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Developer Armed With Documents
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The Clarksburg Town Center Advisory Committee, the residents group that unearthed evidence that the community was not being built according to plans, told the Planning Board at a hearing last week that 383 plats -- legal documents that show lot lines and property boundaries -- were signed by Berlage before the official site plans were approved and therefore are invalid.
The case has raised several legal issues and led to squabbling among branches of the county government.
Because the board faces the prospect of reviewing the actions of its own staff, and perhaps itself and its chairman, attorneys for the developer and builders plan to argue that the process is tainted.
"It would seem to me very difficult for the Planning Board to be impartial to do that, particularly given the obvious political climate they are in," Delano said.
At least two companies that built homes in Clarksburg, NV Homes and Craftstar, have said they will ask the board today to compel Witthans to testify or to dismiss the case.
In a letter to the board this week, attorneys for the firms said Witthans's recollection of events is crucial because she "is the most knowledgeable, responsible . . . official." She knew what was approved, attorneys said, "before those facts were either ignored or tortured into the current claims of alleged violations." Attorneys Kevin P. Kennedy and Timothy Dugan said they will go to court if necessary to make the board compel Witthans to testify. Witthans did not return a call seeking comment.
Nancy C. Lineman, spokeswoman for the planning agency, said the agency does not believe that it has the power to subpoena witnesses. She also dismissed suggestions that the board's process is unfair.
"The board will hear all of the evidence that is presented by both parties in the case and make an independent ruling to the best of their collective judgments."
On Tuesday, Duncan announced that the fire department had found at least 15 violations, including streets that are too narrow.
Delano produced a 2001 letter yesterday to Witthans that showed fire officials had approved plans, although they expressed misgivings.
Fire and rescue spokesman Pete Piringer said yesterday that "the letter is irrelevant to us because we have determined there are fire code violations and we are determined to fix them."
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