"Oh what a tangled web we weave, When first we practice to deceive"

Written by Sir Walter Scott in the 1880s,  which means when you act dishonesty, you create problems and
complications which you cannot control.
Because of  County attorney, Donnie Laws belated actions,
the filing of the "Petition for Writ of Certiorari." from Reed's attorney Craig Justice has been slow in coming.  
But like an aged wine, it is worth the wait...
There have been many individuals- groups and county officials that caused this action. Just like the days of
yore when the iron fist of Zeno Ponder ruled, these
conceited village idiots think they have a right to change
Federal  & State Law to keep legitimate business out of Madison County.
Zeno has been dead for a long time, and his old ways are dead.
Madison County has a reckoning coming.  
The money that will be paid out in legal fees and sanctions is on the below entities. Remember them as they
have caused this circus to come uninvited to your county.
There is no money out of their pockets...YET.

Taxpayers in this county will ultimately be the victim.
CLICK HERE TO READ what happened in Buncombe County.
A six-figure judgment was handed to Buncombe county due to their overreach and arrogance.

Most of the below individuals are newbies to our area with funny last names,
but some are what I call the Madison Minnows, they are as follows:
Emily Sontag - Hillary and Luke Olezak- Elizabeth Gullum-Connie & Rick Molland-Lou Zeller-Elaine
Robbins- Carl Batchelder-Mitch Hampton- Ellen Pearson- Douglas Bruggeman-Sustainable Madison- Blue
Ridge Environmental Defense League-Pat Franklin-Charles Tolley- Darlyne Rhinehart-Karen Kiehna-
Ernest Ramsey -Mike Tuziw-Robert Briggs-Jack Wallin-Aileen Payne-Christian Ramsey-Billie Jean
Haynie-Laura Ponder-Smith- Craig Goforth- Mark Snelson and last but not least Paul Eggers Moon editor of
the News-Record and Sentinel.

When the citizens of Madison County have a financial need that can not be addressed in the next few years
like bleachers at the ball field etc.. Remember this day and the perpetrators above. - CH

Below are some of my favorite excerpts from this well written "Writ."
This filing is the Reed family's first chance to be heard legitimately and fairly. The Reed
's whose family ties
go back at least 250 years, deserved respect and Due-Process. They received neither, and it is shameful
that our county officials sat back and allowed this to happen.
Craig Justice leveled a decisive, humiliating perusal of BOA- Sustainable Madison and BREDL.

For all you... Emily Sontag environmental sheep that means this was a Smack-Down.

#32. After closing the public hearing, the BOA, by a 5-0 vote, decided to deny MA's CUP. Several members
deliberated regarding the basis for their decision as follows:


(a) They expressed their love and admiration for the Opposition.
(b) They don't believe that governmental levels for acceptable emissions are safe enough.
(c) Although the Asphalt Plant meets state requirements
for air quality, that is not good enough for the Madison County community.
(d) An asphalt plant may be needed but not in my backyard.
(e) Public welfare is undefined.
(f) They expressed concern for not having data regarding growth rates within an area comprising
a zip code
that doesn't have an asphalt plant.
(g) The applicant's burden is to produce overwhelming and compelling evidence negating
possible injury.


44. The BOA committed an error of law, and exceeded its authority, by applying the County Zoning
Ordinance to create standards for air quality different than" and more restrictive than standards established
by the North Carolina Department of Environmental Quality.("DEQ") as delegated to said agency by the
North Carolina General Assembly in Chapter 143, Article 21 of the North Carolina
General Statutes.
45. GS §143-211 declares the policy of the State of North Carolina that "to achieve and to maintain for the
citizens of the State a total environment of superior quality control over air quality is to be provided for in
Article 21B of Chapter 143 as delegated to DEQ in the permitting requirements of GS §143-215.108.
GS 143211(a) further provides preemptive intent, to wit:

Recognizing that the water and air resources of the State belong to the people, the General Assembly
affirms the State's ultimate responsibility for the preservation and development of these resources in the
best interest of all its citizens and declares the prudent utilization of these resources to be essential to the
general welfare.
46. In GS 143-211(c),
the General Assembly has authorized DEQ as the sole authority to administer
a complete program of water and air conservation, pollution abatement, and control and to achieve a
coordinated effort of pollution abatement and control with other jurisdictions. Standards of water and air
purity shall be designed to protect human health, to prevent injury to plant and life, to prevent damage to
public and private properly, to ensure the continued enjoyment of the natural attractions of the State, to
encourage the expansion of employment opportunities, to provide a permanent foundation for healthy
industrial development and to secure for the
people of North Carolina, now and in the hiture, the beneficial uses of these great natural resources.
47. GS 143-215.112(b)
states that "no municipality, county.. may establish and administer an air
pollution control program unless such program meets the requirements of this section and is so
certified by the [North Carolina Environmental] Commission.
" Madison County has no such air pollution control program nor certified from the State as
contemplated by this statute.
52. Although the BOA singular conclusion was that MA had not met its burden in this case without regard
to Opposition Testimony,
the Opposition Testimony, as a matter of law, constituted speculative
assertions and mere opinion evidence by laymen that would not be competent evidence based
on case law and the application of GS §160A-393(k)(3)
. The expression of generalized fears does
not constitute a competent basis for denial of a permit. None of the Opposition presented any
mathematical studies or factual basis for their opinions regarding how the Project would impact
the so-called "public welfare or the surrounding neighborhood.
Unlike the evidence presented by experts for MA, there was no expert opinion presented by the
Opposition to quantitatively link any observations or opinions to the B0A's  denial of the CUP,
nor in such a way as to be in compliance
with the "neighborhood proximity language in the General
CUP Standards.
53. Specifically,
Petitioner presented competent, material and substantial evidence that the Project
would not be injurious to property or public improvements in the neighborhood by showing,
among other things, compliance with all the technical standards for an Asphalt Plant in an
Industrial District, by offering expert testimony and documentary evidence regarding compliance
with State of North Carolina air quality
standards for asphalt plants, by showing direct access
from the Site to a public highway and by offering up reasonable conditions to address impacts,
such as hours of operation, spill containment, stormwater and a driveway permit from the State of
North Carolina Department of Transportation.

The Madison County Board of adjustment did a great disservice to the citizens of this county. Their
self importance and stupidity have created a very critical scenario for the taxpayers.
Board Members:
Karen Kiehna- Chairman
Ernest Ramsey
Darlyne Rhinehart
Mike Tuziw
Roberts Briggs
Rick Molland
Sherrie Frisbee
Donnie Laws- County Attorney
These individuals allowed a Quasi-Judicial  Hearing to become highjacked by a pack of leftist community
organizers.  
Sustainable Madison and BREDL fraudulently collected donations while not being
legally licensed to do
so. Donations obtained by illegal means do not meet the criteria of tax-exempt.
I donated a dollar to both of these groups. Lou Zeller testified under oath at the Asphalt hearing that
he did
not collect money from Sustainable Madison. This testimony was false.
Paypal Acount Payments which Prove this
According to the NC Institute of Government - from David Owens:
Worn testimony is one of the important rules for conducting a valid quasi-judicial hearing. Placing a witness
under oath reminds that person that this is a serious matter, and they have an obligation to speak accurately
and truthfully, without speculation or exaggeration.
It is a Class 1 misdemeanor for a person to testify
falsely under oath in an evidentiary hearing on a quasi-judicial land use regulatory matter.
G.S.
160A-388(g) and 153A-345(g); [G.S. 160A-388(f) as of Oct. 1, 2013]. The use of sworn testimony
distinguishes these
evidentiary hearings from the more familiar and less formal public hearing on a legislative rezoning or other
ordinance amendment. In the legislative public hearing a person speaking is free to express their opinion as
to the wisdom or desirability of an action, while in an evidentiary hearings the person speaking is a witness
testifying as to the facts of the case. The legislative hearing is an opportunity for members of the public to
speak their minds and give their opinions. The quasi-judicial hearing is about obtaining and evaluating the
evidence necessary for making a fair and legally supportable decision.

Why was this man even on the stand. Zeller is not qualified as an expert. Zeller is a radical lying activist.
Zeller and his late wife have never held any credible designations which would deem them, experts.
Emily Sontag is the face of Sustainable Madison and a respondent to the "Petition for Writ of Certiorari"
filed Friday. Emily Sontag and her group of minions claimed they were a "Bonafide 501-C3."
Sustainable Madison is NOT and never has been a 501-C3.

Sontag testified that an Asphalt plant would harm her cows.
Emily has no cows, and the only thing Bonafide about her is that her elevator is not reaching the top floor.
Sontag has floated her intent to run for county commissioner next year.
Sontag and her underlings actions
have cost this county thousands of dollars.
 
Sontag is not competent to be in public office.  
Connie Molland - an artist of funny looking spoons from
Marshall, was allowed to testify and cross-examine during thi
s BOA hearing.
This egotistic shill along with Mitch Hampton sit on our Economic Development committee.

They both were active in attacking the Reed Family & their business throughout this period.

Molland should never have been allowed to waste time and money in this hearing.  The Board permitted
Molland to cross-exami
ne some weird little man named Pete Whitlock
as to the devaluation of his buildings in Marshall.
What does the Town of Marshall have to do with the Industrial sector of the county of Madison?
The town of Marshall and its henchmen need to care for its water problem
and keep its busy body noses out of county business.
Appeal
click to read full filing