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The judge's name isn't even mentioned, for fear of a lynch mob.

A clear violation of the First Amendment - "free exercise thereof".

1 posted on 11/22/2004 4:03:35 PM PST by TERMINATTOR
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To: TERMINATTOR

I have a feeling that the zoning reg. is just a front to remove the cross because it is a cross and might offend somebody, somewhere, at some time.


2 posted on 11/22/2004 4:09:03 PM PST by crazyhorse691 (We won. We don't need to be forgiving. Let the heads roll!!!!!!!!!)
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To: TERMINATTOR

It doesn't look so structurally unsound as to blow down in a wind and take out a school bus full of orphans... wonder what they're thinking... on private property?

3 posted on 11/22/2004 4:10:17 PM PST by glock rocks (You're on, Bo... which is it... prime rib or Atta Boy?)
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To: TERMINATTOR
Tell them to start making all Federal Govt employees go to work on religious holidays, see how far that one goes.
4 posted on 11/22/2004 4:11:40 PM PST by SF Republican
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To: TERMINATTOR
There's more to it, sir. He's building it close enough to the property line that it could fall into public property and the zoning laws are against that. It looks from this picture it could actually fall into the HIGHWAY lane, and it doesn't look all that sturdy, either.

More info copyright the OakRidger (at http://66.102.7.104/search?q=cache:n5asR4r5IgAJ:oakridger.com/stories/102103/new_20031021049.shtml+%22anderson+county%22+cross+%22jim+potter%22&hl=en):

County to sue man over cross

CROSS: County Attorney David Clark will be filing a lawsuit against James Potter, who erected a cross near Interstate 75 in Clinton.

By: Donna Smith | Oak Ridger Staff donna.smith@oakridger.com

CLINTON - Anderson County commissioners have decided to sue Oneida resident James Potter for setting up a concrete cross on land next to Interstate 75 in Clinton because he allegedly violated a county zoning law. But two commissioners disagree.

Anderson County commissioners have decided to sue James Potter for setting up a concrete cross. "I see no reason whatsoever to attack this cross," Commissioner Jerry White said, adding that it was in a good location, served a good purpose and was hurting no one. Both he and Commissioner Doug Haun voted against filing the lawsuit.

Commission Chairman Mike Cox said there was no reason to have zoning laws if everyone didn't have to obey them. He called attention to County Attorney David Clark's statement earlier in the meeting, held at the Anderson County Courthouse, that he was talking with officials of the windmill farm atop Buffalo Mountain near Oliver Springs so that their windmills would obey the "fall zone" requirement.

The cross was constructed on land Potter leased. However, county zoning laws call for tall structures such as cell towers, radio towers - and crosses - to be placed so that if they fell they would not fall outside the property leased or owned and cause a potential public safety problem. Potter's cross allegedly does not meet this fall zone requirement.

Commissioner Kathy Moore said county officials had offered to help Potter move the cross so it would meet the fall zone requirement, but he had not taken them up on the offer. County Mayor Rex Lynch said Potter has leased enough land to meet the fall zone requirement if the cross was placed in the appropriate spot.

Oak Ridger Dick Jernigan, Anderson County Board of Zoning Appeals chairman, said Potter could better use his money for "religious fervor." He said the cross issue was more the result of Potter's fantasy than evidence of religious fervor.

Commissioners Rodney Archer, Jerry Creasey and Harold Jernigan were absent at the time of the vote.

Previously, both the Commission and the county Regional Planning Commission denied Potter the permit to build the cross. When he went ahead with construction, he was served with a stop-work order but continued. He was brought to court over the matter, but District Attorney General Jim Ramsey chose not to prosecute, saying the matter should be dealt with through civil actions.

Potter, a preacher, has erected several crosses throughout East Tennessee.

Potter had suggested to commissioners that the state of Tennessee Department of Transportation had waived the fall zone requirement for building the crosses near the interstate. In a letter to commissioners, Clark said he'd contacted TDOT lawyers and they said this was not the case.

Additionally:

"The Rev. James Potter of Oneida, Tennessee, is being sued by Anderson County officials for violating zoning codes and a stop-work order and proceeding to set up a 50-foot cross beside an interstate highway in his area. Associated Press reports that the property owner, who is leasing to Potter the land beside Interstate 75 on which he erected the cross, is also named in the lawsuit. According to the complaint filed against them, the owner and the preacher have discussed extending the cross to 90 feet high and adding electric lighting to illuminate it. Potter, who previously erected a similar large cross next to I-75 in Loudon, Tennessee, told the Knoxville News Sentinel newspaper that he is glad the authorities are suing him. He claims they, not he, are the ones violating the U.S. Constitution. According to reports by The Oak Ridger, Potter's has repeatedly attempted to get official permission for his cross construction project from zoning board officials and County commissioners, but has been met with repeated rejections. After one public discussion, he appealed to local law, citing the section of the Declaration of Rights in the Tennessee Blue Book that states "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; ... that no human authority can, in any case whatever, control or interfere with the rights of conscience."

5 posted on 11/22/2004 4:14:58 PM PST by LibertarianInExile (NO BLOOD FOR CHOCOLATE! Get the UN-ignoring, unilateralist Frogs out of Ivory Coast!)
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To: TERMINATTOR
My thinking on this is the county doesn't have anywhere enough public interest basis to order removal. The Constitution absolutely forbids interference on free speech and freedom of religion.
9 posted on 11/22/2004 4:18:21 PM PST by Navy Patriot
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To: TERMINATTOR

from 2nd article...

"Commissioner Kathy Moore said county officials had offered to help Potter move the cross so it would meet the fall zone requirement, but he had not taken them up on the offer. County Mayor Rex Lynch said Potter has leased enough land to meet the fall zone requirement if the cross was placed in the appropriate spot. "

Comply with the law, pretty simple.


12 posted on 11/22/2004 4:24:11 PM PST by rwilson99 (I am a South Park Republican)
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To: TERMINATTOR
hey at least he is out of jail unline these people men arrested for carrying crosses at gay day event
16 posted on 11/22/2004 4:33:10 PM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: TERMINATTOR
The revenge against 'Jesusland' begins.
17 posted on 11/22/2004 4:38:50 PM PST by Jeeper (Virginia is for Jeepers.)
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To: TERMINATTOR

TAR & FEATHER first - then take up the SECOND AMENDMENT to protect the FIRST AMENDMENT!

This scumbag LAWYER (aka "judge") needs to be gone!


18 posted on 11/22/2004 4:39:44 PM PST by steplock (http://www.outoftimeradio.org)
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To: TERMINATTOR

is this the same giant cross by I-75 that's right next door to a porn shop? North of Knoxville?


19 posted on 11/22/2004 4:46:44 PM PST by sassbox
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To: TERMINATTOR
A clear violation of the First Amendment - "free exercise thereof".

LOL. It's a garden variety zoning and building code violation, but no doubt a bunch on this site will get into a bunch over it.

21 posted on 11/22/2004 5:27:41 PM PST by Torie
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To: TERMINATTOR

ANDERSON COUNTY JUDGE MUST COME DOWN!!!!!!!!!!!!!!!!!!!


22 posted on 11/22/2004 5:31:59 PM PST by standing united (The second amendment does not stand for the right to hunt, but to over throw a corrupt Gov.)
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To: Lindykim; DirtyHarryY2K; Siamese Princess; Ed Current; Grampa Dave; Luircin; gonow; John O

Moral Absolutes Ping. Okay, exactly how against zoning violations is this cross? It would be interesting to hear the preacher's side of the story.

Remember when the Taliban bombed the ancient, giant statues of Buddha?* See any connection?

To people who hate God (and the Taliban do hate God - if they really loved Him, they wouldn't be hateful demons!), there's nothing as loathesome as any kind of symbol, name, holiday, book, or any other object that reminds them of God. Worst of all is someone speaking God's truth.

Let me know if anyone wants on/off this pinglist.

*I am not claiming Buddha to be God (although he is reverenced kind of as though he were around the world). But Buddhism is a kind of borderline philosophical "religion" in a sense, and even that was enough to rouse the ire of the Taliban. Since leftists in the US have often faddishly embraced what they think is "Buddhism", Buddhist statues don't offend them.

Too bad they don't actually follow Buddha's teachings - they'd all be mendicant vegetarian monks, wearing one cloth and owning nothing.


27 posted on 11/22/2004 8:16:06 PM PST by little jeremiah (Moral absolutes are what make humans human.)
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To: TERMINATTOR

The judge's name isn't even mentioned, for fear of a lynch mob.

Neither is the state mentioned! I'll bet there are quite a few Anderson Counties out there.


29 posted on 11/22/2004 10:28:44 PM PST by Just Lori (Before you can win the peace, you have to win the WAR!!!)
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To: TERMINATTOR

I wonder if Potter first tried to get a variance from the zoning restrictions?

I know this looks "anti-religious," but I sure wouldn't want something like that looming over my home or backyard.

And if there are no nearby structures or throughfares that it would have endangered, then Potter very likely could have gotten his variance.
Instead, he chose the path of maximum publicity.


30 posted on 11/23/2004 6:59:55 AM PST by Redbob
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