Date: Mon, 27 Mar 2000 23:40:57 +0000 (GMT) From: Terry Lambert <tlambert@primenet.com> To: Doug@gorean.org (Doug Barton) Cc: tlambert@primenet.com (Terry Lambert), freebsd-chat@FreeBSD.ORG Subject: Re: On "intelligent people" and "dangers to BSD" Message-ID: <200003272340.QAA04561@usr06.primenet.com> In-Reply-To: <Pine.BSF.4.21.0003241659540.6624-100000@dt051n0b.san.rr.com> from "Doug Barton" at Mar 24, 2000 05:07:25 PM
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> > This is the same principle that allows your neighbor, who has
> > parked in front of your house for 2 years, to continue parking
> > there, even if you have bought a second car, and have no place
> > to park it because your driveway has your first car in it. He
> > has established a right to that spot, even though it is in front
> > of your house, by virtue of you not stopping him.
>
> Assuming that you are talking about a public highway ("the
> street") and not your private property, then neither one of you has a
> "legal right" to it, never mind whose house it's in front of. It's
> strictly by convention that most people consider the space in front of
> their home "theirs," and most neighbors respect that.
There was an interesting case in Ogden, Utah, where the city had
decided to make parking on a particular street illegal. They
were doing this because they had newer, wider snow removal
equipment, and so they would have to plow that street with the
older equipment, unless they prohibited parking. They had the
equipment, but that meant that they couldn't schedule removal
resources as if they were all equivalent. It was a convenience
issue for them.
A man who had been parking in front of his house for 10 years
ignored the posted notice, and was ticketed.
He refused to pay the ticket, and sued the city, on the premise
that he had established a "right" to park in front of his house,
and had established an interest, via prescriptive lien, and
additionally that the ordinance making it illegal was ex post
facto from him having established said lien.
He won. The city appealed. He won at the apellate level (the
level at which a court can establish binding case law for any
similar situation which arises in the future).
The city was furious, of course, as cities are used to getting
their way...
One month later, the guy came out and found a ticket on his
car, once again. Fuming, he went into the city court clerk,
to give them a piece of his mind, and get the ticket voided.
The clerk listened politely, and when he was done venting, the
clerk said, "Ah, Mr. Johnson... we've been expecting you", and
handed him a five page document.
The city had "siezed" the street under eminent domain, after
posting the required notice in the local newspaper (The Ogden
Standard Examiner) thirty days previous to the seizure.
He paid the ticket, and he no longer parks there. Cities have
a habit of getting their way, one way or another. 8-).
Terry Lambert
terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.
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