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That case set a ZONING precedence .. not a 'cut your grass and no lawn gnomes' -precedence.
That case relates more to Mt. Pleasant's ordinances that had been used to block 'Big Box Stores'.
And the case you reference is nearly 100 years old at that. It wouldn't be the first time the Supreme Court has reversed itself (as it has done so over 130 times since 1946).
Pointing out the obvious, but the legal precedent that you're basing your argument on is over 225 years old. If a relevant court case that provides a basis for a legal decision is 25, 50, 100, or 200 years old, it is what it is.
Zoning laws are the basis of property laws. It's the same reason that the lady can't start a pig farm on her property, or open a auto repair shop. And this has nothing to do with the protection of the person from animal waste or pollution, it's to create desirable areas for residential development (as determined by the residents of that area).
If you care to look, you can find many cases on the internet, other than Wikipedia, where the constitutionality of city ordinances where upheld by lower courts.
Finally, living in a Democracy doesn't guarantee the rights of the minority, for better or for worse. Your approval or denial of authority begins and ends at the ballot box, and if the outcome isn't what you want, you're free to move anywhere else in the country.
And you don't have to drive a Lamborghini to be an elitist snob. ( I mention Lamborghini because I saw one driving around West Ashley today .. but that's for another thread).
There you go stereotyping again. Since you mentioned snobbery and Lamborghini in the same sentence...
I know a gent who was given a Lambo when he was 16. Yes, his family is fairly well to do. They are the most down-to-earth people you'll ever meet.
I can't believe this thread has exploded the way it has.
My final rambling thoughts on the subject:
Elitists: those whose views on a matter are to be taken the most seriously or carry the most weight; whose views and/or actions are most likely to be constructive to society as a whole; or whose extraordinary skills, abilities or wisdom render them especially fit to govern.
Mount Pleasant residents take a lot of abuse simply because others don't approve of their chosen lifestyle. Personal freedoms are bandied about in here like the holy grail. Clearly for many of you the rights of the collective are meaningless when they butt against the rights of an individual, and that is such a clear sticking point for people that debating it is really pointless.
The people who write and maintain these laws and ordinances are voted into their positions, and the people of Mount Pleasant can vote them out if they don't agree with their stances.
There are pocket communities just like Mount Pleasant all over the country who run their cities the same, and people move to those cities because they like it that way. These cities aren't expanding all over the globe destroying liberty as we know it. They are just living their happy little manicured lives, wishing the people outside the city limits would leave them to it.
Honestly, if someone spent more than five minutes house hunting in MP and didn't realize that the city was going to be strict about its aesthetic laws then they weren't very bright. If they DID realize and then made the decision that they still wanted to live here then tough. It's unreasonable to move to a place that is apples, and then try to change it into oranges.
We hear all the time in here about what's "wrong" with Mount Pleasant. The only problem I see is that people living outside of the city limits feel fit to try to dictate how a city they have no interest in living in is run.
Clearly some of you seem to think you are more fit to govern than our MP elected officials. By the above definition that makes YOU elitists too.
Pointing out the obvious, but the legal precedent that you're basing your argument on is over 225 years old. If a relevant court case that provides a basis for a legal decision is 25, 50, 100, or 200 years old, it is what it is.
Zoning laws are the basis of property laws. It's the same reason that the lady can't start a pig farm on her property, or open a auto repair shop. And this has nothing to do with the protection of the person from animal waste or pollution, it's to create desirable areas for residential development (as determined by the residents of that area).
If you care to look, you can find many cases on the internet, other than Wikipedia, where the constitutionality of city ordinances where upheld by lower courts.
Finally, living in a Democracy doesn't guarantee the rights of the minority, for better or for worse. Your approval or denial of authority begins and ends at the ballot box, and if the outcome isn't what you want, you're free to move anywhere else in the country.
First .. the case WAS all about ZONING and nothing to do with lawn maintenance/decor.
Second .. Supreme Court overturning itself is not unheard of ... ESPECIALLY in cases of civil liberties violations.
Other cases outside of wikipedia don't change the question of constitutionality of a law that says your grass must be cut to someone else's standards or that you can't have a mattress in your front yard.
And btw .. I like how you failed to mention that the guy in your linked suit appealed ... nothing in your post about THAT or the results of his appeal(s).
Third .. You are right. If the neighbors don't like her yard they can move.
My final rambling thoughts on the subject:
Elitists: those whose views on a matter are to be taken the most seriously or carry the most weight; whose views and/or actions are most likely to be constructive to society as a whole; or whose extraordinary skills, abilities or wisdom render them especially fit to govern.
Mount Pleasant residents take a lot of abuse simply because others don't approve of their chosen lifestyle. Personal freedoms are bandied about in here like the holy grail. Clearly for many of you the rights of the collective are meaningless when they butt against the rights of an individual, and that is such a clear sticking point for people that debating it is really pointless.
The people who write and maintain these laws and ordinances are voted into their positions, and the people of Mount Pleasant can vote them out if they don't agree with their stances.
There are pocket communities just like Mount Pleasant all over the country who run their cities the same, and people move to those cities because they like it that way. These cities aren't expanding all over the globe destroying liberty as we know it. They are just living their happy little manicured lives, wishing the people outside the city limits would leave them to it.
Honestly, if someone spent more than five minutes house hunting in MP and didn't realize that the city was going to be strict about its aesthetic laws then they weren't very bright. If they DID realize and then made the decision that they still wanted to live here then tough. It's unreasonable to move to a place that is apples, and then try to change it into oranges.
We hear all the time in here about what's "wrong" with Mount Pleasant. The only problem I see is that people living outside of the city limits feel fit to try to dictate how a city they have no interest in living in is run.
Clearly some of you seem to think you are more fit to govern than our MP elected officials. By the above definition that makes YOU elitists too.
The read bolded statement jumped right out at me.
Irony.
One person loses their rights just because two others prefer something different.
I just love how people are all about the majority rules as long as THEIR rights are not the ones being violated.
Oh .. and please provide more than a base, selective definition next time you want to quote a definition.... "Elitism : the selectivity of the elite; especially:snobbery" - as taken from Merriam-Webster.
You realize there are cities where law prohibits the sell of alcohol AT ALL?
I'm SURE that the majority of people there just love that ... ESPECIALLY in a college town.
Oh .. and it was legal to own a slave. Holy hell .. someone elected THOSE law makers too. The same ones that said it was ok for people to whip those slaves in public. SURELY a majority rule should be in place for THAT.
UH OH .. it is illegal to sell peanuts after dark in some towns.
By law, in South Carolina if a man promises to marry an unmarried woman he HAS to marry her.
By law, in South Carolina, no work may be done on Sundays.
Hell .. POKER is illegal in SC .. because some archaic law that was put on the books 100 years ago. Those people were elected. (If you read the law and strictly abide by it, it makes it illegal to even OWN a deck of cards) .. and the people who wrote the law are dead ... so we just stand by the law blindly??
Oh .. and no oral sex on ANY day of the week. Not in THIS state!
Heck .. until recently a person wasn't able to get a tatoo.
And it is still legal for a man to beat his wife on the courthouse steps.
Let's see how many of you talk about how great lawmakers are and 'well there's a law .. you shouldn't have moved there' when someone beats his wife on the courthouse steps and NOTHING can be done about it.
This will be my last rant in this thread.
The "law" in Mt. Pleasant that is being used to prosecute and harass this woman is absurd.
Look at all the pictures and watch the ABC news clip. There aren't PILES of junk and abandoned vehicles all over her yard. Even the reporter in the clip says that until you get right up close (they used a telephoto lens for some shots) the yard looks normal.
Mt. Pleasant DMV -- 15 minutes at most for the initial set up. Now I renew on line.
I didn't read the 11 pages of OMFG DRAMA!!! since this was posted but do they hand out plates too, or is it only licensing? It'd be totally worth it to not have to wait around with the other 300 people at Leeds next time.
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