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That’s Not Right
I suppose that every week while looking for the odd news stories, it could be said that “something is off-kilter. Hardly a week goes by where some crime is committed and we all think to ourselves: That person had to be either drunk or high. This week I managed to find at least a few news items where it appears that the participants were sober…OK…maybe there is a small chance on the third story.
Is It a Boat or is It a House?
On Tuesday of this week a decision came down from the U.S. Supreme Court that decided that this was a house not a boat. (no, I didn't mean Judge Judy's Court…I am talking about U.S. Supreme Court.)
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| Don't let the water fool you..it's a house. |
In 2006, after Hurricane Wilma destroyed the marina where Fane Lozman had his houseboat moored, he decided to move it to to a marina in Riviera Beach about 80 miles north of Miami. After moving to the new marina, Lozman found himself at odds with the city. Riviera Beach tried to evict him and other houseboat owners to make way for a $2.4 million dollar luxury development.
As a result of his efforts, the development plans fell apart but the city contended that Fane owed them docking fees and they charged that his dachshund was a public nuisance. Fane contended that the city was seeking retribution. Seriously...you can't call a man's dog a nuisance and not expect a fight…so Fane took the city to court.
This is where things start getting interesting. Fane won an early victory when the first jury said the city couldn't evict him. They also, said the city had to keep the marina public
In 2008, the city came up with another plan for the luxury development and again Lozman fought against this. The city, however, went to court to have the houseboat declared a vessel. By having it declared a boat it would be subject to maritime rules. The court agreed. This gave the city the right to seize the “now boat” for unpaid dock fees. Riviera Beach seized the boat and put it up for auction.
Guess, who the highest bidder was??? Yes, I am sure you guessed right! The city outbid everyone and bought the boat. The very next day they destroyed it.
Lozman appealed to the case to the U.S. Supreme Court. Represented by Stanford Law School Supreme Court Clinic, Lozman contended that the city had no right to destroy his house for back dock fees under maritime rules because his house wasn't a boat.
In a 7-2 decision the highest court in the U.S. said this:
Read more » I am a veteran of corporate moves. Having moved 21 times while my husband climbed the corporate ladder while dragging me up… rung by rung over the course of our 40+ year marriage. I used to delude myself into thinking
that I was middle-age but now realize that I would have to live to be 116 to justify that term. If wisdom comes with age, I am wiser than some, older than many, and more cynical than most. My blog is to jot down the nonsense I
see, hear and think about while I still have all my faculties working.
2013-01-24 22:47:39
Source: http://www.artofbeingconflicted.com/2013/01/thats-not-right.html
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