Garden for 17 Years? We'll make it illegal!

Discussion in 'Off-topic' started by Malum Prohibitum, Apr 19, 2019.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    http://www.abajournal.com/news/arti...ro&utm_medium=email&utm_campaign=weekly_email

    The Senate acted after Florida residents Tom Carroll and Hermine Ricketts lost their battle to grow a front yard vegetable garden. The couple had grown vegetables in their front yard for 17 years until the village of Miami Shores changed its zoning ordinance to relegate vegetables to the backyard.​



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    They lost at the Court of Appeals, and the Fla. S. Ct. refused to hear the case.

    The appeals court used a rational basis test to review the ordinance and found that it was rationally related to the village code’s design standards and landscaping regulations.​

    The legislature is looking at taking the power to enact such zoning over vegetable gardens away from counties and municipalities.
     
  2. Craftsman

    Craftsman Well-Known Member

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    Rational basis is legalese for "F*** off, peasant."
     
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  3. Nemo

    Nemo Man of Myth and Legend

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    About time.

    Nemo
     
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  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I summarily rejected validity of all zoning for aesthetics. If you want a law to regulate your neighbors' conduct regarding the beauty and appearance of their property, buy in a subdivision with restrictive covenants. (And even those should have to be reasonably written and reasonably applied.)

    But if you are not in a restrictive covenant neighborhood, you should be able to make your property as ugly as you want as long as it's not a real health and safety hazard.

    You think you are "entitled" to have a view of a "nice" manicured lawn from your front window? Buy a big enough piece of property so that all of the land that you can see out your front window was your own. That way you can do with it whatever the *^# you want.

    If your neighbor wants to grow vegetables on his front lawn that's his business --not yours.
    Mind your own f*++^ business.
     
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  5. Wegahe

    Wegahe NRA Instructor

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    They should have won on the basis of of it being grandfathered because it was there before the restrictions.
     
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  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Does the grandfather / due process doctrine apply to a garden that dies-off every year, contains no living plants during the winter, and has to be re-planted each Spring?
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I think having junk cars up on blocks in your front yard, or sinking into the ground with weeds all around them, is horrible and ugly. It's a terrible thing for a person to do to their own yard, and it certainly does impact all their neighbors. Homes will be worth less because of this idiot redneck white trash in the subdivision.

    That being said, if I could make all the laws the way I want them, I'd be pretty libertarian on zoning and land use ordinances, and I think I'd even allow non-running cars and old appliances on the property. As long as it's not to the point that it looks like they're running a salvage yard for recycling scrap metal, and as long as the clutter in the yard isn't an actual (not speculative) home to nuisance animals in a way that natural woods and fields would not be.
     
  8. Wegahe

    Wegahe NRA Instructor

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    Are the forms removed? Is the tilled soil removed and other soil put in it's place? What about the garden lime? Whither or not the plants are growing the garden is still there. It can still be distinguished between regular lawn and garden simply by casual observation.
     
  9. EJR914

    EJR914 Cheezburger Operator

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    I think back to our Chicken man. RIP Andrew Wordes.
     
  10. moe mensale

    moe mensale Well-Known Member

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    The original article has a link to another Miami Herald article where you can see the garden. It's not what you might be expecting. It's actually quite attractive and looks a lot nicer than many of the front yards I see around our home.
     
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  11. moe mensale

    moe mensale Well-Known Member

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    Considering they're in south Florida that's a moot point. Year round garden. But it could be an issue in other places.
     
  12. moe mensale

    moe mensale Well-Known Member

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    I'd much rather look out upon a well maintained veggy garden than the above. We're not talking about real "farms" here. In ground or above ground garden plots can be quite attractive and not much different than those people who plant their front yards with more natural flora to avoid having lots of grass to maintain.
     
  13. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    Besides not passing the ordinance, they could have made existing gardens legal-non-conforming, which would have grandfathered them.
     
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  14. OWM

    OWM Well-Known Member

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    Come And Take It IMG_2738.JPG
     
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  15. moe mensale

    moe mensale Well-Known Member

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    Your mailman must have a bitch of a time getting his truck in there! :lol:
     
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  16. OWM

    OWM Well-Known Member

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    Mail Box is storage for small hand tools and other Garden stuff. Good conversation piece.
     
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