BTW Verto, try reading the actual case - First Unitarian v. Salt Lake, 308 F.3d 1114.
And I quote, "The first recommendation, that the City retain an easement for public use "planned and improved so as to maintain, encourage, and invite public use," was a condition of the ordinance as approved by the City Council. Id. vol. I at 191." First Unitarian, 308 F.3d at 1118.
So in order for the sale to meet the requirements of the law, the easement was to include public use - including protests. The city pulled a fast one by adding a bit about the easment not to be construed to necessarily apply to activiteis other than walking. So, the city tried to have it both ways.
The court then looked at how to interpret the easement in terms of the authorizing legislation.
"the City's actions approving the sale and the resulting property ownership structure were specifically designed to ensure these aims were accomplished, and the pedestrian easement was central to these goals. The ordinance the City Council passed approving the street closure and sale--the City's necessary legislative act for closing and selling a public street--was expressly contingent on several conditions. The first of these was that the City retain a perpetual pedestrian easement "planned and improved so as to maintain, encourage, and invite public use." Id. vol. I at 191" First Unitarian at 1126.
Since the sale was authorized by the underlying ordinance, the terms of the ordinance had to be respected.
Next time, read the case before you argue.
PWNED
And I quote, "The first recommendation, that the City retain an easement for public use "planned and improved so as to maintain, encourage, and invite public use," was a condition of the ordinance as approved by the City Council. Id. vol. I at 191." First Unitarian, 308 F.3d at 1118.
So in order for the sale to meet the requirements of the law, the easement was to include public use - including protests. The city pulled a fast one by adding a bit about the easment not to be construed to necessarily apply to activiteis other than walking. So, the city tried to have it both ways.
The court then looked at how to interpret the easement in terms of the authorizing legislation.
"the City's actions approving the sale and the resulting property ownership structure were specifically designed to ensure these aims were accomplished, and the pedestrian easement was central to these goals. The ordinance the City Council passed approving the street closure and sale--the City's necessary legislative act for closing and selling a public street--was expressly contingent on several conditions. The first of these was that the City retain a perpetual pedestrian easement "planned and improved so as to maintain, encourage, and invite public use." Id. vol. I at 191" First Unitarian at 1126.
Since the sale was authorized by the underlying ordinance, the terms of the ordinance had to be respected.
Next time, read the case before you argue.
PWNED









Comment