After tonight's Board of Education meeting I went to Fisher's and ran into one of the folks who was heavily involved in the anti-new-stadium fight last fall.  She was up on what occured today at the Court of Appeals in Raleigh and quite excited about the hearing.  As I noted a couple of weeks ago, at issue is whether or not "baseball clubs - professional" are a permitted use in Greensboro's central business district - which is the zoning designation for the new stadium.

While the recent referendum cleared the way for the minor league stadium to be built, this lawsuit will decide if a professional team, namely the Greensboro Bats, can actually play there - sounds strange - but its true.

There is a real long story behind why "baseball clubs - professional" are listed as a permitted use only in the zoning that governs War Memorial Stadium.  I will not go into the saga but it has to do with serving cold beer after a certain time of night.  Apparently the three judges hearing the case didn't want to hear the long story either.

According to what I heard tonight the judges were not interested in why the permitted use tables say what they say, they were only interested in what they actually say - which is that "baseballl clubs - professional" are only permitted to operate at War Memorial.

The City's justification for the weird zoning restiction makes some sense if you know why "baseball clubs - professional" are only permitted at WMS.  The judges apparently weren't interested in a history lesson, however.

There was reportedly much argument over the legal "standing" of the appellants, which could render the whole appeal moot.

If the Court of Appeals rules against the City the options will be to either change the accepted use table so the Bats can operate in their new digs or have the team continue to play at WMS.  However, changing the zoning may be verboten at this point because such an action on part of the City Council could be considered "contract zoning".* (Link credit Fabius)

I'll bet there are several people sweating baseballs over the outcome of today's court hearing... I'll keep you posted.

*Edited for clarity and accuracy 5/29/04

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Most of the services and products any neighborhood needs can be found in our local shopping district centered around the intersection of Bessemer and Summit Avenues.  Among the many businesses in the area are shoe stores, Radio Shack, a record store, several restaurants (including my favorite - Mayberry's), several car dealers, a great family market (Bessemer Curb) and traditional grocery store named Conley's (that is not doing well, more on this later).

Anyone who frequents the area knows they can get most everything they want within a block in either direction of the intersection.  They also know they can get something they often-times don't want - solicitation by panhandlers.  Over the past couple of years the area has become a beggar magnet and it has hurt business for merchants.

In response to this problem and to promote the area the merchants around here recently formed the Bessemer/Summit Merchants Association.  Spearheaded by Burgess Management Group who leases Summit Shopping Center, the association has not only become active in their immediate area, but also have aligned themselves loosly with the Aycock Neighborhood Association whose residents are some of their best customers.

To combat the vagrancy and panhandling that drives cutomers away, the merchant's group has partnered with the Greensboro Police Department and other governmental agencies to apply a full-court press to the problem through the development of an operation named Bessemer and Summit Enhancement (B.A.S.E.).

In a press release yesterday, the police announced that for a three month period, starting June 1st, this inter-departmental B.A.S.E. effort will, "use education, police visibility, and enforcement to stabilize commercial / business properties and shopping centers from the 700 to 1200 block of Summit Avenue, as well as the 700 to 1200 block of East Bessemer Avenue."

 To my knowledge, this operation will be the first concerted effort that will utitlize Greensboro's relatively new, and controversial, peddler licensure ordinance.  Tax revenue officers will be utitlized in conjunction with police officers:

"During the three month period, police community resource team officers, along with tax revenue officers, will educate the public, business owners / managers, and potential violators on local ordinances pertaining to panhandling, solicitation, and privilege license.   To catch violators of the ordinances, foot and bike patrols, as well as undercover officers will be used.  Tax revenue officers will be on-site to examine panhandlers’ documents for proper licenses."

This is a welcome and much needed operation.

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Around 4:00 yesterday, stay-at-home moms were on their respective porches and I was under my '71 Ford pick'm'up truck trying to coax the transmission out of it's favorite 2nd gear.  Daughter Josie was walking home from Aycock Middle and saw me crawling out from under the blue bomb.

"I won", she screamed and started jogging up the sidewalk, "I won the election.  I'm 1st Vice President."  She was clearly pleased with herself, flush with the rush of knowing she was just confirmed - by a vote of her peers and teachers - as one of the most trusted and popular kids in her school.  She had worked hard to win the election.

"Congratulations", I yelled back, "I'm very proud of you."

From an across the street porch-sitting neighbor came, "That's wonderful Josie, it runs in the family... like father like daughter", referencing my community activism and recent run for City Council.

"Congratulations girl..." , as another voice offered additional accolades from another front porch, "...but not just like your father ... you actually won."

Our friends can be such wonderful smart-asses.

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