Jury says Philly eviction illegal; city may appeal

[JoeBob]

Calico - hope you caught a few big ones.

 

Whichever half of the split hair you're holding, my post was about media bias against Scouting. The original article failed to make note of the Scouts building a structure worth X dollars, which is how they secured favorable lease terms in the first place.

 

Now I'm gone fishin'.

JoeBob

[boomerscout]

"The Bruce Marks Scout Resource Center in Philadelphia was built in 1929. The Beaux Arts style building was designed by architect Charles Klauder.[3] At the time city fathers invited the Scouts to move their offices to the Benjamin Franklin Parkway.[4] The building was built and paid for by the Scouts, and turned over to the city with the understanding that the Scouts would be allowed to remain in it rent-free "in perpetuity."[5][6] The building is located at 22nd and Winter Streets.[3] The first copy of the R. Tait McKenzie sculpture The Ideal Scout stands outside the building.

 

The City of Philadelphia says that it cannot allow organizations that receive city benefits to discriminate and are poised to evict the council from their city-owned service center building on the Benjamin Franklin Parkway. The Historic Landmark building laden with Scouting symbols was built and paid for by the Scouts on city land at the city's request in 1929 and the cost of maintenance and renovation has been borne by the Boy Scout council ever since.[7]"

Seems like a ground rent: de facto, if not de jure

 

 

[Frank17]

It all seems to be about money: If Philly found the scouts violated their City Charter, what difference does it make if they pay rent or not. The violation of the charter remains. But over the past 80 years, the land has become prime real estate and Philly (like almost all other major cities & states) is looking to plug some financial holes.

[Merlyn_LeRoy]

If Philly found the scouts violated their City Charter, what difference does it make if they pay rent or not. The violation of the charter remains

 

No, Philly was violating the charter by leasing land to the BSA at less than market rates; there's no problem if the BSA leases land from Philadelphia at market rates.

[evmori]

The BSA was leasing the land for many many years below market rate according to the agreement they entered into.

[Merlyn_LeRoy]

Yes Ed; like I just pointed out, Philadelphia was in violation of their own regulations.

[Eagle92]

Problem as i see it with a quick lit search for the charter is that the City charter was created/amended in 1952, well after the agreement with the BSA.

[Merlyn_LeRoy]

What's the problem with that, Eagle92? The agreement with the BSA always had a 1-year cancellation clause.

[BadenP]

Well except for Merlyn and ED does anyone else really even care about this case anymore, lol?

Especially with much more important news going on around the world, this case is but a pimple in the annals of justice.

[evmori]

Just another win for the BSA.

[Merlyn_LeRoy]

Looks like the city will appeal, citing the recent Martinez decision by the supreme court, and claiming the jury verdict is inconsistent:

http://www.law.com/jsp/article.jsp?id=1202463341027&Philadelphia_Cites_Recent_US_Supreme_Court_Case_in_Bid_to_Overturn_Scouts_Verdict

[Engineer61]

Great!

 

That means the KKK and Aryan Nation can get the same thing!

 

Juries are idiots.

[bacchus]

"Juries are idiots."

 

Be aware that when you say this, you are also calling the judge an idiot. He has the power to issue a Directed Verdict. He is also the trier of law while the jury is merely the trier of fact.

 

Did you ever notice that juries don't write opinions, but just say YES or NO to the questions that are asked of them?

[Merlyn_LeRoy]

The judge could be an idiot; he was in Boy Scouts and didn't recuse himself.

[evmori]

The judge could be an idiot; he was in Boy Scouts and didn't recuse himself.

 

Not even an issue!