Comments on: A Victory For Property Rights In Maryland http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/ Life. Liberty. Property. Defending individual freedom and liberty, one post at a time. Wed, 08 Feb 2012 17:04:34 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Dabney Johnson http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10556 Dabney Johnson Thu, 01 Feb 2007 19:07:31 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10556 "If I cause damage to your property through my actions on my property why wouldn’t you bring a civil suit or criminal charges, depending on the situation? Why the need to regulate and intervene and control my property?" You have a very interesting view of the law and why laws are established. I should have to sue and incur unbelievable costs and hardships after you build something that ruins my property value? That's terribly backwards Adam. If you want to do something that has been deemed potentially damaging to others, the burden should be on you. “If I cause damage to your property through my actions on my property why wouldn’t you bring a civil suit or criminal charges, depending on the situation? Why the need to regulate and intervene and control my property?”

You have a very interesting view of the law and why laws are established. I should have to sue and incur unbelievable costs and hardships after you build something that ruins my property value? That’s terribly backwards Adam. If you want to do something that has been deemed potentially damaging to others, the burden should be on you.

]]> By: Dabney Johnson http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10555 Dabney Johnson Thu, 01 Feb 2007 19:04:24 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10555 "Does the fact that the County Zoning officials initially approved the construction of the Duffy’s home mean nothing to you ?" The initial construction did not include razing the whole house. The county did make a mistake by saying they didn't need further permits to continue to tear down their house one wall at a time. However, two wrongs don't make a right. This may sound harsh, but who's to say that their intent wasn't to circumvent the process by starting with a renovation when their intent was a tear down? I've seen builders leave a foundation and one wall up so they could do a "renovation" instead of a new build, only to replace that wall later in the construction. “Does the fact that the County Zoning officials initially approved the construction of the Duffy’s home mean nothing to you ?”

The initial construction did not include razing the whole house. The county did make a mistake by saying they didn’t need further permits to continue to tear down their house one wall at a time. However, two wrongs don’t make a right. This may sound harsh, but who’s to say that their intent wasn’t to circumvent the process by starting with a renovation when their intent was a tear down? I’ve seen builders leave a foundation and one wall up so they could do a “renovation” instead of a new build, only to replace that wall later in the construction.

]]> By: Doug Mataconis http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10475 Doug Mataconis Thu, 01 Feb 2007 00:42:27 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10475 Dabney, Does the fact that the County Zoning officials initially approved the construction of the Duffy's home mean nothing to you ? If it weren't for the actions of a few politically connected neighborhood busybodies, who, by the way, didn't object when other neighbors got similar zoning variances, this never would have been an issue. Dabney,

Does the fact that the County Zoning officials initially approved the construction of the Duffy’s home mean nothing to you ?

If it weren’t for the actions of a few politically connected neighborhood busybodies, who, by the way, didn’t object when other neighbors got similar zoning variances, this never would have been an issue.

]]> By: Adam Selene http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10470 Adam Selene Wed, 31 Jan 2007 23:46:55 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10470 There have to be laws in place to protect me from your desire to regulate what I may do with my property. If I cause damage to your property through my actions on my property why wouldn't you bring a civil suit or criminal charges, depending on the situation? Why the need to regulate and intervene and control my property? There have to be laws in place to protect me from your desire to regulate what I may do with my property.

If I cause damage to your property through my actions on my property why wouldn’t you bring a civil suit or criminal charges, depending on the situation? Why the need to regulate and intervene and control my property?

]]> By: Dabney Johnson http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10456 Dabney Johnson Wed, 31 Jan 2007 18:31:20 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-10456 So you think people should be able to build a five story building all the way to their property line? Sure that's hyperbole, but there HAVE to be laws in place to PROTECT property owners from others destroying their property value. So you think people should be able to build a five story building all the way to their property line? Sure that’s hyperbole, but there HAVE to be laws in place to PROTECT property owners from others destroying their property value.

]]> By: Adam Selene http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9733 Adam Selene Mon, 29 Jan 2007 17:19:36 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9733 Yeah, wouldn't want to let someone build anything on their own property that the "Community" doesn't like. You tell 'em Markangelo! Yeah, wouldn’t want to let someone build anything on their own property that the “Community” doesn’t like. You tell ‘em Markangelo!

]]> By: Markangelo http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9726 Markangelo Mon, 29 Jan 2007 16:42:15 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9726 The Duffy's dont sound like the little guy. If nobody else in the neighbor is allowed to over build why should they be granted favors ?? Alot of these selfish individuals, although knowing the current zoning rules, just go ahead building thinking they can grandfather it in after the fact. The world is not a family but a community of others. The Duffy’s dont sound like the little guy.
If nobody else in the neighbor is allowed to over build
why should they be granted favors ??
Alot of these selfish individuals, although knowing the current
zoning rules, just go ahead building thinking they can grandfather it in after the fact.
The world is not a family but a community of others.

]]> By: Larry Crews http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9313 Larry Crews Sun, 28 Jan 2007 18:43:04 +0000 http://www.thelibertypapers.org/2007/01/26/a-victory-for-property-rights-in-maryland/#comment-9313 My wife and I are suffering a VERY SIMILAR attack on our property rights and are awaiting a date from the Montgomery Co Circuit Court as to when our appeal will be heard. We applied for and were granted 2 seperate times a Mont. Co. MD DPS building permit to setup a used, older 14x60 industrialized modular building as an accessory building in our 20,000 sq ft back yard to use for storage like a large shed. Because the neighbors didn't like how it looked (like a large construction trailer) and wouldn't wait till we had a chance to finish setting it up, erect a fence and overall improve its looks, they appealed against us. Eventually they got the exact same county council (as in the Duffy case) to rule against us and have our building permit cancelled. Whereas all the parties in the Chevy Chase case were quite well-off and well-connected, we and our neighbors are all very middle class, working class. We are delighted to stumble on this case in time to hopefully use it as a precident to argue from in our case. The only problem is that we are so poor that we can not afford a lawyer. Instead we are appealing Pro Se and have spent countless hours drafting our own initial Memorandum tediously outlining in woefully inadequate detail our arguments. We have just filed this document with the court and expect to receive a hearing date any time. If anyone knows anyone that could offer us any legal advice or assistance we would be ever so grateful. Time is running out. Please contact me at crewsl@gc.adventist.org or call me at 301-680-6555 if you have any help or suggestions to offer. Thanks a lot..! PS. It was because of my wife’s father's death last year and her mother's Altzheimer’s that we moved to & bought this small house on 2/3 acres last fall and need the extra storage space of the accessory building that's being denied us. My wife and I are suffering a VERY SIMILAR attack on our property rights and are awaiting a date from the Montgomery Co Circuit Court as to when our appeal will be heard. We applied for and were granted 2 seperate times a Mont. Co. MD DPS building permit to setup a used, older 14×60 industrialized modular building as an accessory building in our 20,000 sq ft back yard to use for storage like a large shed. Because the neighbors didn’t like how it looked (like a large construction trailer) and wouldn’t wait till we had a chance to finish setting it up, erect a fence and overall improve its looks, they appealed against us. Eventually they got the exact same county council (as in the Duffy case) to rule against us and have our building permit cancelled. Whereas all the parties in the Chevy Chase case were quite well-off and well-connected, we and our neighbors are all very middle class, working class. We are delighted to stumble on this case in time to hopefully use it as a precident to argue from in our case. The only problem is that we are so poor that we can not afford a lawyer. Instead we are appealing Pro Se and have spent countless hours drafting our own initial Memorandum tediously outlining in woefully inadequate detail our arguments. We have just filed this document with the court and expect to receive a hearing date any time. If anyone knows anyone that could offer us any legal advice or assistance we would be ever so grateful. Time is running out. Please contact me at crewsl@gc.adventist.org or call me at 301-680-6555 if you have any help or suggestions to offer.

Thanks a lot..!

PS. It was because of my wife’s father’s death last year and her mother’s Altzheimer’s that we moved to & bought this small house on 2/3 acres last fall and need the extra storage space of the accessory building that’s being denied us.

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