And, once again, trying to reign in power mad politicos. So, nutshell (in honor of PRM's burfday today) version..Town of Cary does some road work which causes runoff to damage a citizen's property. Cary ignores this guy until he paints on his home "Screwed by the town of Cary" or words to that effect. That got their attention, but brought forth no solution. Cary tells him to remove the paint from his home. Then they start fining him. ACLU sues Cary on his behalf to protect his right to free expression. It seems the town, in rerouting some drainage or roadway, causes economic damage to private property. Town refuses to compensate the private land owner to his satisfaction. Owner paints his feelings on his own property. Town fines him. ACLU sues on his behalf. Hope ACLU wins this one, too. Not the kind of municipality that any of us envision for our area, by the way.
Cary can kiss my butt, but they have tried to resolve this and the only thing this guy will accept is them buying him out of his house... the town wants to rework the drainage system but he said buy me out thats all I will do and accept. The Town hasn't completely turned a blind eye and deaf ear to this guy... Like I said Cary can pound sand for all I care...
From WRAL Isn't Cary the type of town where shops and restaurants are supposed to conform to a certain look?
yes and I guess its no different than covenants one has to follow in HOA's and best my memory most of those stand up in courts.
no not really, Cary has long held certain standards and guidelines on appearances and I don't think it has been forced to change those have they.
Look I'm not that stupid... does Cary have a standards on appearances they uphold??? I didn't say they were the same tit for tat but maybe similar in content as HOA's.
No one called you stupid. The comparison isn't exact. One voluntarily knows the HOA rules (or should know) before purchasing. And these apply to private property. Municipal rules can change much more readily than HOA stuff. Suppose Cary outlaws the display of the American flag, because they consider it as not conforming with the color scheme they prefer. What then? In this case, I side with the homeowner.
The lawsuit is over the sign he had painted on his house. The Town is being sued for violating his first amendment rights. The first amendment only applies to government bodies, not private businesses. The town certainly has a right to pass zoning laws that deal with signage, and they may win or lose this case, I'm not predicting how the case will come out. I'm just disagreeing with your statement that it's no different than covenants in HOAs. It's completely different. The covenants in HOAs are contract agreements, signed and agreed to by the homeowner when they purchase their property.
Ok ok uncle... in a nutshell your being told you can't do something. I used a half a-- reference.. shoot me now... :jester::jester: Damn Lawyers anyways. :cheers:
