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Monday, January 09, 2012

Supreme Court

I don't remember hearing anything about this case in the news before it hit the Supreme Court ... But I think it's a question we all would like to know about - or at least those who own or expect/hope to own land/property someday ....

EMINENT DOMAIN

A couple in Idaho was forced to stop the construction of their home ... By order of the EPA

The couple bought a lot of land and started clearing the land in order to build their house - but the government showed up out of nowhere and claimed that the land was "wet-land" and was "protected" by law from construction.

But there was no standing water, flow of water ... But the EPA said it was on their "wetland inventory" ... But when they looked up the coordinates into the inventory - coordinates PROVIDED BY THE EPA - it was not there!

To which the EPA tried to cover it up by saying the inventory wasn't always correct ...

Guys - that works both ways too you know ... Maybe the original coordinates you had were entered in wrong and then corrected ... Did you ever think of that?

The couple was also being FINED $100,000's for building where they didn't know they couldn't even thought the government didn't have the proof to show they couldn't ...

The EPA contends that this case shouldn't even have made it to court, that this was an administrative issue and the couple HAD NO RIGHT to take this to court ...
"To treat the compliance order as triggering a constitutional right to immediate judicial review where no immediate right of access to the courts had previously existed would deter a broad range of beneficial agency communications"
EPA Supreme Court Brief, November 2011

In other words - the government doesn't allow people to stand up for themselves or to negotiate. The EPA feels they can act without consequences because they know what's best ...

Thank you frickin' tree huggers!
¥¥¥¥¥
ALSO TODAY

Texas Redistricting of Voting Boundaries
The legislature in TX drew new voting district maps - some minority groups (goated on by groups such as ACORN) challenged the boundaries ... The Federal Court in TX dismissed the legislatures maps but instead of sending it back to the legislature to redo, the Federal Court did it THEMSELVES - doesn't that cross the "checks & balances" line? I think it does ...

Talk about legislating from the bench!
This one is being held on an EMERGENCY basis since it is an election year ...

It will be interesting since at least one of the newer members of the Supremes believes that people are stupid and need the government to think for them and baby them ... And then there is the one who believes that the American government OWES certain members of the general population based on their minority status special privileges and "rights" not afforded to other members of the population based SOLELY upon their race, sex, or sexual preference.

One law for all people - one law for all!

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