{"id":4101,"date":"2014-01-23T08:30:35","date_gmt":"2014-01-23T15:30:35","guid":{"rendered":"http:\/\/elbertcounty.net\/blog\/?p=4101"},"modified":"2014-01-24T07:49:27","modified_gmt":"2014-01-24T14:49:27","slug":"mou-continued","status":"publish","type":"post","link":"https:\/\/elbertcounty.net\/blog\/2014\/01\/mou-continued\/","title":{"rendered":"MOU continued"},"content":{"rendered":"

My side of a continuing MOU discussion<\/em> – <\/p>\n

I don\u2019t think one can sufficiently torture the English language so as to disguise the fact that this MOU, written into this county zoning process, is a regulatory document that must exist, must be agreed to, is contemplated to contain certain elements, and will be integral to further regulatory enforcements in both county and state jurisdictions. <\/p>\n

The Elbert County MOU is framed as a voluntary agreement \u2013 a contract. \u00a0This interpretation is a precedent condition necessary to make the argument that the MOU is non-regulatory – and an MOU with terms in operational conflict with COGCC regulations must be non-regulatory, else the county will be non-compliant with COGCC rules on regulatory operational conflicts, and will get sued by the Colorado Attorney General.\u00a0 <\/p>\n

At the very least this MOU is a non-voluntary contract of adhesion within a mandatory regulatory framework enforced by a superior power.\u00a0 As currently conceived and extensively written into proposed ECZR, looking at the totality of the circumstances, I don’t see how this MOU + ECZR can survive judicial review as a contract. <\/p>\n

The Left is hung up on the MOU in Elbert County because they need a device to enforce more stringent operational requirements and end run operational conflicts with the COGCC.\u00a0 They\u2019re attempting a \u201ccake and eat it to\u201d construct. \u00a0It\u2019s inappropriate to stand by while they corrupt language and common sense in order to accommodate a partisan purpose.\u00a0 <\/p>\n

As currently conceived, this MOU is obviously a regulatory device.\u00a0 To make it non-regulatory, it needs to completely come out of the proposed zoning regulations.\u00a0 The Left is free to follow their objectives, however, they are not free to re-engineer our common language, or set up disingenuous zoning artifices. <\/p>\n

And to further the point, I see no problem with the county having a policy to seek MOU agreements and to use them to augment regulatory processes when they are voluntarily obtained.\u00a0 The key is that those regulatory procedures need to function equally well in the absence of an MOU agreement.\u00a0 Only then will you be able to say that the MOU is non regulatory. <\/p>\n

References to the MOU should come out of the Part II Section 27 proposed zoning regulations.\u00a0 If not, the BOCC should not approve those regs.<\/p>\n","protected":false},"excerpt":{"rendered":"

My side of a continuing MOU discussion – I don\u2019t think one can sufficiently torture the English language so as to disguise the fact that this MOU, written into this county zoning process, is a regulatory document that must exist, must be agreed to, is contemplated to contain certain elements, and will be integral to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[118,86],"tags":[],"class_list":{"0":"post-4101","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-oil-gas","7":"category-zoning","8":"entry"},"_links":{"self":[{"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/posts\/4101","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/comments?post=4101"}],"version-history":[{"count":4,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/posts\/4101\/revisions"}],"predecessor-version":[{"id":4110,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/posts\/4101\/revisions\/4110"}],"wp:attachment":[{"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/media?parent=4101"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/categories?post=4101"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/elbertcounty.net\/blog\/wp-json\/wp\/v2\/tags?post=4101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}