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Davenport’s battered barn to stay just that
Santa Cruz Sentinel ^ | February 19, 2005 | Genevieve Bookwalter, Sentinel Staff Writer

Posted on 02/20/2005 12:31:02 AM PST by Seadog Bytes

Davenport’s battered barn to stay just that

Sierra Club court victory ends plan for wine and cheese shop

By GENEVIEVE BOOKWALTER
SENTINEL STAFF WRITER

DAVENPORT — David Luers had a dream: Buy the dilapidated barn off Highway 1, demolish it and build a wine and cheese shop he’d run with his wife.

Santa Cruz County officials approved the plan, as did the state Coastal Commission.

But nine years after buying the abandoned structure at Highway 1, Old Coast Road and Davenport Avenue, Luers is living in Idaho, where he’s running a gift shop and wondering how he can unload the property.

Earlier this month, a San Francisco Superior Court judge agreed with Sierra Club arguments that Luers’ plans for a 6,000-square-foot building encroached on environmentally sensitive San Vicente Creek — home to protected coho salmon, steelhead trout and red-legged frogs.

(Excerpt) Read more at santacruzsentinel.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: barn; california; coastalcommission; constitution; constitutionalrights; davenport; david; davidluers; denied; environment; envirowacko; extortion; fifthamendment; frogs; habitat; judicialactivism; leftist; luers; overregulation; propertyrights; regulatorytaking; salmon; sierraclub; steelhead; taking; trout; wineandcheeseshop
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To: sergeantdave

Shoulds and Oughts. Depends upon whether the victim has the resources to keep fighting. From the original article, it sounds like he may not.


41 posted on 02/21/2005 1:56:01 PM PST by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Seadog Bytes

I just don't see much here that passes the USSC's Dolan tests, such as an essential nexus between the government's denial of his property use and its connection to some public use.

How the heck is a wine and cheese shop going to harm stupid fish in a creek?

Looks like pure eco-fascist harassment against a property owner.


42 posted on 02/21/2005 2:23:57 PM PST by sergeantdave (Smart growth is Marxist insects agitating for a collective hive.)
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To: Seadog Bytes

All I see is a black rectangle.


43 posted on 02/21/2005 2:52:07 PM PST by Lady Jag (Honor)
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To: sergeantdave

You're not from around here, ARE you Sarge...???!!! (...grin)
This Davenport thing is just the most recent of many...

...Here's another from my 'bottom drawer', for example....


44 posted on 02/21/2005 2:54:45 PM PST by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Lady Jag
Oh Sorry -- it was a '.png' file. Worked okay in Firebird, but MSOutlook didn't like it either. Maybe it's another 'Billy Gates' "feature"...? ...Guess I ought to stick with jpegs until I figure out why that happened! (Clues appreciated -- truly!!!) Here's the same image as a jpeg...


45 posted on 02/21/2005 3:05:27 PM PST by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Seadog Bytes

Geez, Seadog, Commifornia is worse than I knew. Haven't seen that little tidbit.


46 posted on 02/21/2005 3:57:13 PM PST by sergeantdave (Smart growth is Marxist insects agitating for a collective hive.)
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To: Seadog Bytes

I wonder what kind of environmental impact there will be when this frustrated landowner douses the barn in gas, sets it on fire, and bulldozes the land.


47 posted on 02/21/2005 4:02:59 PM PST by July 4th (A vacant lot cancelled out my vote for Bush.)
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To: Seadog Bytes; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; ..
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
48 posted on 02/21/2005 5:40:13 PM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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To: Seadog Bytes

>>>home to protected coho salmon, steelhead trout and red-legged frogs

Why are these protected? They seem to be abundant at every small construction site proposed in California.
What a coincidence!


49 posted on 02/21/2005 6:21:17 PM PST by calcowgirl
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To: calcowgirl; Seadog Bytes
They seem to be abundant at every small construction site proposed in California.

Too bad we can't make construction sites the endangered species.

50 posted on 02/21/2005 6:22:58 PM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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To: Seadog Bytes
Steve Noren of Thunderbird Real Estate in Capitola said he’s heard from a few interested buyers. Luers hopes to recoup about $450,000 he owes for the property and costs related to the planned development, Noren said. Otherwise, Noren said, Luers might have to declare bankruptcy.

My good friend holds the first mortgage on that property...he's not worried.

51 posted on 02/21/2005 6:34:17 PM PST by lewislynn (The meaning of life can be described in one word...Grandchildren)
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To: farmfriend; calcowgirl
RE: "Too bad we can't make construction sites the endangered species."

...or HUMANS...???


52 posted on 02/21/2005 6:55:55 PM PST by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Seadog Bytes
...or HUMANS...???

No, now we are talking invasive species. They are evil and not natural!

53 posted on 02/21/2005 6:57:11 PM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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To: farmfriend

>>now we are talking invasive species. They are evil and not natural!

LOL! Good one!


54 posted on 02/21/2005 7:33:37 PM PST by calcowgirl
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To: farmfriend

Too bad we can't make construction sites the endangered species."

Translated: you got yours, screw everybody else.


55 posted on 02/21/2005 8:09:41 PM PST by philetus (What goes around comes around)
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To: farmfriend
RE: "No, now we are talking invasive species. They are evil and not natural!"

"...The kind of population pressures and ecosystem destruction that we humans are now wreaking upon the body of Earth, are exactly analogous to the excessive multiplication of cells and systemic malignancy that we recognize in medicine as cancerous tumor. Indeed it is no exaggeration to say that humans have become a plague upon the Earth."

Trumpeter (1993) ISSN: 0832-6193
The Split Between Spirit and Nature in European Consciousness
Ralph Metzner -- Green Earth Foundation
Ralph Metzner is the founder and president of the Green Earth Foundation, dedicated to harmonizing the relationships between humanity and the Earth, PO Box 327, El Verano, CA 95433

/ecoidiocy

56 posted on 02/21/2005 8:16:45 PM PST by Seadog Bytes (“The people never give up their liberties but under some delusion.”—Edmund Burke)
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To: Seadog Bytes

Don't happen to have a pic of those red-legged frogs, do you?


57 posted on 02/21/2005 8:29:48 PM PST by Old Professer (As truth and fiction blend in the Mixmaster of History almost any sauce can be made palatable.)
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To: Seadog Bytes
Never mind, found one:


58 posted on 02/21/2005 8:33:41 PM PST by Old Professer (As truth and fiction blend in the Mixmaster of History almost any sauce can be made palatable.)
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To: Seadog Bytes
Back in the 20th century my brother had the mail route out Swanton Road to just beyond Big Creek Lumber. The Post Mistress was a nice lady by the name of Myrtle and she lived in Davenport. I rode with him a few times. He is gone now but my sister and niece still live in SC. I'll be visiting them in early April as my sister has lung cancer.

I am amazed the CC approved this project. I am amazed when they approve any project on the coast...

59 posted on 02/21/2005 8:41:19 PM PST by tubebender
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To: philetus
Translated: you got yours, screw everybody else.

Huh? Care to explain that?

60 posted on 02/21/2005 9:55:29 PM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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