Dec. 21, 2021, “Rule of Law” Presentation to LCCC
During the Public Comment portion of the Lincoln County (NM) Commission Meeting on 12/21,
Galen Farrington, a homeowner in Legacy Estates which is immediately opposite Roper Construction’s proposed site on Highway 220, addressed the following to the Commissioners:
During the last seven months of listening to discussion concerning Mr. Ryan Roper’s proposed cement batch plant project, we have heard repeatedly, either directly or indirectly, two reactionary concepts: 1. Mr. Roper has not violated any laws. 2. The opposition to his proposal needs to file a lawsuit.
I recently asked if any commissioner has read Mr. Roper’s application realizing that this task is deferred to their lawyer. The commissioner’s response was “No.”
We have all heard the term “Rule of Law” and have created individual interpretations of those three words. The term is comprised of four major concepts, one of which has direct application to this situation.
Element two, “Just Law” states, “The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.” From the beginning, when Mr. Roper chose to ignore the deed restrictions that were enumerated to him to the continued assertion, as stated on his application, that there is no opposition to his proposed use of the land, it becomes clear that his actions are disingenuous. Those of us living in the area have purchased our properties with the expectation that future purchasers would follow the same restrictions as defined before purchase; Just Law.
Some months ago a commissioner stated that this situation was to be decided in a court of law rather than simply writing a letter of solidarity to the New Mexico Environmental Board which would express the community opposition to this proposed location. Lawyers are expensive.
Factor 7 of the Rule of Law index has evaluated accessibility and the ability to afford civil justice in 128 countries. The United States ranked 109th with 65% of the population not having the resources to oppose injustice.
There are people who live at all levels of the financial stratum in zip code 88312 and they all deserve your representation. Mr. Roper opened the floodgate of human rights concerns when he stated that the location of his plant could be evaluated as “social injustice.” Are those existing at the lowest levels of financial resources to be disrespected again by your transference of responsibility?
I hope not.
Galen and Chris Farrington
Legacy Estates