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To: Alberta's Child
The Scouts, at their own expense, built a breakwater in the Berkely Marina in return for their "perpetual lease" on two spaces for docking. So, the City of Berkeley "stole" the breakwater from the Scouts by keeping it, not paying for it, yet breaching the lease they had agreed to.

Unfortunately, this issue was not properly developed at trial, and therefore could not be presented to the Supreme Court.

John / Billybob

16 posted on 10/17/2006 7:28:35 AM PDT by Congressman Billybob (Have a look-see. Please get involved.)
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To: Congressman Billybob

Perhaps it's time for the Boy Scouts to undertake a special progect for their Berkeley troop . . . "Demolition of Breakwater and Other Marine Infrastructure."


19 posted on 10/17/2006 7:30:39 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Congressman Billybob
Unfortunately, this issue was not properly developed at trial, and therefore could not be presented to the Supreme Court.

So instead of blaming a Communist government and legal system for this, are you saying the Boy Scouts should be suing their own lawyer for his/her incompetence?

21 posted on 10/17/2006 7:34:42 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Congressman Billybob

I wasn't aware that they had built a breakwater.

Any chance that they can sue Berkley for the value (or the cost) of the breakwater...then use the money to buy dock spaces?


32 posted on 10/17/2006 7:49:49 AM PDT by kidd
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To: Congressman Billybob
The Scouts, at their own expense, built a breakwater in the Berkely Marina in return for their "perpetual lease" on two spaces for docking

They weren't given a "perpetual lease". They were granted permission via a resolution which stated:

[T]hat said berth and mooring facilities shall be used by the Boy Scouts of America in accordance with all rules and regulations established by the City of Berkeley relative to the Berkeley Yacht Harbor, and said *permission* herein granted is subject to revocation by a 30 day written notice. (emphasis mine)

94 posted on 10/17/2006 8:51:10 PM PDT by Sandy
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To: Congressman Billybob
The Scouts, at their own expense, built a breakwater in the Berkely Marina in return for their "perpetual lease" on two spaces for docking. So, the City of Berkeley "stole" the breakwater from the Scouts by keeping it, not paying for it, yet breaching the lease they had agreed to.

From what I've heard this was more of a hand-shake agreement between the city and the scouts. There was no legal contract, just an understanding. Unfortunately if Berkley decides to void that understanding then there isn't a lot the scouts can do legally.

100 posted on 10/18/2006 7:55:09 AM PDT by Non-Sequitur
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To: Congressman Billybob

Damn shame they bungled this in court!


104 posted on 10/18/2006 8:07:09 AM PDT by stephenjohnbanker (Our troops will send all of the worlds terrorists to hell in a handbasket with no virgins!)
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