02-06-2008, 04:04 PM
When you say the school was built with taxpayers money; are you saying the government authorized and/or built the school, or was it just taxpayer money to the charter school based on enrollment and the school made the decision on their own to use that location?
I can't imagine government authorizing the building of a school without the proper permits and afterwards changing their mind and telling the school they are now illegal. Once they approved the building, they are essentially saying yes you can build here, and yes it is legal, and yes you’re in compliance with all rules related to the zoning. Government can't just arbitrarily make these changes. That's one of the definition of "a taking" of property; to authorize the use and afterwards change their mind and deny the use that was legally allowed. Any lawyer who deals in property rights would be glad to take a case like this, if what your saying is correct. Now if the school went ahead and opened the school knowing they didn't have the proper permits, and they just got caught, well, that's a whole different story.
I can't imagine government authorizing the building of a school without the proper permits and afterwards changing their mind and telling the school they are now illegal. Once they approved the building, they are essentially saying yes you can build here, and yes it is legal, and yes you’re in compliance with all rules related to the zoning. Government can't just arbitrarily make these changes. That's one of the definition of "a taking" of property; to authorize the use and afterwards change their mind and deny the use that was legally allowed. Any lawyer who deals in property rights would be glad to take a case like this, if what your saying is correct. Now if the school went ahead and opened the school knowing they didn't have the proper permits, and they just got caught, well, that's a whole different story.