most anti-aviation city in the nation

See more info at www.jaxairplane.com

None of us knew about the public hearings. I see hearings advertized
in the Florida Times Union all the time. It is the local Jacksonville
paper with a circulation of about 169,000. This was published twice in
the Financial Times which none of us had even heard of. It has a
circulation of about 5,500 and from what I know of it is the newspaper
of the circuit court and is read by lawyers and politicians, not the
average Jacksonville citizen. What their criteria is for which paper
they publish something like this in is something I don't know.

I do have fourteen audio tapes of two of the city council meetings I am
sorting through to find the relative parts and I will be picking up two
DVDs of meetings tomorrow.

Dan Horton wrote:
Milford or Brian,
We do need information. First we have some information from the public
record.

Like any new ordinance, this one did not spring forth full grown. The
ordinance started with a public reading at a City Council meeting on
May 9th. From there it was referred to the zoning committee for their
May 16th public hearing. It was read again at the next Council meeting
(May 23rd), the floor was opened for public comment, and it was then
rereferred back to zoning. The zoning committee held their next public
hearing on June 6th. It then went back to the Council for the June 13th
meeting, public comment was invited one last time, then the council
members voted 16-aye.

Six public hearings, plus multiple publishings in the local newspaper
of record.

It is clear that Brian's contest with the city was ongoing long before
May. At least one source reports hearing the story from Brain at S&F,
yet Milton infers (in the intial post of this thread) that the new
ordinance was a surprise. He says "the whole thing was put togeather
with the most obscure notification imaginable."

Specific questions:

Did Brian discuss any of his ongoing battle with his local peers,
perhaps at chapter meetings, prior to May? (Recall that he had already
"won" in court at least once, following a citation under older code.)

If yes, did anyone pro-builder (Milford, Brian, Brian's attorney, local
builders, EAA staff or attorney) attend any of the six public hearings?


Dan Horton

Why go and fight it the hard way. This is CLEARLY a violation of
NAFTA as it creates an illegal/unreasonable restraint of trade in
products normally sold without restriction. NAFTA has, in one of its many
chapters, a federal mandate that all laws erected which create restraints
of trade must be abolished. File a motion in Federal court and let the feds
do it.

I'd also get the FAA involved and screw with the cities ability to get
airport
funding until it is overturned.

Have a great day

Scott


wrote in message
oups.com...
I would challenge this regulation as in infringment on Liberty. The
concept of Liberty is recognized in the Constitution's Preamble. It
embodies the notion that men have the right to do what does not harm
the interests of others.

It would be a tough case but you might find a sympathetic judge who
would say "Noise can be regulated, unslightly messes can be regulated,
parking aircraft and airboats in a driveway can be regulated, but a man
has the right to do what he wants in his own home or in his own back
yard so long as it does not infringe on the rights of others. The City
of Jacksonville has not demonstrated how a man working on an airboat or
airplane in his own home or yard infringes in any substantial way on
the rights of others. Accordingly, such acts are protected by the
Constitutional doctrine of Liberty."

If you choose to challenge the law, then go straight to federal
district court and file a simple, plain complaint alledging that the
regulation, as written, deprives you of your liberty under the
Constitution Preamble to do what you want in your own home. Stranger
cases have been won.

Could you please elaborate on what, exactly, he did to draw attention
to himself before the CIty began ticketing him for things that were NOT
violations of local ordinaces?

Facts continue to trickle in.

A partial picture can be found in the court ruling published on Brian's
website:

http://www.jaxairplane.com/images/Final%20Order.PDF

It notes four police calls and parking an airplane project in the front
yard, all prior to the first citation.

Brian, specific question please: In addition to the police calls, how
many times were you visited by someone from the zoning enforcement
office prior to the first citation?

Dan Horton

You clearly don't have a clue.

Jim



"pbc76049" wrote in message
...
Why go and fight it the hard way. This is CLEARLY a violation of
NAFTA as it creates an illegal/unreasonable restraint of trade in
products normally sold without restriction. NAFTA has, in one of its many
chapters, a federal mandate that all laws erected which create restraints
of trade must be abolished. File a motion in Federal court and let the
feds do it.

I'd also get the FAA involved and screw with the cities ability to get
airport
funding until it is overturned.

I can apologize for myself when necessary, thank you very much.

Figured you would say that g No problem Ernest, I understand.

Councilmen passing laws (snip) because they are '****ed' is no more
excusable than the use of all seven words.

Couldn't agree more. I too find Ordinance 2006-543-E to be
reprehensible.

Dan

Councilmen passing laws (snip) because they are '****ed' is no more
excusable than the use of all seven words.

Couldn't agree more. I too find Ordinance 2006-543-E to be
reprehensible.

All true, but you have to know who has the power in life, and then not ****
on his tire.

The use of the "seven last words" was the straw that broke the camel's back,
I fear. I hope he enjoyed them, because I always want to leave a scr*wing
with a smile on my face.

The results are predictable.
--
Jim in NC

"Brian" wrote:
Lots of people have asked me to put up some pictures on my web site so
they could get an idea on what my house looks like compared to the
other houses in my neighbohood. Some people are assuming that I live
in a beautiful neighborhood and I have an airplane junkyard on my front
lawn. Looking at the pictres should give everyone a sense of what the
truth really is. I have also added to the questions section. Look at
www.jaxairplane.com.

Looks like an average neighborhood; neither a yuppie one nor a blighted
one, IMHO. Nothing about your planes looks out of the ordinary.

By the way, I plugged your address into Google maps and got the following
satellite image:

http://www.google.com/maps?f=q&hl=en...00339&t=k&om=1

I also want to thank a lot of the people that have voiced their opinion
and sided against me. With few exceptions, those giving an opinion
different than mine have been courteous and not started an email flame
war.

That's pretty cool. I hope you do well in your fight against city hall.

Brian wrote:
Lots of people have asked me to put up some pictures on my web site so
they could get an idea on what my house looks like compared to the
other houses in my neighbohood. Some people are assuming that I live
in a beautiful neighborhood and I have an airplane junkyard on my front
lawn. Looking at the pictres should give everyone a sense of what the
truth really is. I have also added to the questions section. Look at
www.jaxairplane.com.


It appears that short chain link fence was replaced by a six-foot
solid wood board privacy fence. Who owns that fence?

--

FF

Me.

wrote:
Brian wrote:
Lots of people have asked me to put up some pictures on my web site so
they could get an idea on what my house looks like compared to the
other houses in my neighbohood. Some people are assuming that I live
in a beautiful neighborhood and I have an airplane junkyard on my front
lawn. Looking at the pictres should give everyone a sense of what the
truth really is. I have also added to the questions section. Look at
www.jaxairplane.com.


It appears that short chain link fence was replaced by a six-foot
solid wood board privacy fence. Who owns that fence?

--

FF

I also want to thank a lot of the people that have voiced their
opinion
and sided against me.

Brian, there is not a soul here sided against you.

You have kids, right? You'll always love them no matter what, but
there will be times when you think they have practiced poor judgment.
When they continue to exercise the same poor judgment, you're likely to
be just a little peeved.

Listen to me son. You skirmished with your neighbor and thought you
won. You didn't. They simply brought the city into it. You
skirmished with the city repeatedly and thought you won. You didn't.
They just pulled out a bigger gun, and worse, you were asleep while
they did it. Now you want to go into a bigger gunfight, and trust me,
they have cannons loaded and ready. The problem now is that all the
homebuilders in JAX are gonna get shot with you. Actually they already
have, and it was unnecessary.

My guess is that you are unlikely to prevail in municipal court when
faced with a custom-written ordinance, so you're probably thinking
about a grand fight that includes an appeal to a higher court. If you
lose there, similar ordinances become attractive to other
municipalities.....and we have pain nationwide.

Even if you win in municipal court or get a reversal later, what
makes you think the city will retreat?

You have every right to chart your own destiny. You don't have a
right to escalate your neighbor quarrel until others lose their right
to work quietly at home. Settle it. Move if you have to. Get a place
in the country and build the shop of your dreams. Stop being an
irritant and let cooler heads work to reverse the ordinance.

Dan Horton