Monthly Archives: December 2009

Variance for cell tower pokes a hole in Columbia’s height ordinance

Posted on December 22, 2009 by Harry Styron

Boards of adjustment can grant variances from zoning ordinances. But why should they?

What purpose is served by a government agency playing favorites?

The Missouri court of appeals affirmed the Columbia board of adjustment’s decision to allow Sprint to erect a 95-foot cell tower, disguised as a flagless pole, in a zoning district where structures taller than 41 feet were prohibited.

The court’s decision, The Highlands Homes Association v. Board of Adjustment, dated December 22, 2009, Read the rest of this entry →

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The Constitution still keeps the government at bay, but lets jerks get by

Posted on December 15, 2009 by Harry Styron

Eddie Wade, heading north from Fayetteville, was stopped at a roadblock, where he was arrested for driving drunk. The trial judge dismissed the charges, and the sheriff appealed to the Arkansas Supreme Court. The dismissal was upheld. Not because Eddie Wade was sober, but because the Benton County Sheriff set up his roadblock in Washington County.

Eldon Bugg befriended an elderly woman at church and borrowed money from her, signing a promissory note. He created a false paper to show that his debt had been repaid. Her estate sued him for the debt and got a judgment. He refused to pay, though the court found that he had the ability to pay. Citing him for contempt of court, the judge ordered him to be locked up. The Missouri Court of Appeals ordered his release. As every American knows (or knew during the week that they studied the Constitution) the U. S. Constitution abolished imprisonment for debts.

These appellate decisions, handed down this week–Wade v. Benton County Sheriff and Estate of Downs v. Bugg— show that Read the rest of this entry →

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The after-born shall inherit, leaving the nephew out of luck

Posted on December 10, 2009 by Harry Styron

Elbert and Irma got married. Irma already had a daughter, Deborah. Elbert had a favorite nephew, Robert.

As is often the case, in 1958 Elbert and Irma signed the same will. Not knowing who would die first, their will had to account for both possibilities.

  • If Elbert died first, half of their jointly-owned real estate would go to nephew Robert, who would essentially step into Elbert’s shoes, owning that joint property with Irma.
  • If Irma died first, all her property would be entirely owned by Elbert, until his death, when it would pass in equal shares to Robert and Deborah.

Some time later, Elbert and Irma were blessed with a son, Mark. But the joint will Read the rest of this entry →

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“She must be sane. Her handwriting is beautiful.”

Posted on December 3, 2009 by Harry Styron

How can you tell when somebody has lost the ability to understand a simple transaction? In Ashton Trust v Caraway, an Arkansas court considered an 86- year-old womans’s penmanship in in determining that she knew what she was doing in selling land, even though her son contended that she had Alzheimer’s. Who knew that penmanship could be an important part Read the rest of this entry →

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