Code Enforcement again

I have been following the plight of Allan and Nancy Morris and their property on Newburg Road for some time now. I got involved in this story totally by accident on January 8, 2008. I was at a Board of Zoning meeting (BOZA) on behalf of Norman Pepper and his struggle against the City in regards to his "fish" at his business Pepper Bait and Tackle on Dixie Hwy.

Little did I know then what an eye opener it would be to see the incompetency and blatant harassment by this board particularly Judith Francis.

I was so angry over her display in regards to this issue that I volunteered to be a witness should the Morrises decide to sue this Board over the treatment. For more check out www.myviewmatters.org in the Ed's Rants section. I "ranted" about it on January 27.

Why do I bring this up now?

According to a CJ article today http://www.courier-journal.com/apps/pbcs.dll/article?AID=/200807300430/ZONE01/807300676 the Morrises are now being sued for a permanent injunction to stop allowing weddings at their residence. Some say what they are doing is illegal the Morrises contend they are following the rules as outlined by only allowing friends and family to use the carriage house in this regard.

Some of the feedback I have already received has been interesting to say the least. In short the question of legality is one that cannot be ignored and I readily agree with that. However, how many businesses are run out of a home? Yard sales are "businesses" should they not be shut down without a business license?

In fact, quite a few online businesses are run from home, though admittedly probably not with a lot of cars using their driveway but it is still illegal without a conditional use permit is it not?

To quote the definition of business from wikipedia:

"A business (also called firm or an enterprise) is a legally recognized organizational entity designed to provide goods and/or services to consumers or corporate entities such as governments, charities or other businesses. Businesses are predominant in capitalist economies, most being privately owned and formed to earn profit to increase the wealth of owners. The owners and operators of a business have as one of their main objectives the receipt or generation of a financial return in exchange for work and acceptance of risk."

If you are working from home and working towards profit you are considered a business. Generally speaking of course. I can think of a few illegal businesses being run out of the home of at least one Metro Council member and some neighbors.

Mrs. Morris has been doing this almost 14 years which predates merger and the City laws that are now in effect. This had never been an issue nor had their been any complaints until Metro Council President Jim King moved in next door. Mr. King bought the next door property in 2006, with the plan to build several houses on it, and now professes that he is acting on behalf of neighbor complaints.

The Morrises were given a way to legally remedy their situation in regards to allowing weddings on their property. The BOZA suggested they apply for a conditional use permit since they were accused of running an illegal business by renting a carriage house on their acreage that makes a nice place to have weddings. Mrs. Morris decided to delve into that with a passion because it is something she loves to do.

The obvious question for me is where were the complaints prior to Mr. King acquiring the property next door?

There are no records anyone has shown as evidence to date.

The Morrises have already won one case against the Department of Code enforcement when a restraining order was filed against them to stop a wedding on July 11. Circuit Court Judge Barry Willett ruled in their favor and allowed the Morrises to continue with the wedding.

The Morrises are not criminals, in fact, they are a loving older couple with good intentions based on my first hand knowledge of them. After being told what to do to be in compliance the Morrises have spent countless money on legal advice and representation to ensure they comply.

In fact the second loss to the City is when the Planning Commission's Development Review Committee granted them a waiver last month to allow them to proceed with their application to subdivide the property in two thus making separate addresses for the carriage house and the main house.

Reference the CJ.

And yet who comes to the rescue of the neighborhood? None other than Jim King again who is appealing the ruling by the Planning Commission.

There may be other neighbors who are complaining or put up to it who knows.

One thing is certain with no known records prior to 2006 of any complaints against the Morrises in this regard, which coincides with Jim King buying the adjacent property, and Jim King leading the appeal one has to wonder.

Is this a question of ethical behavior?

If there are indeed neighbors complaining it would make sense to have them appeal NOT Metro Council President Jim King.

Your thoughts?