Not In My Backyard

It is scary what some people want to put in your neighborhood, or in this case the neighborhood we call Osceola County. A battle is now raging over the northernmost DRI (Development of Regional Impact) known as Toho Preserve. Proponents (the development community and the county commission) and opponents (the NIMBY, or Not In My Back Yard crowd) are debating the future development of this project that will forever change our community and the face of Lake Toho. Unfortunately the NIMBY's are losing the battle because as Kissimmee Mayor Jim Swan noted at one meeting, the public is clueless.

It is this clueless argument that seems to be at the center of this debate. Some blogs are doing articles on this issue right now and the County Commission on a weekly basis explains the perceived fact that a resident of this community is not considered a "professional with bona fide evidence" no matter how directly the the DRI would impact their quality of life. In an article posted on one blog today, they argue that the development cannot be stopped by the people because they are not experts or qualified in understanding state laws regarding land use. Their article goes on a few paragraphs later to reprimand citizens that skip or find creative ways out of jury duty, which they argue is a basic responsibility of all citizens. So we guess that this blogger, and the county commission, believe that the people are capable of serving on a jury of their peers to decide a case that could include death on behalf of a defendant with all the intricacies of our current legal system, but they are not competent in understanding that building 6,000 homes is going to screw up the quality of life for the existing residents in their community. Hmmm? While this may be a convenient shield that the commission can hide behind to help their developer friends, we are not sure this holds up to protecting the rights (property rights) of those who already live here. Maybe the public should form an organization called the MetroPublic Planning Agency so they could magically gain the credentials needed to be expert witnesses for what is best for their backyard. If nothing else we would encourage the group to not give up, do not compromise, and fight with everything in you to protect your property rights.

What is amazing about the system of government we enjoy in America is that the individual's property rights carry just as much importance as the largest developer. The expert testimony that any resident can give right now is how the proposed number of homes will lower that value of their own home. If the value of their homes is lowered by knowingly and recklessly increasing the inventory of available homes, then either the project should be stopped or compensation is owed to those who will be adversely affected. Also remember that the "Smart Growth" bill that the State of Florida passed is meant to protect the "Quality of Life" of residents and not the developers who have fed off of our community all of these years. There are many communities in Florida that have stopped growth in court by arguing the need to protect Quality of Life. Let the developers sue. Case law is on the side of the residents and not the developers. It is just too bad the commission is not on our side.

This brings us to our final point about the NIMBY argument. While we believe that those who are arguing to protect their property rights have every right to do so, we find it sad that many of those fighting this battle now have been absent for the over-development that has gone on until now. This is not the first time that team of government/developers has worked to subvert the will of the people, but where was the outrage then? Many of those now arguing to protect their property rights now have either been silent during other development squabbles or actively supporting the development community with no regards to the effects of the backyards of their fellow residents. Many of those now opposing this development supported the campaigns of the commissioners who will now determine the fate of their backyard now. It is no surprise that those on the bench now are pro-development because they have told us this at every election and at every commission meeting, and many of the NIMBY crowd have voted to put them back in office.

These statements are not meant to scold. They are meant to underscore the importance of your responsibility as a voter and as a citizen. Your participation in the Toho Preserve battle, no matter the decision, should not be the end of your involvement. If more of the public were involved with government then there would be less opportunity for the commissioners and the development community to slip-one-past the goalie. At least be involved enough to protect yourself, and your backyard.