Nanjemoy InfoWar Message Blog

A reported CASE !!  Outstanding !!

“For the reasons discussed below, we reverse the decision of the Board on narrow
grounds involving the Board’s site visit and need not resolve the other issues presented,
including appellees’ cross-appeal. ”

http://mdcourts.gov/opinions/cosa/2012/0312s10.pdf

The Missing key 3 protestants, from county provided incomplete transcript, (at citizens $1200 expense) … thus NOT in the record of the case:

http://www.youtube.com/watch?v=W9i-AYk80bI

AUDIO FILES of May 10 Oral Arguments:

http://www.youtube.com/watch?v=SaraKWn881c

AUDIO - Oral Arguments - Bowie-VS-CharlesCounty - WSG Matter

Break it down to Sound BITES - by sections !! - !!! (…to my nanjemoy nerds, thanks)

kurt opening

http://www.youtube.com/watch?v=b1inidJduYw

,,,,,,,,,,,,,,,,,,,,

mudd responds..

http://www.youtube.com/watch?v=97ZWFqndkGA

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mudd - training vs. research?

http://www.youtube.com/watch?v=eFQQvLwrUIc
,,,,,,,,,,,,,,,,,,,,

mudd reps WSG and COUNTY

http://www.youtube.com/watch?v=EJK0Bu-3U1w

,,,,,,,,,,,,,,,,,,,,
kurt rebuttal and close
http://www.youtube.com/watch?v=W_zho4pQIDg

Yesterday was the appeal hearing for Bowie et all Vs Charles County Commissioners - both sides made their oral arguments and presentation to a board of 3 Judges.  Now we wait, it could be weeks, and it could be months for them to render a decision on this matter.  If they remand to the County Board of Appeals, we will start this while process again, but this time, it should be a ZONING variance request to Commercial use as a Training Center,  and taking the use of the Airpark commercially into the mix - with Due Process and a proper hearing.   Stand by for news!

Goodluck Nanjemoy!

The County will STAND with WSG in court on the CROSS APPEAL to nullify Judge Nalleys remand, and give full approval to Special Exception Docket 1232 - Now case 00312 in the Court of Special Appeals.

To the Commissioners Credit, they did seek and outside opinion, that pretty much sided with County Legal Advise.

A citizen submitted some of the irregularities of this Case on another blog / reposting here:

1. No interference by any Commissioner allowed. No
community meetings allowed.
2. Fast track the lie through the county planning residential
zoning officer, because it’s use is listed as residential.
3. Defraud the federal government and hoodwink the county into
colluding with and approving the fraud, i.e. extortion. The county
continues to collude on the lie. They all know because they publicly
admit it is a training center.
4. Let the County Attorney’s office run this application because
they can intimidate citizens more effectively than any other county
governmental body.
5. Issue COMMERCIAL permits without officially changing the zoning.
The zoning doesn’t change just because WSG owns the lot.

Remember the big luncheon held at the Jaycees back in the summer 0f
2008 where big defense contractors met locals, and where Sean Miller
dined with Wayne Cooper?

Limit seating,  this case will NOT be streamed live on the web after all.    Expect a Decision by May 2012 !

http://www.courts.state.md.us/cosappeals/index.html

More than TWO years after Citizens were handed a loss on April14, 2009 in Docket 1232, Special Exception for Washington Security Group Holdings LLC for a “research facility” on Liverpool Point Road, the case is at the State Special Court of Appeals ready for oral arguments.   While the county commissioners seek an outside opinion - to see IF THEY CAN take action on their own behalf, we cannot count on that being favorable.    As many testified to, this Special Exception SHOULD HAVE NEVER MADE IT OUT OF PLANNING !  It is NOT in compliance with all elements of the Charles County Comprehensive Plan.  And when the County Circuit Court of Appeals sent this back for PROCEEDINGS, the county interpreted that to mean,  with NO PUBLIC NOTICE, on April 27 2010 - wrote a “justification” suplemental report SUPPORTING WSG.    (More of the same…)

Last week we all received a Letter, saying the Commissioners were powerless to take any action on the WSG Issue.  Several Citizens wrote back to the Commissioners asking for repreive.  A second opinion seems very reasonable, for a  first step.

Today, District One Commissioner, Ken Robinson, during the commissioners’ meeting - new business, made a motion to seek legal advice from outside counsel regarding whether the board of commissioners can intervene in the WSG case, and direct it back to the Board of Appeals.  Previously, the commissioners had sought the advice from the county attorneys’ office, however, because there are allegations regarding the handling of the case by the county attorneys’ office, Commissioner Robinson thought it wise to get a second opinion.  The motion was seconded by Commissioner Rucci and Commissioner Kelly voted in favor of the motion.  The motion was opposed by both District Two Commissioner Davis and District Three Commissioner Collins.

original link:

http://sdatcert3.resiusa.org/rp_rewrite/details.aspx?AccountNumber=03%20027392%20%20%20%20%20%20%20%20&County=09&SearchType=STREET

Feb 18 -

WSG Attys have filed a Motion to Strike  Bowie Et Alls  Reply, saying it was late.   When in fact, the WSG/County Response was NOT dated.

Read Mr. Mudds (and  the COUNTY’s obviously)  Claim

http://www.nanjemoy.net/1232/312/motiontostrike.pdf

And Mr. Wolfgangs response for Bowie et All Vs. Charles County.

http://www.nanjemoy.net/1232/312/oppositiontostrike.doc

Ever heard of this.. its pretty interesting!! –

AVIGATION EASEMENT

Oral Arguments to begin in the Appeal Case 312 in the Maryland State Special Circuit of Appeals.

To review the Appellates Brief (nanjemoy citizens) VS Charles County - Go Here…

http://www.nanjemoy.net/1232/appellatebrief-filednov152010.doc

To review WSG Holdings, County Briefs - and Cross Appeal - Go Here…

http://www.nanjemoy.net/1232/312

To Review selected CLIPS from Original Docket 1232 BOA case  - Feb 24 - Apr 14 2009 - Go HERE:

http://www.youtube.com/user/zenkenzen

Image Overlay of the WSG Proposed Airport,  Training .. Research Camp to Google Earth image.
Click on it to DOWNLOAD the KMZ file to open in G Earth.
On the left in Google Earth - Under Places,  You will see a SLIDE controller for transparency setting.

Washington Field Entrance - and Road Cam

WSG Welcomes you to Nanjemoy

Court ordered Mediation occured yesterday, its an.. “experiment” or prototype.. program, we were ORDERED to, I think it was helpful, though we quickly understood, without ALL Petitioners present, no decisions, or conditions could be offered, or accepted.

SO - Action items are, for Appealants, to gather, and assign one person to speak for all, and within 10 days to come up with ANY conditions that might make us DROP THE APPEAL of Judge Nalleys Order and Opinion.

And within 10 days after that,  Appealee (WSG) will return to our lawyer, what they would offer as a settlement. Its kind of confusing because I thought we were appealing CHARLES COUNTY, not so much WSG.

I cant comment on specifics of that Mediation, however, after tonights community meeting, it is clear to me, this case will most likely move forward.  There was NO interest in compromising. But these were the rabble rouser masses, NOT the petitioners.

Check Back in Early August to see if there is, or for a Court Date to start oral arguments in CASE 312. (Former Docket 1232 @ BOA)

The BOA has scheduled a meeting tonight. The purpose is for them to attempt to remedy the deficiency Judge Nalley found in his ruling.

Opposition filled an appeal to the State Special Circuit Court on April 27, 2010.  Case will move to Annapolis ! Stay tuned for more info!

Thank the core team for coming to the strategy and concepts meeting.

Will Provide the link to the working portal for appeal process notes and strategy soon.

WPPS3 tiger team will report within 2 weeks. (Bids due 4.15 - 30 days to award - est May 15)

Nanjemoy invites the applicant to do the honorable thing, withdraw without comment.

http://www.nanjemoy.net/1232/opinionandorder1.pdf
http://www.nanjemoy.net/1232/opinionandorder2.pdf

Judge Nalleys Opinion and Order Docs - PDF Files, rather large scans - Click below !
http://www.nanjemoy.net/1232/opinionandorder1.pdf
http://www.nanjemoy.net/1232/opinionandorder2.pdf

Well, it was certainly an enlightening experience.  Mr Wolfgang made the petitioners points with Mr ONiel in consultation,  Mr Buchannon and Mr Mudd made their counter points, Judge Nalley seemed to be very familiar with the case, after spending his weekend reviewing the volumous material that was in the record.

No Decision was made today, Judge Nalley indicated he would give this more thought and make a decision which will be released by the Clerk at a future date.

Overall, I think most protestants were satisfied, that they had their day in court, and have faith that issues are now being considered by a very well informed Judge Nalley.

Holding our breath, and crossing our fingers ‘n toes for at least a remand back to BOA now that the Citizens are well prepared.   A  14 day notice was simply not sufficient for Citizens to prepare and research.     The request to outright deny the applicant most likely wont fly, but there was ample evidence that this deserves to be re-heard following the BOA’s own rule set.

Bring on a NEW DOCKET number!

The End of the Line …

Click on Title for 1232 Documents

The Petitioners Brief:

The County Response:

The Applicants Response:

The Petitioners REPLY:

Bring it on - January 5th - N E W   HEARING DATE !

What Happened October 20, 2009 –  Courtroom C

Well, the first JUDGE, happened to know Milly Hammon  -  a respondent in the case, so had to recuse herself from hearing this appeal process.    So, we were all told to leave, and stand by for another judge.    Who did we get, Circuit Judge Robert Nalley- a no nonsense Judge, that was dynamic, and precise.   I certainly feel he will be a fair arbitrator and rule by the law.

Judge Nalley went on to approve 3 of the 4 motions by Mr. Mudd, from the applicant WSG Holdings LLC.

1.  Remove NPEC and Nanjemoy Vision Inc. from the case, since they were NON humans, and did not have a Lawyer - thus had NO STANDING.

2. Remove several citizens from the “laundry list” of pettitioners for having NO STANDING.

3. Approved of Mr Mudds expedite request to hear this appeal  sooner than later - Date awarded December 16, 2009.

4.  DENIED.  Mr Mudd had a motion filed Sept. 28 to dismiss the entire action, based on a time line issue - mentioned earlier, that Mr Wolfgang did not RCV proper notification of the (incomplete) record being transmitted from County BOA to County Circuity Court. It was determined Mr Wolfgang has until October 26 to file his Opposition Brief !   Small but significant WIN for the opposition.

Stay Tuned…..

Since the filing of the original Appeal from  opposition (petitioners)  to 1232,  the applicants Lawyer, Mr. Mudd has filed several motions, and thus - so has the Citizens Councel Mr. Wolfgang.   There will be a hearing on these “motions” on October 20 @ 930 AM at the Charles County Circuit Court.

The Follow On will be on the “MERITS” of the case.

NOTE: The Transcript and Record provided to the Circuit Court FROM the COUNTY is incomplete, and proper 45 day notification was not given.*

- Letters from Opposition were not included in the Record, and

-   Transcript Discrepancies included excluding the First 5 Speakers, From Time Code 1:50 to 2:11:50 on the Feb. 24 BOA Hearing DVD.

- 21 Minutes and 50 seconds MISSING -   including the first minute of the 6th Speaker, Linda Redding.  The Transcript company (For The Recrod Inc. http://www.ftrinc.net  800-921-5555)  says on Page 77, quote:

“… potty break and then we’ll start.

(Whereupon, a brief recess was taken.)

(Recording starts mid-sentence. It appears as

though the first five speakers in opposition were not

recorded.)”

“It Appears as though the first five speakers in opposition were not recorded.”  

SURE they were, We all have the DVDs from the hearings, and its pretty clear they were recorded. And here is a link to a crappy MP3 COPY of those 21 minutes and 50 seconds. (We will do a better copy before Oct. 20)

Geeeeeeeee, I cant imagine WHY this was LEFT out  !! –

Click HERE download the MP3 Yourself of what the COUNTY did not provide to the Transcript Company. -

July 8th, 2009 ~

It has been confirmed - Case Number C09-1912 .. in the case of Docket 1232, a Special Exception from WSG Holdings LLC (The associated corporation to Washington Security Group Inc.)
Appeal is filed and date stamped.

Click Here for - FINAL ORDER -   (Notice BOA “condition” that this must be RESEARCH ONLY, NO TRAINING)

Click Here for - PETITION for APPEAL

This facility certainly appears to be a TRAINING facility, and not allowed in an A/C RPZ, and is not in line with the 30 YEAR Nanjemoy Vision Plan - perhaps a judge can make a fair decision on this matter considering the record of evidence !

Remain Vigilant !

…………….

A Research Center - No Training, No Wargames…?

“Located approximately 30 miles from the Pentagon, Washington Field is a Federal Aviation Administration (FAA) approved “private” (non-public use) airport (FAA Airport ID: 70MD) located in Charles County, MD. The 80-acre facility includes a 2,000-foot runway and a variety of aviation support structures in an area close to our nation’s capital and within easy driving distance from a number of federal organizations chartered with preventing the use of WMD…”

…………..

Flashback to FEBRUARY 2009 - Below is this same page said - ( collaborated in GSA contract in evidence)

“WSG is pleased to announce that it has acquired a private airport (FAA LOC ID: 70MD) located less than 30 miles from the Pentagon. It is the only airport in the Greater Washington, DC, metropolitan area that is exclusively controlled and operated by a defense contracting corporation for the sole purpose of supporting government operations and national security. WSG submitted a request to the FAA and gained approval to change the name of the airport to “Washington Field.” The 80-acre facility features a 2,000-foot runway and a variety of aviation and counterproliferation support structures.”

Use the Way back machine !! Geeks at work !

http://web.archive.org/collections/web.html

…………..

From the GSA Contract Schedule
Contract GS-02F-0017V

Contract Period: 23 October 2008 – 22 October 2013    (a full 4 months BEFORE the special exception hearing)

Page 22

“DTC is augmented by complementary facilities located 35 miles from Washington, D.C.
which includes an outdoor private training facility known as Washington Field. WSG’s
Washington Field is an 80-acre facility operated exclusively by WSG and includes a
FAA-approved private airport with a 2,400-foot runway (FAA Identifier 70MD). This
location allows for a CBRNE forensics and biometrics training including
decontamination training, environmental sampling, intermediate, and advanced
biomedical sampling, and scenario based exercises including custom target mock-ups.
It also serves as a staging area for exercises for participants to prosecute targets
throughout Washington, DC; Maryland, Virginia, and West Virginia. Washington Field is
a Government-approved Class “R” Biomedical Research Facility.”

There already appears to be some activity @ the WSG Site. There has been some small arms fire reported from the Site also. Citizens are taking pictures, videos and audio recordings.

Small Bird - WSG Site flyover July 09

Nanjemoy: Housing Needs Assessment Meeting

Auctus Inc., the contractor selected to complete the housing needs assessment for Nanjemoy, will hold a public meeting at the Nanjemoy Community Center on Tuesday July 7, 2009 from 6-8 PM.

I have gotten word this group has been doing a great job, is tasked to share information with the community.
All citizens in support, opposed, or undecided… should attend this most important information session.

Here it is, the lazy days of summer brings yet another Special Hearing to allow for more waterfront development in Charles County.  The Zoning Board actually voted 7-0 Against this one, lets see what the Commissars have to say.

Zoning Text Amendment #08-98 - Waterfront Planned Residential Development

Notice is hereby given that the County Commissioners of Charles County will hold a Public Hearing on the proposed Zoning Text Amendment #08-98, Waterfront Planned Residential Development, on July 8, 2009, at 6:00 p.m. (MEETING POSTPONED for more “Research” from the Commissioners…) in the County Commissioner’s Meeting Room located in the Charles County Government Building, La Plata, Maryland.

The proposed amendment to the Zoning Ordinance is to add language to establish a new floating zone for residential waterfront development.

Related: Bill Number: 2009-06

Finally, docket 1232 order has been signed by the BOA on June 9th, Citizens have until July 9th to file for appeal. There are currently several groups intending to file for appeal.

DON’T TREAD ON ME !!!

well, i didnt want to believe all the old timers, and skeptics that said this was a DONE DEAL - and there was nothing citizens could do to STOP this Disaster Docket 1232 — but apparently - they were correct.. up to this point.

THE CC BOA on April 14, 2009 - in front of cameras… had a split decision, Mr Baker and Mr Mower voted AGAINST - on common sense grounds.. but Mr Yates, who didnt even KNOW the docket NUMBER…. Mr Cross, who used the patriot card.. and LUKE HANNAH - all thought NANJEMOY was a perfect Location for this Training Center. ** You sirs have trashed lives, demoralized a community, and not listened to the Citizens of Nanjemoy, OR THE EVIDENCE layed before you.

Great work Nanjemoy, if our campaign didnt beat this thing back - it was always decided !

The Nanjemoy Vision Plan and Citizens Defense Strategy is complete.

Call or Email 10 neighbors, and ask each of them to tell 10 neighbors, and so on…. Lets show the Media and the BOA.. That WE ARE HONORABLE….and hope for a wise decision tonight.

Here it is, after hours, and hours.. and hours of preperation, and review, the Motion for Appropriate Relief is Done !

http://nanjemoy.net/1232/MotionBOAWSG.pdf

There will be a community gathering, including dinner and conversation –  at the Nanjemoy Firehouse on tuesday, april 7th to discuss docket 1232 and the April 14th Final hearing - Please attend !!         more Details to follow.

http://nanjemoy.net/1232/ob.pdf

Soon to follow, the Motion For Appropriate Relief.. //

http://somdnews.com/stories/03132009/indymor110238_32182.shtml