Right is Right and Wrong is Wrong – Fire is Hot and Water is Wet – What is worth standing for? Are you willing to live with the outcomes if you do not stand ?
Village of Indiantown · Unincorporated Martin County
I Am Penny. You Are Penny. We Are Penny.
Be heard.
A resident filed the appeal the rules allow. The developer sued to stop it. This is the record and the call to stand with her.
This page sets out the public record of an appeal filed under the Village of Indiantown Land Development Regulations and the response that followed.
No inference of wrongdoing is made or implied. What follows is the ordinary work of a public compilation: set out what is on file, set out what happened, and ask legitimate questions in the face of those events.
Prepared for public sharing. Not a legal pleading. Not legal advice.
The Other Face of Corruption
When public power is used to avoid the review the rules require.
When most people hear the word corruption, they picture an envelope of cash changing hands in a parking lot. That is one face of it. There is another face that does not require a single dollar to change hands, and it is the face that appears in the ordinary work of local government.
Corruption is the use of public power for a private or improper end. The end does not have to be money. It can be speed. It can be reduced scrutiny. It can be the simple avoidance of a public hearing the rules require. When the adopted process is set aside so that a particular interest moves forward under a lighter classification than the code demands, public power has been used for a private end. That is corruption of the process.
Look at what happened in Indiantown.
A resident filed an appeal of a decision made by the then-Director of the Development Review Committee. The appeal asked the Planning, Zoning, and Appeals Board to examine whether a large industrial proposal had been moved through the system under the wrong classification. The Village’s own rules allow a citizen to make that request. The rules exist so that intensity which exceeds a stated threshold is reviewed at a higher level, in public, rather than by staff alone.
The developer’s attorney responded with a letter demanding that the appeal be withdrawn by a date certain or a lawsuit would follow. The letter closed with the words “Govern yourself accordingly.” When the appeal was not withdrawn, suit was filed and a court stayed the Board from hearing it. The normal procedural step the municipality uses to handle local appeals was halted by private action.
The Village later issued a written review. The review ruled against the appeal. It did so in a manner that did not engage the classification question the appeal had raised. A completeness letter in the underlying file had stated that the submittal was not an approval. Later documents treated the same file as decided. The public record of what was actually imposed, and when, remained incomplete. Control of the record is control of the process. When the record is unclear, the right to appeal becomes difficult to exercise.
These are not bribes. No one is alleged to have received cash. What is alleged is that public power was used to move a proposal that exceeds the Major threshold through a Minor path, that the aggregation rule was not applied, and that the hearing the code contemplates was avoided. The private gain is speed and reduced scrutiny. The public loss is the review the rules promised.
That is the other face of corruption. It does not require an envelope. It requires only that the rules written to protect the public interest be applied in a way that protects a private interest instead. The test is not whether someone got rich. The test is whether public power was used in a manner the rules do not allow, to produce a result the rules were written to prevent.
In Indiantown, that test is now before the courts and the public. The outcome will show whether the adopted process still binds everyone, or whether it binds only those who cannot afford to insist that it does.
I Am Penny. You Are Penny. We Are Penny.
Be heard.
Penny filed the appeal the Village’s own rules allow a citizen to file. She did so after losing her husband and her mother recently. She did so with her own resources. When she refused to withdraw, the developer sued her, her advocate, the Village, and the Village Council, and obtained a stay that stopped the Board from hearing the appeal.
The Village later issued a written review that ruled against the appeal without engaging the classification question. Penny still has the right to appeal that review. She intends to do so. She expects further legal action from the other side.
Every step so far has come from her own pocket. She is not a developer. She is not a corporation. She is a resident who is asking that the adopted process be applied as written.
The fund is only for the legal costs of continuing the appeal and defending the right to be heard. A clear record of expenditures will be kept.
I stand with Penny