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On Wed, 14 Mar 2007 10:55:16 -0600, rw
wrote: wrote: There are a fair amount of knowledgeable (and, well, imaginative) folks here, and I'm looking for help. A tire recycler in Gulfport. MS got Katrina'ed, and there are tires out the wazoo (that's a whole bunch of tires) on his property. Long story short is that there are tires, a problem with them, and I figured good ol' ROFF is as good a place as any to ask if anyone has any ideas, contacts, wants to Google beyond what we've done, or ??? And for the record, I have no interest in the problem directly beyond that as a concerned citizen. And to go even further, if someone knows something that results in money being made, and I somehow wind up being able to direct any of it, it goes to charity. Thanks in advance, and all ideas welcome, R Let them eat tires. Actually, the problem may be solved. Some wag used an offshore shell corp to buy up some land in some backwater ******** called Stanley, Idaho, hire a bunch of illegal workers to load 'em up, and send them to the new dumpsite. Then **** it, it'll be that place's problem. Any if any of the dip****s that inhabit this Stanley place wanna get their panties in a twist over it, I sure hope folks up that way are well-versed in Seychelles law... |
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On Wed, 14 Mar 2007 12:06:03 -0400, "Wayne Harrison"
wrote: "Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. . Faced with paying many hundreds of thousands of dollars he didn't have, he ended up serving time and losing the business. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. How? If the zoning change made whatever use illegal, and the owner continued to allow a situation he created to exist, there's nothing ex post facto. They wouldn't need to worry about charging him about what was once legal or such - he would have been breaking the current law instant to his being charged. TC, R i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing) |
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On Mar 14, 3:21 pm, wrote:
On Wed, 14 Mar 2007 12:06:03 -0400, "Wayne Harrison" wrote: "Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. . Faced with paying many hundreds of thousands of dollars he didn't have, he ended up serving time and losing the business. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. How? If the zoning change made whatever use illegal, and the owner continued to allow a situation he created to exist, there's nothing ex post facto. They wouldn't need to worry about charging him about what was once legal or such - he would have been breaking the current law instant to his being charged. TC, R i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing)- Hide quoted text - - Show quoted text -- Hide quoted text - - Show quoted text - well, richard, that theory would preclude the protection of ex post facto in every case. now, the municipality might be able to take some sort of *civil* action to require a cleanup in what would likely be termed "the abatement of a nuisance", but prosecuting him *criminally* is not constitutional. yfitons wayno |
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On Mar 14, 11:06 am, "Wayne Harrison" wrote:
"Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. . Faced with paying many hundreds of thousands of dollars he didn't have, he ended up serving time and losing the business. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing) The guy's name was Carl Trant, and IIRC, he wasn't jailed for possession of the tires, but for contempt of court, because he didn't pay the fines that were levied against him. He served a short time in jail, moved away from the area. and was killed in an accident involving a car crusher at another junkyard. The taxpayers ultimately paid to have the tires removed.....I think there were close to 1,000,000 of them. |
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George Adams typed:
On Mar 14, 11:06 am, "Wayne Harrison" wrote: "Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing) The guy's name was Carl Trant, and IIRC, he wasn't jailed for possession of the tires, but for contempt of court, because he didn't pay the fines that were levied against him. He served a short time in jail, moved away from the area. and was killed in an accident involving a car crusher at another junkyard. Hmmm. . . that sounds just like a scene from Godfather, eh? The taxpayers ultimately paid to have the tires removed.....I think there were close to 1,000,000 of them. Thanks for the clarification, George. I'll be damned if I can remember, but weren't the fines related to having the tires? -- TL, Tim ------------------------- http://css.sbcma.com/timj |
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On 14 Mar 2007 12:42:03 -0700, "
wrote: On Mar 14, 3:21 pm, wrote: On Wed, 14 Mar 2007 12:06:03 -0400, "Wayne Harrison" wrote: "Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. . Faced with paying many hundreds of thousands of dollars he didn't have, he ended up serving time and losing the business. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. How? If the zoning change made whatever use illegal, and the owner continued to allow a situation he created to exist, there's nothing ex post facto. They wouldn't need to worry about charging him about what was once legal or such - he would have been breaking the current law instant to his being charged. TC, R i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing)- Hide quoted text - - Show quoted text -- Hide quoted text - - Show quoted text - well, richard, that theory would preclude the protection of ex post facto in every case. now, the municipality might be able to take some sort of *civil* action to require a cleanup in what would likely be termed "the abatement of a nuisance", but prosecuting him *criminally* is not constitutional. Again, how so? He wouldn't be charged with anything for what he did prior to the law change, but would have been charged with his illegal _current_ activity. For example, if Studs McCrapsgame runs a currently-legal game in Anytown, North Virginia, and the law changes, but Studs keeps running the game, his being charged under the changed law for contemporary violation of it is not ex post facto. What you _seem_ to be suggesting, although I can't imagine that you would, is that ex post facto protection extends to future acts after a law change. As to the civil v. criminal aspect, I'd offer that the charges would not have stemmed from the (then-legal) creation of the dump, but rather the failure to clean it up after having been so ordered under the new law(s). I'm not suggesting it was the proper action by the city, county, or whatever, merely that it doesn't seem to involve anything ex post facto. TC, R yfitons wayno |
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On Mar 14, 4:05 pm, "Tim J."
wrote: George Adams typed: On Mar 14, 11:06 am, "Wayne Harrison" wrote: "Tim J." There was a business up here in MA that ran into a similar problem about 10-12 years ago. After a zoning change, the owner was told he's have to remove the tires he'd been collecting for more than a decade because of the fire hazard, about the same number you mentioned, or go to jail. whoa, nellie! that would be unconstitutional on more than one basis, imo. most obviously, the imposition of a criminal penalty against conduct that was not criminal at the time it was initiated would be a clear violation of the "ex post facto" clause. i don't get it. any details on this "prosecution"? news articles? the guy's name? yfitons wayno(not that i don't believe you--i just think there's something missing) The guy's name was Carl Trant, and IIRC, he wasn't jailed for possession of the tires, but for contempt of court, because he didn't pay the fines that were levied against him. He served a short time in jail, moved away from the area. and was killed in an accident involving a car crusher at another junkyard. Hmmm. . . that sounds just like a scene from Godfather, eh? The taxpayers ultimately paid to have the tires removed.....I think there were close to 1,000,000 of them. Thanks for the clarification, George. I'll be damned if I can remember, but weren't the fines related to having the tires? -- TL, Tim -------------------------http://css.sbcma.com/timj- Hide quoted text - - Show quoted text - Yes. I don't recall any zone change, I think he simply exceeded the number of tires he was allowed to store. My memory isn't the best, but I think at one time he was planning to grind them up himself. When that fell throgh he just kept accepting tires even though he had no way to dispose of them. |
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On Mar 13, 9:16 pm, wrote:
There are a fair amount of knowledgeable (and, well, imaginative) folks here, and I'm looking for help. Send them to Sterling Connecticut they have a 26 Megawatt tire- burning power plant that burns about 10 million tires annually. It's a power plant that people pay you to give you the fuel. A tire recycler in Gulfport. MS got Katrina'ed, and there are tires out the wazoo (that's a whole bunch of tires) on his property. Long story short is that there are tires, a problem with them, and I figured good ol' ROFF is as good a place as any to ask if anyone has any ideas, contacts, wants to Google beyond what we've done, or ??? And for the record, I have no interest in the problem directly beyond that as a concerned citizen. And to go even further, if someone knows something that results in money being made, and I somehow wind up being able to direct any of it, it goes to charity. Thanks in advance, and all ideas welcome, R |
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