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Suit over Boy Scout Homosexual Discrimination Opens
LifeSite News ^ | June 16, 2010 | James Tillman

Posted on 06/17/2010 6:36:51 AM PDT by NYer

PHILADELPHIA, PA, June 16, 2010 (LifeSiteNews.com) – On Tuesday opening arguments were heard in a case involving the Cradle of Liberty Scout Council, which is challenging the city of Philadelphia's decision to evict the Council from a building that it built and has maintained since 1929. The city said it would carry through with the eviction unless the Council rejected the Boy Scouts of America's policy banning open homosexuals from membership.

In the Boy Scouts of America v. Dale case of 2000, the Supreme Court of the United States ruled 5-4 that the Boy Scouts of America (BSA) were constitutionally permitted to prohibit open homosexuals from being members or troop leaders.

The city argues, however, that while the Council is free to exercise its First Amendment right to create its own policies, it is not free to benefit from the city while violating city anti-discrimination policy.

The city had told the Scouts that unless they cough up $200,000 a year in rent for the land, they must either leave or change their rules.

The Cradle of Liberty Council says that the city council is being "selective" in its application of the anti-discrimination ordinance.

They argue that other private groups that discriminate in their membership, such as a Roman Catholic parish and the Colonial Dames of America, also enjoy subsidized leases and have not been threatened with the end of their lease agreements.

The Colonial Dames, for instance, limit membership to Americans with a direct descendent who lived in a colony before 1750 and who served his country before July 4, 1776.

The building in question was constructed with money raised by the Scouts 80 years ago.  Since that time, the Council has paid all costs associated with the maintenance, repair, and improvement of the building.  The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."

Cradle of Liberty officials have since renovated the building for over $2 million.  The Cradle of Liberty Council serves over 87,000 youths in the area; the Philadelphia building is one of its two headquarters.

The Boy Scouts call for members to be "morally straight" and "clean in thought, word, and deed," which a 1991 BSA statement says excludes homosexual conduct.

Judge Ronald L. Buckwalter will oversee the trial. Buckwalter issued an injunction in 2009 banning the scouts from being evicted before the trial.


See related stories on LifeSiteNews.com:

Philadelphia Boy Scouts to Lose Historic Building for Not Accepting Homosexuality
http://www.lifesitenews.com/ldn/2007/dec/07121107.html

Philly City Council Ends 79-Year Boy Scout Lease Over Refusal to Accept Homosexual Leaders
http://www.lifesitenews.com/ldn/2007/jun/07060104.html


TOPICS: Constitution/Conservatism; Culture/Society; Philosophy; US: Pennsylvania
KEYWORDS: boyscouts; bsa; bsalist; cradleofliberty; homophilia; homosexual; homosexualagenda; lawsuit; pa; pedophiles; philadelphia; scouts
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1 posted on 06/17/2010 6:36:52 AM PDT by NYer
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To: wagglebee; little jeremiah

Ping!


2 posted on 06/17/2010 6:37:12 AM PDT by NYer ("God dwells in our midst, in the Blessed Sacrament of the altar." St. Maximilian Kolbe)
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To: NYer

Leftists are not “activists”, they are INFECTIVISTS.

They can’t be satisfied until their perverse and twisted worldview pervades every aspect of our lives.


3 posted on 06/17/2010 6:39:02 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: NYer

why would anyone want a homo in the boyscouts?


4 posted on 06/17/2010 6:44:22 AM PDT by dalebert
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To: RonF; AppauledAtAppeasementConservat; Looking for Diogenes; Congressman Billybob; ...

Scouts under attack again!


5 posted on 06/17/2010 6:45:27 AM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: NYer

Funny how the left does not want to start the “Gay Boy Scouts” but instead have to destroy anything that does not agree with their point-of-view...


6 posted on 06/17/2010 6:46:34 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: NYer

Somehow the idea of allowing homosexual men taking little boys into the woods overnight doesn’t strike these folk as supremely stupid.


7 posted on 06/17/2010 6:50:41 AM PDT by icwhatudo ("laws requiring compulsory abortion could be sustained under the existing Constitution"Obama Adviser)
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To: NYer

Poofters!


8 posted on 06/17/2010 6:51:04 AM PDT by billorites (freepo ergo sum)
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To: NYer
The building in question was constructed with money raised by the Scouts 80 years ago. Since that time, the Council has paid all costs associated with the maintenance, repair, and improvement of the building. The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."

The city isn't doing the Boy Scouts any favors. The Boy Scouts have a legal claim on the property. I'm sure some "legal scholar" will come along and explain how the homophiles have all the rights, and homosexual pedophiles have a constitutional right to other people's children.

9 posted on 06/17/2010 6:54:49 AM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: NYer
It adds good perspective to return to Ann Coulter's 2002 column, Should Gay Priests Adopt. The Boy Scouts were being attacked then about sensible rules restricting gays from being scoutmasters as the Catholic Church has now also done in its seminaries.

Despite the growing media consensus that Catholicism causes sodomy, an alternative view -- adopted by the Boy Scouts -- is that sodomites cause sodomy. (Assume all the usual disclaimers here about most gay men not molesting boys, most Muslims being peaceful, and so on.)

It is a fact that the vast majority of the abuser priests -- more than 90 percent -- are accused of molesting teen-age boys. Indeed, the overwhelmingly homosexual nature of the abuse prompted The New York Times to engage in its classic "Where's Waldo" reporting style, in which the sex of the victims is studiedly hidden amid a torrent of genderless words, such as the "teen-ager," the "former student," the "victim" and the "accuser."

Meanwhile, no spate of sex scandals is engulfing the Boy Scouts of America. Inasmuch as the Boy Scouts were not taking risk-assessment advice from Norman Mineta, they decided to eliminate a whole category of potential problems by refusing to allow gay men to be scout leaders. Perhaps gay scout leaders just really liked camping. But it was also possible that gay men who wanted to lead troops of adolescent boys into the woods were up to no good.

For their politically incorrect risk-assessment technique, the Boy Scouts were denounced as troglodyte bigots in all outlets of appropriate liberal opinion. Cities and states across the country dropped their support for the scouts. The United Way, Chase Manhattan Bank and Textron withdrew millions of dollars in contributions.

And hell hath no fury like a New York Times editor spurned. The Times denounced the Supreme Court decision merely permitting the Boy Scouts to refuse gay scoutmasters as one of the court's "lowest moments." The Times "ethicist" advised readers that pulling their sons out of the Boy Scouts was "the ethical thing to do.

10 posted on 06/17/2010 7:08:40 AM PDT by Servant of the Cross (the Truth will set you free)
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To: NYer

The Boy Scouts should be made into a campaign issue. I think most Americans think highly of the Scouts. I doubt that many know how the left is arrayed against them.


11 posted on 06/17/2010 7:13:28 AM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: NYer

Soon: Leather and Fisting merit badge.


12 posted on 06/17/2010 7:17:56 AM PDT by Rebelbase (Political correctness in America today is a Rip Van Winkle acid trip.)
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To: dalebert
why would anyone want a homo in the boyscouts?

The filthy disease-ridden queers want to be in the Boy Scouts in order to scout boys.

So to speak ...

13 posted on 06/17/2010 7:20:28 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: icwhatudo
Somehow the idea of allowing homosexual men taking little boys into the woods overnight doesn’t strike these folk as supremely stupid.

It's supremely stupid from the POV of a Boy Scout, or from the POV of a Boy Scout's father.

From the POV of a filthy, disease-ridden, child-molesting pervert, though ...

14 posted on 06/17/2010 7:23:06 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: NYer
This is an interesting topic. I was a scout from my 7 year/6 month birthday (Bobcat) to age 18. I had not one, but two, homosexual child molesters as Scoutmaster, in 1961 and again in 1967. This is not a new problem.

Ask your liberal friends this: Should male leaders be able to take teenage girls camping without a female adult as chaperone?

15 posted on 06/17/2010 7:25:06 AM PDT by Jim Noble (If the answer is "Republican", it must be a stupid question.)
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To: BykrBayb
The Boy Scouts have a legal claim on the property.

The Scouts have a legal claim to the building. The city owns the land it sits on, and have been allowing the Scouts to use it rent-free. Since there was only a hand-shake agreement on the rent-free status to begin with then the city is free to change it at any time. So if the Scouts lose the case then I assume the city has to give them something for the value of the building they're forcing the Scouts to abandon?

16 posted on 06/17/2010 7:29:16 AM PDT by Non-Sequitur
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To: NYer

In my town, the Boy Scouts have exploded in popularity. The unit into which my son just bridged went from 13 active members to 30. And that’s just after bridging!

Now, if the BSA has to go all girly-rainbows just watch for the inverse.


17 posted on 06/17/2010 7:32:52 AM PDT by kimmie7 (THE CROSS - Today, Tomorrow and Always!)
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To: dalebert
why would anyone want a homo in the boyscouts?

That's what the libs want because "gay men are no more likely to molest young boys than are straight men". They think the symbolic value outweighs any (no doubt unlikely) costs of that change. I don't think their logic even needs a response.

18 posted on 06/17/2010 7:35:08 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Non-Sequitur

I was expecting you.


19 posted on 06/17/2010 7:48:52 AM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: Non-Sequitur

If the rent deal is invalid, so should the transfer of the land be invalidated...property reverts to the Boy Scouts.


20 posted on 06/17/2010 8:21:47 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: kimmie7
n my town, the Boy Scouts have exploded in popularity.

This is heartening to hear. After a seeming decline in popularity, I too have noticed an increase in interest - more Scouts visible in public, doing community service or selling items outside grocery stores. I hope it continues.

21 posted on 06/17/2010 8:24:24 AM PDT by fwdude
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To: Gondring
If the rent deal is invalid, so should the transfer of the land be invalidated...property reverts to the Boy Scouts.

Great point.

22 posted on 06/17/2010 8:25:49 AM PDT by fwdude
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To: 2banana

The sodomites do have a version that attempts to mirror real scouting: “Scouting for All.” It’s a lame characature of real scouting, and I think it just exists to mock the BSA.


23 posted on 06/17/2010 8:28:15 AM PDT by fwdude
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To: Gondring
If the rent deal is invalid, so should the transfer of the land be invalidated...property reverts to the Boy Scouts.

The land wasn't their's to begin with, it always was owned by the city.

24 posted on 06/17/2010 8:31:54 AM PDT by Non-Sequitur
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To: Non-Sequitur

Nope... ever heard of “adverse possession,” my FRiend?

IANAL.


25 posted on 06/17/2010 8:36:41 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Non-Sequitur
The land wasn't their's to begin with, it always was owned by the city.

Why then was the following statement included in the article?

The land on which the building sits had been turned over to the city by the Scouts with the understanding that the Scouts would be able to stay in the Beaux Arts style building "in perpetuity."

26 posted on 06/17/2010 8:37:20 AM PDT by cuz_it_aint_their_money (I'll show their president the exact same respect and loyalty that they have shown my president.)
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To: Gondring
Nope... ever heard of “adverse possession,” my FRiend?

And I'm sure they may try to argue it, but whether it applies in this case will depend on what the Pennsylvania statute says.

27 posted on 06/17/2010 9:07:06 AM PDT by Non-Sequitur
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To: Sans-Culotte
"I doubt that many know how the left is arrayed against them."

You'd be surprised how many adult leaders and parents are oblivious to this and the many other campaigns facing the BSA.

I talk to as many as I can about these types of issues and many of them look at me quizzically, the first they'd ever heard of such a thing.

28 posted on 06/17/2010 9:07:49 AM PDT by SZonian (We began as a REPUBLIC, a nation of laws. We became a DEMOCRACY, majority rules. Next step is?)
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To: BykrBayb

Glad I didn’t disappoint.


29 posted on 06/17/2010 9:08:18 AM PDT by Non-Sequitur
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To: Non-Sequitur

Again, IANAL, but it seems to me that one wouldn’t press for that unless the court allows the City to go forward with their breach of contract.


30 posted on 06/17/2010 9:15:10 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Gondring
Nope... ever heard of “adverse possession,” my FRiend?

Not gonna work. While some articles have said that the Scouts have been there rent-free, the fact is that they've paid a token rent of $1 per year. That invalidates any adverse possession claim.

31 posted on 06/17/2010 9:42:33 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: cuz_it_aint_their_money
Why then was the following statement included in the article?

Because it's a sloppily researched article. The land belonged to the city. They leased it to the BSA for $1 a year. The Scouts built the building on it and later turned that over to the city. The land itself, though, always belonged to the city, and is part of the same large parcel that includes parks and public museums. As far as the "in perpetuity" thing, the original agreement includes a clause that allows the city to terminate the agreement with one year's notice.

32 posted on 06/17/2010 10:08:10 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: NYer; dalebert; 2banana; icwhatudo; BykrBayb; billorites; Rebelbase; ArrogantBustard; fwdude; ...
Excellent thread from the beginning of the crisis that answers many of the questions about this situation:

Philadelphia Inquirer: City Hikes Boy Scouts' Rent by $199,999 over Gay Ban

33 posted on 06/17/2010 10:47:20 AM PDT by Albion Wilde ('Bush Did It' Is Not a Foreign Policy -- Victor Davis Hanson)
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To: 17th Miss Regt; 2001convSVT; 3catsanadog; 50sDad; Abby4116; abercrombie_guy_38; abstracTT; Adder; ..

Ping!


34 posted on 06/17/2010 10:50:53 AM PDT by Albion Wilde ('Bush Did It' Is Not a Foreign Policy -- Victor Davis Hanson)
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To: NYer; 185JHP; AFA-Michigan; Abathar; Agitate; Albion Wilde; AliVeritas; Antoninus; Aquinasfan; ...
Homosexual Agenda Ping

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

35 posted on 06/17/2010 10:53:47 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: NYer
They argue that other private groups that discriminate in their membership, such as a Roman Catholic parish and the Colonial Dames of America, also enjoy subsidized leases and have not been threatened with the end of their lease agreements.

The reason the city don't persecute the Catholic parish is that they do let homosexuals be priests. And see where it has gotten them!

This is so sick.

36 posted on 06/17/2010 10:59:59 AM PDT by A. Patriot (CZ 52's ROCK)
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To: NYer

Gays upset that prime recruiting ground is closed to them....


37 posted on 06/17/2010 11:03:56 AM PDT by G Larry (Democrats expedite the Destruction of America)
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To: Albion Wilde

Hopefully this goes their way.


38 posted on 06/17/2010 11:04:54 AM PDT by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: Bubba Ho-Tep

That’s why I’m saying that if that agreement is vacated, then the “rent” payments should also be also vacated.


39 posted on 06/17/2010 11:07:44 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: cuz_it_aint_their_money
Why then was the following statement included in the article?

Because it's LifeSite News...not exactly the most accurate source.

40 posted on 06/17/2010 11:10:05 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Bubba Ho-Tep

Please post thye agreement if you have it. Thanks.


41 posted on 06/17/2010 11:12:14 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: SandRat

We should win this one if they follow the law. YIS


42 posted on 06/17/2010 11:23:32 AM PDT by aliquando (A Scout is T, L, H, F, C, K, O, C, T, B, C, and R.)
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To: Gondring
I can't find the original agreement anywhere, but here's how the court summarized its understanding of the facts in a 2008 memorandum:
In 1928, the City of Philadelphia granted to the Philadelphia Council of the Boy Scouts of America1 permission to build its headquarters on a parcel of land owned by the city. Located on the Benjamin Franklin Parkway, the property was to be the home of the Boy Scouts’ regional headquarters. The terms of the arrangement were set out in a City Ordinance, which granted to Cradle “the privilege of erecting at its own expense on the lot . . . a suitable building to become at once the property of the City and to be used exclusively by the Boy Scouts for their own activities.” (Br. Supp. City of Phila. Mot. Dismiss, Ex. 1.) The Ordinance provided that “such building and lot . . . be kept in good order by said Boy Scouts during their occupancy.” (Id.) The Ordinance further allowed the City to terminate this arrangement, providing that the premises were “to be surrendered within one year after notice given them by the Commissioners of Fairmount Park, with the approval of the Mayor and City Council, of their desire to terminate the arrangement or by said Boy Scouts of their desire to surrender said property.” (Id.) source

43 posted on 06/17/2010 11:53:19 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: NYer

Normal people should be suing to *demand* discrimination against people who suffer from same-sex attraction disorder.


44 posted on 06/17/2010 12:02:29 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: A. Patriot

“The reason the city don’t persecute the Catholic parish is that they do let homosexuals be priests.”

Homosexuals were ordained in direct violation of Catholic doctrine. The Holy Father, Benedict XVI, is moving to put an end to it.


45 posted on 06/17/2010 12:04:56 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: A. Patriot

“The reason the city don’t persecute the Catholic parish is that they do let homosexuals be priests.”

Homosexuals were ordained in direct violation of Catholic doctrine. The Holy Father, Benedict XVI, is moving to put an end to it.


46 posted on 06/17/2010 12:05:50 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: dalebert

“why would anyone want a homo in the boyscouts?”

For some reason, I think chickenhawks might.


47 posted on 06/17/2010 12:07:12 PM PDT by No Truce With Kings (I can see November from my house.)
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To: ArrogantBustard
The filthy disease-ridden queers want to be in the Boy Scouts in order to scout boys.

Kind of like the old "Drug Fair" - now gone, but named in a simpler time.

48 posted on 06/17/2010 12:08:32 PM PDT by nina0113
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To: Gondring
Adverse possession doesn't ever start if you have permission to be there. The court could rule that the Boy Scouts didn't actually have permission. Then adverse possession comes into play.

The city may well have lost control, if not ownership, of the land in question.

As far as the Boy Scouts building is concerned, a government can never claim "adverse possession". Instead this becomes a "taking". Kelo didn't exempt the government from paying for property it takes. That ruling simply allowed certain governments in some states to pay for it and then give it away to rich people who felt a need.

I would imagine a court could set a very high value on that building and stick Philadelphia with a major bill.

This stuff is all pretty basic. I think all the court is going to get into here is a timetable for events and a computation of who owes what for which, and the homosexual community will be blamed for it all ~ which they should be. Greedy bunch of little piggies they are too!

49 posted on 06/17/2010 12:23:12 PM PDT by muawiyah
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To: NYer

Someone needs to gently remind Philadelphia that the Boy Scouts were just sued because some of their scouts were molested in years past by leaders and to point out that boy scouts are male as are the leaders, ergo homosexual molestation and that is why boy scouts don’t want homosexual leaders.


50 posted on 06/17/2010 12:27:22 PM PDT by 3catsanadog (If healthcare reform is passed, 41 years old will be the new 65 YO.)
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