Friday, April 24, 2009

Speaking of the Rule of Law

Magna is a peculiar institution.  For decades it has been run by two entities: the Town Council and the Community Council.  If you wanted to do something that required a land use decision, you needed the approval of both.

That's the problem.  While state law gives such authority to the Town Council, it gives no such authority to the Community Council.  The Community Council is simply a private entity that has been allowed to wield authority as if it were public.

I will readily admit that the Community Council has done a lot of good things for Magna.  That's not the point.  Suppose you wanted to develop some property or build a facility for your business, and you were told you would have to get the approval of the local Chamber of Commerce or Lions Club or Shriners or American Legion Auxiliary or whatever.  A group that can meet and decide in private.  Or not meet at all; a few, key members could simply get together at a church potluck and decide the fate of your proposal.

Why should any private group have that kind of power?  It shouldn't.  That's why such decisions need to be made by entities that are established and controlled by law.  The laws are there to protect you, and if you don't believe it, imagine the fate of your business hanging on the decision of the local ladies' book club after they've finished discussing Twilight.

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At June 29, 2009 at 10:15 PM, Blogger Raj said...

Law has to be above all.
Boise real estate

At August 3, 2009 at 12:59 PM, Blogger Knute Rife said...

Yep. We have too many examples of what happens when it isn't.


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