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Strategies & Market Trends : The Residential Real Estate Crash Index -- Ignore unavailable to you. Want to Upgrade?


To: GraceZ who wrote (5526)9/22/2002 7:10:14 PM
From: Elroy JetsonRead Replies (2) | Respond to of 306849
 
homeowners whose new development placed next to a Dairy farm complained about the smell and the farm equipment

How encroachment upon a nuisance is treated has evolved over time. One landmark case in 1871 was replaced by another in 1922. Since then some states have passed specific laws protecting farm use. The law reflects the evolving tastes of America.

"... a party cannot justly call upon the law to make that place suitable for his residence which was not so when he selected it..." Gilbert v. Showerman, 23 Mich. 448, 455, 2 Brown 158 (1871).

"...a business established at a place remote from population is gradually surrounded and becomes part of a populous center, so that a business which formerly was not an interference with the rights of others has become so by the encroachment of the population * * *." City of Ft. Smith v. Western Hide & Fur Co., 153 Ark. 99, 103, 239 S.W. 724, 726 (1922).

A review of special state laws which provide protection against City of Ft. Smith v. Western Hide & Fur Co.:

real-estate-law.freeadvice.com

No doubt the deciding judges were appointed by Warren Harding.
I know you and I both warned people that Warren Harding as President would come to no good.
As William Gibbs McAdoo said, "Harding's speeches are an army of pompous phrases moving across the landscape in search of an idea."



To: GraceZ who wrote (5526)9/25/2002 6:24:03 AM
From: nextrade!Respond to of 306849
 
The list is long,

land use regulations, rights taking issues, (in the disguise of perserving rural character, and stopping urban sprawl), the NIMBY principle, global competition, taxation, pesticide issues fueled by the media and the Meryl Streep's of a clueless society,

acsh.org

acsh.org

It makes me crazy.

You're not alone.

Regards,

nextrade!