Just a little bit of levity, and something to think about....

[yfdp]

http://www.mercurynews.com/news/ci_8063034?nclick_check=1

Sunnyvale homeowners told to cut redwoods that block solar panels

Comments

[goodluckfox]

Trees planted first: "which the couple had planted from 1997 to 1999 along the fence separating their yards

[goodluckfox]

Arguably. But there's a rational basis for the statute, and ANY kind of zoning or land-use control can be characterized as a taking. Zoning and land use statutes have held up under constitutional due process analysis. The "due process" argument will very rarely carry the day in a case like this. In fact, you usually get summary judgment in favor of the government.

The "equal protection" issues, on the other hand, provide better ammo to fight City Hall with. Even if there's a rational basis that the government can point to, if what they're doing is arbitrary and applied to a so called "class of one" but nobody else, it will at least survive a motion for summary judgment and the fight can enter the discovery phase. I don't think the homeowners can really make an Equal Protection argument though.

[yfdp]

That sounds about right. It's okay if you had a bush before the solar panels went up, but you need to, ahem, trim your bush, so that it doesn't grow so much that it obscures the panels.

[weemadharold]

Love the userpic. Very mesmerising...