Friday, January 05, 2007

NPR : Storm-Door Case Tests Property Rights for Millions
NPR's Day to Day did a piece on the Twin Rivers case because the arguments before the New Jersey Supreme Court were held yesterday. Here's the link to the audio. There is a bit from me in there. I like the part where the CAI/Twin Rivers HOA attorney says that we have city, county, state and federal government, and "that's enough." True. So very, very, true. But he says this in support of his argument that the law should not treat HOAs like government. This is a "let's pretend" argument. Let's pretend they aren't behaving like governments, so then we don't have to act as if they were doing what they are really doing. In truth, his point supports the ACLU's position. Since we already have enough government, maybe HOA regulation is more than we need. So of course it needs to be regarded with some judicial skepticism and oversight, doesn't it?

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