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Date:      Thu, 11 Oct 2001 01:12:12 -0700
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Ted Mittelstaedt <tedm@toybox.placo.com>
Cc:        cjclark@alum.mit.edu, Salvo Bartolotta <bartequi@neomedia.it>, "P. U. (Uli) Kruppa" <root@pukruppa.de>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Use of the UNIX Trademark
Message-ID:  <3BC5545C.F3697DAD@mindspring.com>
References:  <009c01c15222$884e8ee0$1401a8c0@tedm.placo.com>

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Ted Mittelstaedt wrote:
> Of course - if said parking space is on the street, neither of
> you has any right to be there as the street is owned by the
> municipality, and most of them have "48 hour limit" ordinances
> that while rarely enforced, do make it illegal for both of you
> to claim an interest in the space.

Actually, I specifically picked a parking space for the example
due to a Utah case where a city decided that people could no
longer park in front of their homes, since the city wanted to
use fatter snow plows on the street, and it couldn't fit between
two rows of parked cars on either side.

The city (Ogden) lost, as they had not enforced their law for
many years, and selective enforcement is unconstitutional;
then they lost again, after universally enforcing the time
based limit, when the same guy claimed a prescriptive lien on
the parking space.  As far as I know, it's still his parking
space (he was my neighbor, on the corner of 24th and Van Buren
St., and I was very happy he won, since I had to park several
blocks away for a month in the dead of winter).

-- Terry

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