PM

    8:39am :
    "Very early on, maybe years ago, I actually posted under the name Rugby."

    Caught you in another lie.

    Should I be flattered that you're claiming to be me?

    ReplyDelete
  46. Anonymous6:45 PM

    Should be "Man-Baby hours".

    ReplyDelete
  47. Skippy7:00 PM

    6:45 pm when you said "man-baby", I immediately thought of BethesdaNOW for some reason.

    ReplyDelete
  48. Anna Van Horn3:02 AM

    5:57 Really, I did!. I used to work on Rubgy (4833 - east corner office-4th floor). Parked in that gravel lot that's now becoming the police station. Actually all those gravel lots in the triangle destroyed so many of my shoes.
    I used "Rugby" often on this site, but not always. Usually supporting Dyer against someone using another Bethesda street as their name. Way back in the day I used RugbyGal as an AOL screenname. LOL
    You want to vilify me, but I started out on here defending dyer.

    ReplyDelete
  49. Posting false accusations and libelous statements will result in deletion of those comments. Please use common sense.

    ReplyDelete
  50. Anonymous6:03 AM

    "Posting false accusations and libelous statements will result in deletion of those comments."

    Using that standard, Dyer would need to delete over half of his own comments.

    ReplyDelete
  51. Anna Van Horn6:43 AM

    http://robertdyer.blogspot.com/2016/09/wmata-fiasco-another-hit-to-bethesdas.html

    That's me as Rugby @8:04
    Do you need some ketchup with that crow New Rugby?

    ReplyDelete
  52. Anna Van Horn3:25 AM

    Words have consequences, Mr Dyer.

    ReplyDelete
  53. Anna Van Horn10:17 AM

    The sad thing is I'm just a normal gal, posting my thoughts, opening my life to strangers here, basically being real.

    And it scares you all so much you've vilified me, made wild untrue accusations against me, threatened me, ridiculed me, and said some pretty nasty ugly things.
    Any time I've defended myself, it's caused more of the same. Shameful.

    Anna

    ReplyDelete
  54. Anna Van Horn7:52 AM

    Rugby said...
    8:39am :
    "Very early on, maybe years ago, I actually posted under the name Rugby."
    Caught you in another lie.
    Should I be flattered that you're claiming to be me?
    5:57 PM
    -----------------

    Well, sweetie, it wasn't a lie after all. What, no apology?

    But I'm more interested in why you think it's ANOTHER lie?
    I don't recall you ever accusing me before.
    Your turn......

    ReplyDelete