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Old 11-19-2009, 09:55 PM
 
Location: SE Florida
392 posts, read 1,096,177 times
Reputation: 529

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ACLU files suit against Cary for violating rights of homeowner :: WRAL.com

I knew this was coming. Prepare to pay higher taxes Cary, all at the hands of your do-gooder city officials!

I too have the backing of this great agency! They don't back down and they don't go away. They pushed this man to the edge and finally somone is standing up for him. The ACLU does not take a case, unless they know they have a case. In my situation, when I submitted my original story to the ACLU it was over 200 pages in length. I was told they review thousands of potential cases each month and they only take cases with a significant violation of rights and due process.

Bless this man and his stand. I hope he wins and I believe he will.
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Old 11-19-2009, 11:39 PM
DPK
 
4,595 posts, read 5,732,559 times
Reputation: 6220
Quote:
Originally Posted by Stone_Sculpture_Artist View Post
Bless this man and his stand. I hope he wins and I believe he will.
Bless him? He's basically black balling the city with his house. He knew his house had drainage issues when he bought the damn thing (it's at the base of a down slope) and while the widening project did increase them, the city did present a viable solution.

His house is on a busy road and the city has rights of eminent domain. He should have had the foresight to plan ahead. Just like I'm not going to buy a house right off the shoulder of US-1 because what if it happens to need widening in the future. Oops, there goes the distance between the road and the house.

His house should have been built further back into the property:



The guy's an idiot. I hope he loses. That or I'd find it hilarious if the town just came in, jacked up his house, and drug it about 15 feet backwards in his lot.

Last edited by DPK; 11-19-2009 at 11:52 PM..
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Old 11-20-2009, 04:10 AM
 
71 posts, read 210,442 times
Reputation: 48
Not all houses sitting on a downslope will have drainage problems around the base of the foundation like this man has. Site grading has a lot to do with it. The Town changed the site drainage by not properly designing for drainage away from his house, something the roadway and hydraulics engineers should have known how to do.

As far as the set back from the front of the lot, there may have been set-back requirements from the side and back lot lines that influenced where the house is sitting. If you notice, nearly all the houses in this neighborhood sit approximately the same distance from the road, and not near the back of their lots.

I hope you never have issues with the Town where you have to rely on their reasonableness to resolve the issue or you're likely to find yourself with the same level of frustration this guy finally had. Yes, there was probably some other equitable solution that could have been found, but in my limited experience with dealing with the Town is that staff only sees things as being black or white with no gray (it's their way or highway).

I think it's a shame things have gone this far. I guess all the details about the issue(s) will be available now that the lawsuit is being filed.

Quote:
Originally Posted by DPK View Post
He knew his house had drainage issues when he bought the damn thing (it's at the base of a down slope)

His house should have been built further back into the property:
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Old 11-20-2009, 05:13 AM
 
Location: Oxxford Hunt, Cary NC
4,478 posts, read 11,625,515 times
Reputation: 4263
There's already a long discussion about this here:

https://www.city-data.com/forum/ralei...n-cary-11.html

This is worth reading, especially the part about the water damage (i.e. rotten siding) on his house shown in a photograph taken BEFORE the road project began:

Don's Cary Town Council Journal: Red Letter House
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Old 11-20-2009, 06:36 AM
 
9,196 posts, read 24,950,226 times
Reputation: 8585
Quote:
Originally Posted by n8urgrl View Post
I think it's a shame things have gone this far. I guess all the details about the issue(s) will be available now that the lawsuit is being filed.
This lawsuit is only about the signage/free speech issue. It won't have anything to do with the underlying claim regarding the house, so I don't think any facts will be brought out beyond what we already know.
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Old 11-20-2009, 06:49 AM
 
39 posts, read 91,267 times
Reputation: 38
Quote:
Originally Posted by DPK View Post
The guy's an idiot. I hope he loses. That or I'd find it hilarious if the town just came in, jacked up his house, and drug it about 15 feet backwards in his lot.
I think you're missing the point. The ACLU doesn't care about drainage issues -- they care about the rights of property owners. It seems that the guy's got a right to paint just about whatever he wants on his house, and that's probably going to be the issue of this lawsuit.
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Old 11-20-2009, 06:56 AM
 
Location: SE Florida
392 posts, read 1,096,177 times
Reputation: 529
Quote:
Originally Posted by DPK View Post
Bless him? He's basically black balling the city with his house. He knew his house had drainage issues when he bought the damn thing (it's at the base of a down slope) and while the widening project did increase them, the city did present a viable solution.

His house is on a busy road and the city has rights of eminent domain. He should have had the foresight to plan ahead. Just like I'm not going to buy a house right off the shoulder of US-1 because what if it happens to need widening in the future. Oops, there goes the distance between the road and the house.

His house should have been built further back into the property:



The guy's an idiot. I hope he loses. That or I'd find it hilarious if the town just came in, jacked up his house, and drug it about 15 feet backwards in his lot.
Do you by chance work for the town of Cary? This is not about the drainage issues. It's about every American's right to protest government. It's about every American's right to own their damn home. It's about every American sick of their rights be taken and stepped upon by the do gooders and big government. It's about our government ignoring our constitution, ignoring individual rights and process and squashing the little guy. It's a stance against the "do as I say, not as I do" hypocrites.

The ACLU does not take cases they can't win. Those of you whom do not support this man, support the ideology of the government doing all of the above to you and more.

The town of Cary gave this guy $5000 to ruin his his front yard and make his home unable to be sold. Even if they fix the drainage issues, his home has still lost all its ability to be sold. And the drainage issues should have never happened in the first place! I hope and believe he will win.
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Old 11-20-2009, 07:06 AM
 
8,583 posts, read 16,019,814 times
Reputation: 11355
Never thought I would be cheering on the ACLU.....

Where have they been when towns have taken peoples property
for the "good of the town" that turned out to be a new shopping center.
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Old 11-20-2009, 07:16 AM
 
Location: Cary, NC
43,320 posts, read 77,177,570 times
Reputation: 45664
Quote:
Originally Posted by Stone_Sculpture_Artist View Post
Do you by chance work for the town of Cary? This is not about the drainage issues. It's about every American's right to protest government. It's about every American's right to own their damn home. It's about every American sick of their rights be taken and stepped upon by the do gooders and big government. It's about our government ignoring our constitution, ignoring individual rights and process and squashing the little guy. It's a stance against the "do as I say, not as I do" hypocrites.

The ACLU does not take cases they can't win. Those of you whom do not support this man, support the ideology of the government doing all of the above to you and more.

The town of Cary gave this guy $5000 to ruin his his front yard and make his home unable to be sold. Even if they fix the drainage issues, his home has still lost all its ability to be sold. And the drainage issues should have never happened in the first place! I hope and believe he will win.
Obviously in error.
It certainly can be sold.
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Old 11-20-2009, 07:35 AM
 
Location: SE Florida
392 posts, read 1,096,177 times
Reputation: 529
Quote:
Originally Posted by MikeJaquish View Post
Obviously in error.
It certainly can be sold.
At fair market price? At the same price it would have sold for into today's market had his front yard not been demolished and made into a grand canyon cliff that sloped right into his front living room?

All the government needs to claim eminent domain, is a simple study showing improved commerce conditions for an area. Perhaps a new shopping center across from your home would improve the community? Well give ya $5000 to chop your front yard in half and make a ski slope into your living room and then when you show anger and protest, we will shut you up with threats of fines.
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