Comments for International Municipal Lawyers Association - Local Government Blog

Comment on Drop that Head of Cabbage, Mister, and Step Back from Your Cultivator with Your Hands in the Air by Ben

Ben — Tue, 08 May 2012 17:06:25 +0000

Although this article is now over 2 and a half years old, it would be interesting to revisit the topic of how municipalities are dealing with cultivation in suburban and even urban areas.

Here in New York City we have recently seen the approval of a 100,000 square foot hydroponic grow operation on the roof of a former Navy warehouse. The developer is a private corporation whose aim is to place these veggie-farms on the roof of every big-box supermarket around the country.

They were successful in having the City grant variances for height and floor area restrictions which would have inhibited the farm, and there are now amendments making their way through the city council which would make rooftop greenhouses as-of-right.

I am curious to see how private individuals react to these zoning changes, and if the City will be more lenient in granting variances which would allow for rooftop gardens which are not commercial-scale greenhouses.

Comment on Acronym of the Day – RLUIPA by Lynn Dannheisser

Lynn Dannheisser — Thu, 06 Oct 2011 15:03:17 +0000

I am the Town Attorney for Surfside, Florida- the place where the Midrash Sephardi/Young Israel case eminated (before my tenure). Although we adopted a RLUIPA overlay district we created after I got here specifically to remediate what were prior bad acts of the Town, Young Israel has sued once again, because, among other things, the Town would not now pass legislation that would allow variances and a height that violates a charter restriction in a built out environment. Learned counsel for Young Israel’s truly believes he can get the Court to enjoin us from imposing this alleged substantial burden. The Town of course believes it must abide by its charter and the congregants should have checked the underlying land use before purchasing the property. Of course, I have oversimplied this recitation of facts and legal positions for blog purposes but this is essentially it. We need the Supreme Court to answer this question and I will follow this with great interest.

Comment on What’s In Is In and What’s Out Is Out by Dick Gray

Dick Gray — Tue, 08 Mar 2011 13:34:39 +0000

It should be known that the Georgia State Bar dismissed the grievance filed against Armstrong and Musser and stated the attorneys acted in a proper manner.

Comment on Drop that Head of Cabbage, Mister, and Step Back from Your Cultivator with Your Hands in the Air by John M. Boehnert

John M. Boehnert — Wed, 29 Sep 2010 20:48:42 +0000

Dwight,

Great piece; you have to do more of these.

Thank God for heads up zoning where perps like this can be brought to justice.

Today peppers, tomorrow poppies!

Attaboy, Dwight!

All best

John

Comment on Drop that Head of Cabbage, Mister, and Step Back from Your Cultivator with Your Hands in the Air by Administrative Law Prof Blog

Administrative Law Prof Blog — Mon, 20 Sep 2010 21:32:57 +0000

For an entertaining example of admin law enforcement…

“Drop that Head of Cabbage, Mister, and Step Back from Your Cultivator with Your Hands in the Air | September 20, 2010″, posted on the International Municipal Lawyers Association – Local Government Blog by Dwight Merriam (Robinson & Cole, LLP,……

Comment on Federalization and FCC PEG Channel Preservation Case by The Expansion of Plainfield Public Access Television- the Verizon FiOS and Comcast Dichotomy « Plainfield Cable TV Advisory Board

Sun, 04 Apr 2010 03:01:38 +0000

[...] are much deeper than what kind of TV any given subscriber may own. It is the idea that a PEG channel addition, allows many more of the city residents to view and passively participate in [...]

Comment on Yellow Ribbons Banned On Town Green by Stockport Solicitors

Stockport Solicitors — Wed, 31 Mar 2010 15:05:10 +0000

This is ridiculous, what kind of age are we living in?? Just leave the damn ribbons up!

Comment on IMLA Founder Charles Rhyne – The Consummate Advocate In His Own Words by Mary Margaret Rhyne Fuqua

Mary Margaret Rhyne Fuqua — Tue, 23 Feb 2010 14:07:17 +0000

I am Charles Rhyne’s oldest daughter. I have always been so proud of him and his many accomplishment’s. He was a farmer from North Carolina who became a great advocate. He was a loving father and a great grandfather. He will be missed by many. Thank you for this blog.

Comment on Yellow Ribbons Banned On Town Green by Neil Calavan

Neil Calavan — Wed, 03 Feb 2010 17:07:00 +0000

This is the most pathetic act that the blue dogs have done yet!! I am a vet of this very war and i am beyond sickened with this act of childish behavior!!! If this so called town thinks they will get away with this well just wait to see what the solders do when they come to that town in protest!!! Oh yea to the NAM vet who had his unpatriotic remarks!! Just because you didn’t get a good welcome home doesn’t mean that i deserve the same!!!!

Comment on Federalization and FCC PEG Channel Preservation Case by Rob - a senior citizen

Rob - a senior citizen — Mon, 04 Jan 2010 18:56:31 +0000

You have an interesting perspective. However, as much as the PEG Channel system is in use, the market for it is shrinking rapidly. When the PEG system came into use, private networks, Satellite services were to small to be of a concern, and the Internet could not deliver the material due to its slowness for access.

However, today, there is a proliferation of private cable networks supplying programming to larger and larger markets, satellite has grown tremendously, and the traditional cable markets have shrunk. The question then becomes whether the cable franchise market is doing the best it can with its smaller market shares then in the past. From my point of perspective, I do not believe the franchise route is the most viable method for distributing the PEG content. Yet, we cannot eliminate PEG for those reasons.

The local governmental units which receive the franchise fees are reducing the amount provided for the PEG channel operational costs. This in turn is drying up the ability to operate PEG channels and thus driving the intent for free flow of information to the public to a nonexistent state.

Congress should get back into the problem and mandate that the PEG channel operators receive a fixed percentage of the franchise fees at a share of at least 50% or more. In addition, the PEG channel charter should be amended to permit the operator to increase market share by broadcast pod casts, video streaming via the Internet, as well as becoming a broadcast entity, free from Cable operators reluctance to offer a quality distribution through their systems.

Only in that method will the public be served as to the reason that PEG channels exist in the first place. All the public, not just a small sliver who subscribe to profit making cable operators like Comcast and Charter Communications.