Grames

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  1. To wrap "Coming to the Nuisance" up with the thread topic, although zoning is wrong I think if there was statutory law and judicial precedent establishing CttN as the sole method of working out disputes over property rights it would still be possible to legitimately hinder the conversion of the particular building selected into a flashy mega-mosque. The property was only affordable to buy for mosque purposes due to the direct damages from the impact of a jet engine crashing through the roof and decrease in property value due to the loss of foot traffic from the destruction of the Trade Center Towers and complex. Since the cause of that damage and destruction was persons acting in the name of Islam it seems morally dubious that Islam should profit from the damage by acquiring property that would have been otherwise unavailable. An assist from a common law principle known as the "slayer rule" might be in order to complete the case. The hindrance would not be to muslims purchasing property, but only converting particular properties into mosques. In sum, the impulse to stop the mosque is not obviously morally wrong on the basis of property rights. Other people in New York have property rights also, some of those rights have priority over what rights the mosque builders may assert.
  2. David Wilens is up to the task. See the 4 part series of articles in Capitalism Magazine advocating the replacement of zoning laws with the judicially applied "Coming to the Nuisance" doctrine. The Evils of Zoning: Subjecting Landowners to Arbitrary Whim Isn’t Zoning Necessary to Prevent Nuisances? (Part 2) The Antidote for Zoning: Bringing Objectivity to the Land Development Process (Part 3) The Antidote for Zoning: The “Coming to the Nuisance” Doctrine (Part 4)
  3. There is finally a trailer out for this movie. It is good to see Daniel Day Lewis is not too old for an action hero role.
  4. The article's author is a Richard J. Campbell. The names Richard and Robert are different and I infer that the persons referred to are different. It is a good article though, thanks for the link.