Don’t Let Kane Realty Trash Midtown Raleigh!
When you’re a billionaire developer and want something from the public, why bother with obeying the law and showing due respect for your neighbors when it’s easier and more profitable to dispense with public review and successfully lobby the General Assembly to change the law?
This is a story about a betrayal of our Midtown neighborhoods, but there is a message here for all our neighbors in Raleigh. I urge all residents of all the diverse communities within the City to read and take note.
Do any of us want wealthy and powerful business interests to treat our community as their own fiefdom? We may disagree about many things, but can’t we all agree that we don’t to be ruled by such autocratic private interests in Midtown or anywhere else in Raleigh?
This past August Kane Realty was worried that a well-established legal process might derail its plans for continued irresponsible development in Midtown Raleigh - in this case proposing to deviate from City development regulations so it would be allowed to locate the known health and safety hazard of a loading dock/trash handling and transfer operation on Lassiter Mill Road. This road is a heavily traveled main thoroughfare as well as a residential street. Importantly, there is already an existing loading dock/trash handling and transfer operation in the same block at the Highland apartments (another Kane development). Midtown Neighbors United has well documented this very problematic blight on our community and has worked with the City to control it - with no help from Kane (see more below).
On August 6 the Raleigh Design Review Commission held a hearing on Kane’s proposal. The members of the Commission are lay citizens duly appointed by City Councilors; by law most have professional expertise in design and urban planning. Receiving sworn testimony and bound by law to rely only on competent evidence presented by technical experts, it was the commissioners' duty to decide on behalf of the City and its people whether Kane’s proposed deviation was consistent with applicable laws and regulations.
Equally important, neighbors who would be negatively affected by the proposed deviation were entitled to voice concerns and provide expert testimony in opposition. Midtown Neighbors United supported an affected neighbor and their expert who presented compelling testimony and evidence in opposition to Kane’s irresponsible proposal.
Sensing defeat, Kane requested a continuance. At the continued hearing on October 1, the Commissioners (and we) expected the Commission would decide whether or not to approve Kane’s proposed deviation. Unfortunately, the Commission was not allowed to make that decision. Before the hearing began, Kane’s lawyer advised the Commissioners that Kane was withdrawing its request. It turns out that in mid-August, Kane's lobbyists had cut a secret backroom deal with the NC General Assembly which then passed without public notice or debate a law effectively gutting the City's inconvenient review process and preventing it from being applied to Kane’s proposed deviation (see Session Law 2026-59, Section 9.(a), effective Oct.1, 2026). There would be no hearing on Kane's proposal.
We were shocked but not really surprised by the tactic or the outcome. It’s pretty well understood that well-funded private interests routinely trump all others – especially the public’s interest.
“Money talks and the public interest walks.” In North Carolina as elsewhere, lobbyists for well-funded private interests work the legislature tirelessly to undermine our public interests and eliminate laws and rules protecting them. As a result our protective laws are constantly threatened with secret and selective trashing by the General Assembly, too often without public knowledge or debate.
For now, MNU has to leave it to other engaged citizens and public interest groups to find ways to effectively dismantle the unholy alliance of well-funded private interests and our elected representatives at all levels of government.
In the meantime, MNU will continue to actively oppose approval of any more urban blight on Lassiter Mill Road.
MNU'S Comments on ASR 0024-26
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Dear ms Gladwin , and commission members :
As a longtime resident of NH that resides directly across from the second proposed loading dock proposed by Kane on Lassiter mill rd , l fully agree with the comments submitted by MNU regarding ASR2400-26 . Thank you .