WPVI.com: Star Wars Battle in NJ
GLOUCESTER TOWNSHIP, NJ-December 7, 2004 — Not so long ago in a galaxy five miles southwest of Philadelphia, Mike Degirolamo had a plan. But the authority in his sector sought to suppress it. The plan was to build a 20-by-12-foot model of a Jawa Sandcrawler, a relatively obscure icon from the original "Star Wars" film, before the next installment of the saga "Star Wars: Episode III: Revenge of the Sith" opens in May. To get the project done, he doesn't need the Force, but rather the power to persuade the township council it's a worthy project. The council is planning a special meeting to discuss whether Degirolamo will be allowed to erect the ode to the movies he loves on the property of a local business. ...Degirolamo, 38, is a "Star Wars" fanatic who built a 35-foot model of a different sci-fi ship for the opening of the last Star Wars installment in 2002.
hat massive model was assembled in Degirolamo's yard. After neighbors complained and inspectors showed up, he had to put up a fence.
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It could be worse. What if he was a Ben Affleck fan?

Gov. Bush taps retired Fort Lauderdale doctor/lawyer as state's condo ombudsman
Fred Pilot sent along this article about the new Florida condo ombudsman. Note the part about the "bitter dispute" with his own association.

A retired Fort Lauderdale doctor and lawyer has been chosen to serve as the first condominium ombudsman in the nation, a position that will require him to educate more than 1 million condo owners and to resolve disputes with their 17,000 associations.

The appointment of Virgil R. Rizzo, 67, who is in the middle of a bitter lawsuit with his own condo association, was announced Monday by Gov. Jeb Bush.

The Florida Legislature created the position earlier this year over the objection of many condo lawyers and directors. Supporters of the law said they would try to add homeowner associations to the ombudsman's jurisdiction at the legislative session that begins in March.
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Yahoo! News - Eco-Terrorism Suspected in Md. Fires
More on this--was this an act of domestic terrorism?
INDIAN HEAD, Md. - More than a dozen expensive homes under construction were burned down early Monday in a suburban Washington housing development that had been criticized by environmentalists because it is next to a nature preserve, officials said. An FBI (news - web sites) agent said the fires may have been set by environmental extremists. A dozen homes were destroyed and 29 others damaged near the state's Mattawoman Natural Environment Area. No injuries were reported. The damage was estimated at at least $10 million. There was no immediate claim of responsibility. Faron Taylor, a deputy state fire marshal, said investigators believe fires were set in at least four of the homes, which were priced at $400,000 to $500,000. Taylor refused to say what led investigators to conclude it was arson.
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Note that the person who wrote the article refers to "environmental extremists," and then whoever wrote the headline used the term "eco-terrorism." There are some fine distinctions made these days over use of the word "terrorist." The folks in Iraq who are taking hostages, sawing their heads off and mailing the videos to Al-Jazeera, and blowing up people standing in line at police stations are called "militants," "insurgents," or "rebels," but never terrorists, even though by any conventional definition of the word they are terrorists. ANow, what about these domestic terrorists (if this was politically motivated arson)? Are they going to be called terrorists, or "extremists"?

Arson Destroys 12 New Md. Homes (washingtonpost.com)
A dozen empty houses in a new Maryland subdivision that is the focus of a long-running environmental dispute were destroyed and numerous others were damaged yesterday in what officials said were more than 20 coordinated, methodically planned arsons.

No one was hurt, but the attack left the Hunters Brooke subdivision, near Indian Head in Charles County, scarred with blackened, gutted houses, and it terrified the quiet community near the Potomac River about 25 miles downstream from the District.
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This has been happening out west, in the San Diego and LA areas, for some time. It's a new front in the old wars over development. Most people go to the village council meeting and complain. They win or lose, and if they lose they stay or move. These folks, however, flick their Bics. The issue is whether the second Bush administration will treat them as the domestic terrorists they really are, or whether it will ignore them as Clinton I and II and Bush I did. Do they have bigger fish to fry? That's what they said about Al Qaida in 1995.

Marc Steyn: An Englishman's home is his dungeon
Steyn at his best, reflecting on the fact that hot prowl burglaries (done with the resident at home) are rampant in the UK. Why? Steyn says because the crooks know people have no firearms, and because of the practice of prosecuting victims for using too much force in defending themselves against criminals who invade their homes:

An Englishman's home is not his castle, but his dungeon and ever more so - window bars, window locks, dead bolts, laser security, and no doubt biometricrecognition garage doors, once the Blunkett national ID card goes into circulation...In America, it's called a "hot" burglary - a burglary that takes place when the homeowners are present - or a "home invasion", which is a much more accurate term. Just over 10 per cent of US burglaries are "hot" burglaries, and in my part of the world it's statistically insignificant: there is virtually zero chance of a New Hampshire home being broken into while the family are present. But in England and Wales it's more than 50 per cent and climbing. Which is hardly surprising given the police's petty, well-publicised pursuit of those citizens who have the impertinence to resist criminals...In New Hampshire, there are few burglaries because there's a high rate of gun ownership. Getting your head blown off for a $70 TV set isn't worth it. Conversely, thanks to the British police, burning the flesh of a London dressmaker to get her watch is definitely worth it...

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Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association :: ACLU of New Jersey
Here's a summary of the Twin Rivers case from the New Jersey ACLU website. The case is on appeal. There are also links to the complaint and the ACLU brief. I don't know what the briefing schedule is.

Macomb Daily : Marine Corps flag dispute goes to court 12/06/04
A circuit court judge today may decide whether a Macomb Township man can continue flying a U.S. Marine Corps flag at his condominium. The Windmere Common I Association is seeking a preliminary injunction against John and Joanne O'Brien to remove the flag, which is attached to the front of the garage, an alleged violation of the association's by-laws.
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O'Brien "delivered a flier explaining the situation to all 92 units and no one has indicated they oppose his flag." But, predictably, the association attorney makes the slippery slope argument--if this is allowed then we'll have a Klingon flag next, yada, yada, yada. "You start down that slippery slope," he said. "Someone could display the flag of the Taliban, Iraq, the Viet Cong or Nazis." Right. I'm sure there's a whole line of fascist just waiting to put up their favorite flag if the USMC banner is allowed to remain.

Yahoo! News - Holiday Displays Take Over Neighborhoods
Fred Pilot rings the Salvation Army Christmas bell with this story of holiday lights gone berserk, straight outa Geneva. Illinois, that is:

GENEVA, Ill. - Greg Parcell isn't thinking about the 50,000 lights all around him, or the computer that has them blinking to the beat of "Let it Snow" on the radio. Instead, his mind is on what's missing as he stands in what seems the one empty spot in his front yard. "I still have to put up the penguins around the campfire," he says. Parcell, 47, is a toy soldier in a growing army of Christmas enthusiasts becoming more sophisticated at turning yards into blazing monuments to the holidays. New companies are cropping up with elaborate, automated decorations and the computer equipment to coordinate them, giving anyone with a wallet the ability to create scenes similar to a theme park...In Monte Sereno, Calif., a couple whose huge display attracted thousands of passers-by angered neighbors and led the city council to require a permit for any exhibit lasting longer than three days. This year, the yard holds a 10-foot Grinch, its spiny finger pointing at the house of the neighbors who initiated the complaints.
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DenverPost.com -10 questions you ought to ask your homebuilder
"I know the colors and special little features are more fun to think about and easier for people to understand, but they don't matter much if you don't have quality construction," said Peter Robberson, president of the Colorado chapter of the National Association of Home Inspectors and owner of Welcome Home Inspections in Colorado Springs.

Important questions to ask before, during and after construction of a new house:


1 Who is building the home?
[more...nine more, to be exact]

Boston.com / News / Local / Bradford gun club drawing concern
Six months after a bullet was accidentally fired into a Haverhill neighborhood from a local shooting range, neighbors say they want answers about what has been done to prevent a similar incident from happening.


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Yes, I imagine some answers would be in order.

Article: Teenagers fail to see the consequences?| New Scientist
Juveniles may find it harder than adults to foresee the consequences of their actions. The finding may explain why teenagers act compulsively and take more risks
[more, but if you didn't know this you have never met a teenager]
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Somebody paid for this study? OK. I want to study the behavior of objects that are suspended on a rope and then released. Do they fall, or rise, or remain hanging in space. Can I get some money for that?

Tampa Bay's 10 News:"TRAILER TRASH" headline breaks controversy
So now it's OK to call people "rednecks" (see below about the Barrington anti-deer hunting "I'm a mom") and "trailer trash"? I think "hillbilly" is also permissible--some college football coach yelled that at the other team's fans a couple of weeks ago--I think they were Oklahoma fans. You also hear "cracker" thrown around, along with "white trash."

What do these words have in common? They are negative steretypical words used to describe working class white people, who are now the only group it is permissible to ethnically slur. Is this supposed to be progress?

Rutherford Institute's amicus curiae brief in Kelo v. City of New London
If you like property rights, and I know lots of HOA activists say they do, then you will love this brief. You have the Magna Carta, Federalist No. 10, Calder v. Bull...it's a cornucopia of property rights delights. Give it read.

SSRN-Kelo v. New London: Deciding the First Case Under the New Bill of Rights by John Ryskamp
Thanks to John Ryskamp for e-mailing me with the link to his article on the case of Kelo v. New London, currently before the United States Supreme Court.
Here's the abstract of his article, with my emphasis:

The Supreme Court has just decided to hear Kelo v. New London (No. 04-108). The Court will use the case to decide--for the first time in thirty years - whether there should be elevated scrutiny of housing. Previous cases - such as San Antonio School District v. Rodriguez, Lindsey v. Normet and Dandridge v. Williams--rejected such elevation, but the Court indicated that it was prepared to raise scrutiny if there was a proper Constitutional formulation which located such scrutiny in the Constitution. This paper provides the formulation, beginning with James Madison's statement that the Constitution prevents every assumption of power in the legislative or executive. For the first time, the author shows how Madison's use of the word every brings housing and similar facts, under the jurisdiction of the Constitution and mandates elevated scrutiny. Given the administrative and political problems inherent in imposing a higher level of scrutiny on housing, the author provides different scenarios for adjudication.

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I think this is potentially a very significant case that could have major impact. My Constitutional Law class did a simulation on it. Students played the role of current USSC judges, hold conferences, and vote as they think their own justice would. Last week we held the final vote. Result: 6-3 to reverse the Connecticut Supreme Court and give the win to the property owner, Kelo. Here's the breakdown:

Reverse (meaning Kelo wins): Rehnquist (I know, he's sick--but the student who played him felt fine); Scalia; Thomas; O'Connor, Kennedy; and (shocker) Breyer.

Affirm (meaning New London wins): Stevens; Ginsburg; Souter.

ABC13.com: Homeowners association picks a fight with man over American flag
Not again. Please. Not again. Is there a psychologist in the house who can explain why HOA directors do this?
ABC13 Eyewitness News
(12/03/04 - HOUSTON) — The American flag is in the middle of a fight between a west Harris County man and his homeowners association.
"Old Glory" has been sitting on Charles Watson’s front lawn on Glen Eagles near Grousemoor for more than five years, but his homeowner's association now says it must go. It claims the former serviceman, who has family serving in Iraq, did not get prior approval before making home improvements, and the flag is in violation. The flag can be mounted on the house, but not on the lawn.

Neighbors don’t object to the flag’s placement, and Watson refuses to move it, saying he has earned the right to display the flag. The association has until December 7 to respond to paperwork filed by Watson.

Proposal Would Hit Blue State Taxpayers
Can't remember if I posted on this before, but it has been in the press.

As President Bush lays the groundwork for a possible overhaul of the U.S. tax code, one option under consideration would deal its biggest financial blow to citizens of blue states such as California and New York. Some conservative activists are urging the Bush administration to scrap the federal deduction for state and local taxes as part of a broader plan to revamp the nation's tax system...Taxpayers in California and New York, for example, which have top state income tax rates of 9.3% and 6.5% respectively, would be highly affected; residents of Florida and Texas, which have no state income taxes, much less so.
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That's quite a bite. So, New Yorkers would pay 9.3% of their income to the state, and then pay federal tax on that portion of their income as well. Ow.

Lawmaker Seeks to Privatize State Pensions
Thanks to Fred Pilot for spotting this. Tax collection, pensions...this is a big day for announcing new privatization initiatives, isn't it?

Declaring rising pension debt a "ticking time bomb," a California legislator proposes converting public employee retirements from a traditional defined-benefit system to the 401(k)-style plans held by most American workers.

Employees hired by a public agency after July 1, 2007, would automatically be enrolled in the new contribution plan proposed by Assemblyman Keith Richman (R-Northridge). The plan would make pension payments for public agencies more predictable and potentially lower costs, he said.
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Private Firms to Chase Delinquent Taxpayers (washingtonpost.com)
I don't like the sound of this at all. The part about the private collectors keeping up to 25% of the amounts they recover seems like a strong incentive to engage in, shall we say, rapacious collections practices.

When Reps. Shelley Moore Capito (R-W.Va.) and Chris Van Hollen (D-Md.) teamed up in September to get the House to pass an amendment blocking the use of private companies to collect back taxes from delinquent taxpayers, it seemed the Bush administration plan might be doomed for at least a year.

But in the final hours of drafting a 3,300-page spending bill last month, House and Senate negotiators eliminated Capito's and Van Hollen's handiwork, clearing the way for the Internal Revenue Service to hire commercial debt collectors. These private agents could keep as much as 25 percent of the amounts they recovered.

While the Bush administration has strongly supported the initiative as a way to increase revenue collections amid growing deficits, critics contend it could lead to harassment of taxpayers and breaches of privacy. Labor groups representing federal workers also oppose the change. But it has the backing of the debt-collection industry, which has contributed heavily to GOP organizations and causes since Bush became president.
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Daily Herald:Deer hunt opponents find holes in plan
By Joseph Ryan Daily Herald Staff Writer
Posted Saturday, December 04, 2004
North Barrington trustees on the short end of a village board vote to allow bow hunting in a gated subdivision are making a last-ditch lobbying effort to reverse the move.

Trustees Kim Forman and Kelly Mazeski are calling into question what they considered a key assertion by hunting proponents: that Wynstone's deer were locked in the subdivision by its wrought-iron fences.

They have provided the Daily Herald with pictures they say are of broken fences at Wynstone, and they plan to use them to convince the board to revote this week to reject the hunt.
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Wynstone leaders said there are at least 40 deer in a forested area of the subdivision. They said the deer cannot easily leave, and therefore bow hunting 20 would sufficiently thin the herd to reduce problems.

Forman and Mazeski said the holes they found - one from a removed post and two existing under the fence - allow deer to move freely, making the count void and lowering the chance a hunt would stop the deer problems.

Wynstone president Richard Scobee said Friday he believes the holes were created by residents that want deer to enter the subdivision. He said the fences are checked weekly by maintenance workers.


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So maybe even a deer can wander at will in and out of Wynstone. If so, I should think that a burglar wouldn't find such security much of an obstacle.

Interesting dispute, and it may support a point that many people have made about gated communities. Most of them aren't really much more secure than anyplace else. The security is more of an image than a reality, and would not keep out a determined intruder. This is a psychological thing, a sort of security blanket, for people who seek out these compounds. These places appeal to people with a strong sense of territoriality, who want to control their space.

By the way, there's hardly any crime in the entire Barrington area, for many miles around. It's not like they needed to fence out Alaric the Visigoth and his hordes.

Man arrested for having dynamite in apartment
Hey, I thought this was a free country. What about his property rights?