Let the countdown begin! Just over a month away from the best two shows of the year, Super Goo Jam and Blue Dogs 4th Annual Homecoming & 28th Anniversary Concert. We are very excited to announce that Shawn Camp & Cary Hudson of Blue Mountain will be joining us at The Charleston Music Hall this year!! So, mark your calendars for December 27th and 28th and join us for a fun-filled, two-night stand full of talented bands, charity, and camaraderie. The Super Goo Jam will kick off the first night at Music Farm Charleston on December 27th at 8PM, doors will be at 7PM, tickets are $10, and some of the bands that will be making the night memorable are Guilt Ridden Troubadour, Sally & George (featuring Joel Timmons of Sol Driven Train), Ward Buckheister, Finnegan Bell, Doug Jones, Danielle Howle, The Kenny George Band, and many more artists to be announced. Also, Cary Hudson of Blue Mountain will be doing a head lining set at the Super Goo Jam with Guilt Ridden Troubadour for all you Blue Mountain fans!!
On December 28th, Charleston's country-rock band the Blue Dogs will once again take over the Charleston Music Hall--along with some special guests and friends--this year to celebrate 28 years of making music! This show marks their fourth "homecoming" and to solidify it as an annual affair; the band brought in the Medical University of South Carolina's Children's Hospital as a charity partner. Proceeds will benefit both the campaign for the new MUSC Shawn Jenkins Children's Hospital AND the Press On Fund for pediatric cancer research. We are thrilled to announce that Shawn Camp & Cary Hudson of Blue Mountain will be our very special guests at this years Homecoming show.
There will be more special guests announced for both shows, so stay tuned!
From everyone here at the Kennel have a great Thanksgiving holiday and thanks in advance for all of your support!! We look forward to seeing y'all next month!
Grammy award winning producer Shawn Camp has earned wide respect as the top-tier penman behind #1 Billboard hits for George Strait ("River of Love"), Josh Turner ("Would You Go With Me") and Brooks and Dunn ("How Long Gone"), in addition to the Brooks smash "Two Pina Coladas." Camp frequently splits pages with legendary tunesmiths like Guy Clark ("Sis Draper," "Magnolia Wind") and Jim Lauderdale ("Forever Ain't No Trouble Now). Shawn also penned Blake Shelton's "Nobody But Me". A true artist, Camp's previous solo albums – including 1993's Shawn Camp, 2004's Live at the Station Inn and Fireball in 2006 – consistently have turned heads. The accomplished instrumentalist, who has accompanied luminaries including Guy Clark and John Prine, frequently backs seamless lyrics with his fiery fiddle, guitar and mandolin riffs. Shawn is also a talented producer; a skill that won him a Grammy nomination in 2013 and a Grammy win for 2014's Best Folk Album of the Year (Guy Clark's, My Favorite Picture Of You). Most recently, Shawn formed the band with NRBQ's "Big Al" Anderson to make the World Famous Headliners (along with Pat McLaughlin, Greg Morrow and Michael Rhodes). Their debut album spent over 6 weeks in AMA's top 20 and was named one of the Top 100 Americana Albums of 2012.
Cary Hudson is a singer-songwriter and guitarist from the great state of Mississippi who resides somewhere between Memphis and New Orleans. While living in Venice, Cary worked in a deli and hung out with the guys in Weezer (fun), walked on Zuma Beach hoping to meet Neil Young, started a band called Blue Mountain with Laurie, and experienced the Rodney King riots (not fun). After moving back to Oxford in 1992, Blue Mountain began touring nationally, signed a deal with Roadrunner Records, and recorded their classic Dog Days album with producer Eric "Roscoe" Ambel. They went on to record more albums, played shows with Uncle Tupelo, Son Volt, Wilco, The Jayhawks and Willie Nelson, were the cover story of the second No Depression magazine, and in 2011 were voted "Most Legendary Oxford Band" by the readers of The Local Voice. Cary has played guitar for Bobby Rush, RL Burnside, Big Jack Johnson, Shannon MacNally, Dayna Kurtz and many others in his close to thirty years on the road. He was chosen as one of the Top Ten Alternative Country Guitar Players by Gibson magazine, and his songs have appeared in TV shows and movies including the George Clooney film "Up in the Air". He recently released his sixth solo album, Town and Country (mixed by Multi-Grammy winner Trina Shoemaker).
Brought to you by your friends at Ear For Music!


text:
20th September 2011 | Alicia Taylor, Editor
Resorts in this article: Innsbrucker Nordkettenbahnen, Jackson Hole, Killington Resort, Lech Zürs am Arlberg, Northstar California, The Remarkables, Vail, Axamer - Lizum, Avoriaz, Galtür - Silvretta, Mayrhofen, Serfaus Fiss Ladis, Stubaier Glacier, Shuttleberg Flachauwinkl - Kleinarl, Rogla, Kranjska Gora
Stubai Zoo snowpark nearing completion
Copyright: Stubai
It's been 21 years since the first purpose-built snowpark landed on the ski scene. During this time the freestyle sport has progressed beyond recognition and the little-known business of building snowparks has quietly evolved into a highly skilled craft.
The first park was built in Vail, Colorado in 1990. This marked a major shift in attitude towards snowboarders: for the first time ski resorts sought to attract them, not ban them. From this point on, freestyle boarding came on leaps and bounds: the fearless nature of the riders and the increasingly creative designs of the snowpark have evolved together.
Schneestern has been planning, building and maintaining snowparks for 12 years. Christian Bulander, head shaper and project manager for Schneestern, says building a snowpark can take anywhere between two days and two weeks, depending on the number of obstacles needed. The company has built snowparks for the Stubai Glacier, Lech Arlberg, Rogla, Galtur, Axamer Lizum, and Kranjska Gora to name but a few.
Schneestern building the Stubai Zoo
While each snowpark is different, Christian says the basic process is the same. It starts with an idea and a proposed location, then the following steps are taken:
1. The location is inspected and chartered in summer
2. Using the chartings and geological maps, a 3D CAD drawing is made
3. From the drawings, a 3D model is constructed
4. On location the 3D drawings are used to get orientation for where to put the different obstacles and how they will look
5. The snowcats can then start building the snowpark
6. First the biggest piles are built quite raw and then step by step the different elements are built more and more precisely
7. After this the rails, boxes and other non-snow elements are put into place
8. The final and most precise cut is done in the end with snow blowers, shovels and shapers
Creative heights
Over the years creative challenges have reached new heights. One of the biggest challenges Schneestern has faced was when they were asked to build a snow castle.
Christian explains: "Some years ago, Nico Zacek a former German pro freeskier started a new freestyle event for men called Nine Knights featuring the best freeskiers in the world. The idea was to create a snow castle which was a multiple jib and jump obstacle. This idea had never been tried before and was a big challenge for us, but it was well worth the work and sweat when we saw the result and realised that all the riders and media were totally stoked. Over the last four years it got bigger, crazier and more beautiful. In 2011 we constructed the castle for the girls' freestyle event, Nine Queens, in Serfaus Fiss Ladis, this time complete with a bridge, tunnel, battlements and tower."
Watch Schneestern's construction video of the snow castle:
Natural trend
Recently, there has been a move towards ecological snowparks which use natural obstacles instead of man-made. Burton is a big name in this field, with its snowparks taking advantage of the resort's natural terrain: wood, earth, trees, and rocks instead of plastics and metal.
You can find Burton Stash parks in Avoriaz, France; Flachauwinkl, Austria; Northstar, California; The Remarkables, New Zealand; Killington, Vermont; and Jackson Hole, Wyoming. Burton works to the principal that "Freestyle riding started in the woods and its purest form of progression remains there".

redpajama_set_name: RedPajamaCommonCrawl


text:
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The pools were very quiet with few duck present. There were however ten Whimbrel feeding in the fields just east of the pools.
There was a trickle of Mediterranean Gull moving eastwards along the coast. Virtually all of them were adults. In half an hour at least sixteen flew past. A couple of Swallow came in off the sea, as did six Yellow Wagtails. A few Linnet and Goldfinch also passed through.


text:
Varsity Boys Basketball Wins State Title
Martin Gomez, Staff Writer
Filed under News, News, Top Stories
After defeating the Wagner Thunderbirds with a score of 77-64 on March 9, the Varsity boys became State Champions, claiming their second 5A-state title in the past three years.
"It's so rare to win two and two out of three doesn't just happen," Coach Duane Gregory said. "We feel very fortunate for being able to get that second title."
Senior C.J. Smith was awarded the MVP of the final game, scoring 24 points.
"The result was what mattered the most," he said. "But it was awesome to receive an award like this. I've worked hard all my life for this, and to know it finally paid off is a blessing."
The team went 38-2 to close out the season, with their only two losses coming consecutively and in between two 19 game winning streaks.
"You don't have that kind of a record if you don't have a good focus," Gregory said. "This group did a real good job at taking things one game at a time. I didn't have to emphasize it at all because the boys took initiative and did it themselves."
Junior Dwaylen Russell said the team's dominance is in part due to the coaches' and their styles.
"We were able to keep that level of play because we all got along," he said. "The chemistry on the team was second to none."
Russell believes the team can make it back to the playoffs next season.
He said, "We have enough playoff experience coming back next season to make another deep playoff run."
Gregory said the focus of the offseason will be to improve on some of the team's flaws while also working with new starters.
"We will try to improve on things that need to be worked on," he said. "We will graduate our five seniors, so those are five pairs of shoes that will be hard to fill. But we have some good young guys that are coming up, and they're excited about the opportunity."
Mansfield Timberview 3 - Seguin 1
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Mansfield Timberview 55 - Woodrow Wilson 7
Mansfield Timberview 31 - Lake Ridge 36
Friday, September 7
Mansfield Timberview 39 - Seguin 7
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(a) If the Central Government continues to function from Dublin, part of the country being cut off by hostilities, we will probably require to maintain all our existing services. This will be so even if Dublin is subject to bombardment, involving dislocation of transport, etc.
(b) If the Central Government has to be transferred to a provincial centre, we would require to maintain, and transfer to the centre in question, the following minimum staff:- One Secretary, one Assistant Secretary, one Legal Adviser, two Assistant Principal Officers, two Cadets, one Accountant, one Archivist, five Clerical Officers, three Typists.
We would require to bring typewriters, the departmental seals, supplies necessary in connection with the issue of passports, etc. I suppose the papers we would require would fill six or eight large steel boxes.
I have made these particulars as specific as possible but, naturally, they would be subject to some variation according to circumstances.
It is very important that, in any arrangements which may be contemplated for the transfer of the Central Government from Dublin to a provincial centre, due provision should be made for the transfer at the same time of the Diplomatic Corps. Both from the practical and the prestige point of view it is essential that the Diplomatic Corps should remain with the Government and international practice places the duty of making suitable arrangements for the transfer of the Diplomatic Corps in such a case on the Government concerned.


Poor little birds have no water to drink. I've set out a heated base with a water dish on it. Hopefully, this will allow our wild friends a sip of water now and then, so they can continue their rowdy lives in west Wichita.
From the comfort of my writing desk, in the swivel chair, I notice that the 'water feature' in our back yard has completely frozen. The pump has stopped its faithful pumping, which has stopped the gentle trickle from pool one to pool two to the main pond.
I am always pleased to see the winter birds return to the back yard haven we've built; dark-eyes juncos, black-capped chickadees, cardinals, blue jays, and the cedar wax wings. I haven't put food out for years. After all, I don't want a bunch of moochers on my hands. Plus bird seed tends to draw the 'junk birds', too. Grackles and starlings show up in flocks; they have little regard for conscientious potty procedures. Poop somewhere else, I say.
Not a world changer. Not my job today.
Today, my job is to set out water for the thirsty.


text:
Q: From the results of UIImagePickerControlleHow, how do I get JPEG with metadata included in it? On iOS 4.2 when I use UIImagePickerController to let the user select a image from the photo library these are the dictionary keys that are returned to me:
2011-03-02 13:15:59.518 xxx[15098:307] didFinishPickingMediaWithInfo:
  info dictionary: {
    UIImagePickerControllerMediaType = "public.image";
    UIImagePickerControllerOriginalImage = "<UIImage: 0x3405d0>";
    UIImagePickerControllerReferenceURL =
      "assets-library://asset/asset.JPG?id=1000000050&ext=JPG";
}

Using one or more of these keys, how can I get a JPEG representation that would include the image metadata (such as exposure information and GPS location data) such that I can upload that somewhere and have the metadata included (not stripped off)?
I see from Warren Burton's very nice answer in Display image from URL retrieved from ALAsset in iPhone? how to use the UIImagePickerControllerReferenceURL and the ALAssetsLibrary assetForURL method to get to the ALAsset and the ALAssetRepresentation. But what do I do then to get to the JPEG that includes in it all the metadata?
Or is there a mechanism through the UIImage?
The bottom line here is that I want to get JPEG with the metadata included in it...

A: Since I asked the question I have done some more experimentation and think I know the answer now. All results were gotten on iOS 4.2 which is all I care about...
First of all, we were using UIImageJPEGRepresentation ala:
NSData *imageData = UIImageJPEGRepresentation(self.selectedImage, 0.9);

which seems to not give you (much of) the metadata (EXIF, GPS, etc.) that is in the image. Fair enough and I think that's well-known.
My testing shows that the JPEG in the "default representation" for the image asset will contain all the metadata, including EXIF and GPS information (assuming it's there in the first place). You can get that image by going from the asset URL to the Asset to the asset's default representation (ALAssetRepresentation) and then using the getBytes method/message to retrieve the bytes for the JPEG image. That stream of bytes has the aforementioned metadata in it.
Here's some example code that I use for this. It takes an Asset URL, presumed to be for an image, and returns NSData with with the JPEG. Caveat emptor with respect to your use, error handling in the code, etc.
/*
 * Example invocation assuming that info is the dictionary returned by
 * didFinishPickingMediaWithInfo (see original SO question where
 * UIImagePickerControllerReferenceURL = "assets-library://asset/asset.JPG?id=1000000050&ext=JPG").
 */
[self getJPEGFromAssetForURL:[info objectForKey:UIImagePickerControllerReferenceURL]];
// ...

/*
 * Take Asset URL and set imageJPEG property to NSData containing the
 * associated JPEG, including the metadata we're after.
 */
-(void)getJPEGFromAssetForURL:(NSURL *)url {
    ALAssetsLibrary* assetslibrary = [[ALAssetsLibrary alloc] init];
    [assetslibrary assetForURL:url
        resultBlock: ^(ALAsset *myasset) {
            ALAssetRepresentation *rep = [myasset defaultRepresentation];
#if DEBUG
            NSLog(@"getJPEGFromAssetForURL: default asset representation for %@: uti: %@ size: %lld url: %@ orientation: %d scale: %f metadata: %@",
            url, [rep UTI], [rep size], [rep url], [rep orientation],
            [rep scale], [rep metadata]);
#endif

            Byte *buf = malloc([rep size]);  // will be freed automatically when associated NSData is deallocated
            NSError *err = nil;
            NSUInteger bytes = [rep getBytes:buf fromOffset:0LL
                                length:[rep size] error:&err];
            if (err || bytes == 0) {
                // Are err and bytes == 0 redundant? Doc says 0 return means
                // error occurred which presumably means NSError is returned.

                NSLog(@"error from getBytes: %@", err);
                self.imageJPEG = nil;
                return;
            }
            self.imageJPEG = [NSData dataWithBytesNoCopy:buf length:[rep size]
                                     freeWhenDone:YES];  // YES means free malloc'ed buf that backs this when deallocated
        }
        failureBlock: ^(NSError *err) {
            NSLog(@"can't get asset %@: %@", url, err);
        }];
    [assetslibrary release];
}

redpajama_set_name: RedPajamaStackExchange


I enjoy receiving gifts or treating myself (who doesn't)? But I must say nothing brings me more delight when I can treat others, especially when it comes in the form of a Tiffany Blue Box.
I work in College Advancement doing fundraising and event planning which can be a a fast-paced and stressful environment. We spend a lot of our time at work and with our colleagues so it always makes the job that much better when you enjoy the people you work with.
I want to do something a little extra special for my colleagues Morgan and Lisa so I decided to treat them to that pretty blue box we all love! I worked with my sales professional to have the wine glasses already wrapped before we arrived!
They were so pleased which made me super happy! It's really the little things that matter and any time I can do a kind gesture I take advantage!


This statistic shows the response of Dutch respondents for the Standard Eurobarometer 84 to the question: "to what extent do you watch television on a TV set and via internet?*" 1 percent of respondents from the Netherlands replied they watch television via the internet or on a TV set two or three times a month.
* Original survey question: QE3T "Could you tell me to what extent you... Watch television on a TV set + Watch television via the Internet? Every day / Almost every day, two or three times a week, about once a week, two or three times a month, less often, never, no access to this medium, don't know."


On this web site you find simple and beautiful pieces for practising with a melody instrument.
Here you find traditional songs from many countries, dances, blues, opera melodies, and practising pieces.
Often with chords and text and/or 2nd voice and ornaments.
The pieces are all without Copyright restrictions.
All pieces are shown either in violin clef or bass clef, as requested.
You can easily browse in the song list (see link: "All songs").
You can switch every song to every key, as you like.
You can download every song in every key as a pdf file and print or distribute it freely.
You can let the computer play every song in every key in your preferred speed.
There is also an instruction video about browsing in the song list.
If you cannot yet play all notes, then the site can show you automatically all those songs that contain only your notes.
And if you want to practise a certain note, you will only see songs that really contain this note.
You just have to click all the notes that you want to practise (see link "Note selection"). Afterwards you have to click "Practise!" and you can start.
There is also an instruction video about practising specific notes.


text:
Sports in Botswana is diverse and reasonably well-developed. Though football, netball and athletics remain the most popular sports, numerous other sporting codes, including cricket, rugby, judo, swimming and tennis are active in the national sporting landscape. The Botswana National Sport Commission (BNSC), together with the Botswana National Olympic Committee (BNOC) and Ministry of Youth, Sport and Culture (MYSC) are responsible for the overall management of sport in the country. In addition, there over 30 National Sport Federations (NSFs) and three school sport federations

Botswana stages the Botswana Games every two years, and has hosted the 2014 African Youth Games, International Working Group on Women in Sport, and the 2017 Netball World Youth Cup. They also bid to host the 2022 Summer Youth Olympics, but lost to eventual host Dakar.

Sporting codes

Athletics

Running

Botswana has been doing well in athletics looking at the works of Nijel Amos  winning a silver medal in the men's 800 m race, the first Olympic medal for his country. At the 2014 Commonwealth Games, Amos won the 800 meter Gold medal in 1:45.18. In the tactical affair, Amos maneuvered out of a box to pass World Record holder David Rudisha in the last 50 meters. Botswana also has a good athlete Amantle Montsho who has won the silver medal at the 2006 African Championships and the gold medal representing the country at the 2007 All-Africa Games. At the same Games she also finished fifth in the 200 metres. She ran a personal best and Botswana record of 49.83 seconds to win at the 2008 African Championships in Athletics. It remains the Championship record for the event. At the 2011 World Championships in Athletics in South Korea, she narrowly beat Alyson Felix to become Botswana's first World or Olympic track and field champion.

High jump

Another famous Botswana athlete is high jumper Kabelo Kgosiemang, three times African champion.

Basketball
The Botswana national basketball team  is the national basketball team of Botswana and is also a member of the International Basketball Federation (FIBA) since 1997. The squad has not yet made appearances at the FIBA World Championship, FIBA Africa Championship or Basketball at the Summer Olympics

Bridge
The card game bridge has a strong following; it was first played in Botswana over 30 years ago and grew in popularity during the 1980s. Many British expatriate school teachers informally taught the game in Botswana's secondary schools. The Botswana Bridge Federation (BBF) was founded in 1988 and continues to organise tournaments. Bridge has remained popular and the BBF has over 800 members. In 2007, the BBF invited the English Bridge Union to host a week-long teaching program in May 2008.

Cricket

Cricket was started in the country by expatriates from South Africa and the Indian subcontinent. Botswana was elected to the ICC as an affiliate member in 2001, and played in the Africa Cup in Zambia the following year. After winning all their first round matches against Namibia, Tanzania, Zambia and Zimbabwe, they beat Kenya in the semi-final before losing by 270 runs to South Africa in the final.

In March 2004, they won the African affiliates qualifying tournament for the 2005 ICC Trophy, qualifying them for the next stage of qualification, the Africa Cricket Association Championships. They beat Nigeria and Tanzania in that tournament in Zambia in August, finishing fourth, thus missing out on qualification for their first ICC Trophy. They were rewarded for their performance in this tournament by being promoted to associate membership of the ICC in 2005.

In 2006, they took part in Division Two of the African region of the World Cricket League, finishing second behind Tanzania. This qualified them for Division Five of the World Cricket League.

In May 2008, Botswana travelled to Jersey to take part in the Division Five tournament. Although Botswana beat the Bahamas in Group B, it was their only group stage win and with three losses and one match abandoned due to rain they failed to make the semi-finals. Botswana finished sixth overall after defeating Germany but losing to Singapore in positional playoff matches. With only the top two from this tournament qualifying for Division Four in Tanzania later in the year, Botswana missed out on the chance to take their 2011 World Cup dream any further. In October 2008, Botswana took part in Division Two of the African region
of the World Cricket League, finishing unbeaten and winning the tournament. This victory promoted them to Division One of the Africa Region, however the date and venue for this tournament is still to be determined.

In August 2009, Botswana travelled to Singapore to participate in Division Six of the World Cricket League. Despite being competitive in most of their games, Botswana won only one of five group matches and finished fifth after beating Norway in a positional playoff.

In May 2011, Botswana hosted the ICC World Cricket League Division Seven with a young squad and performed admirably well, winning three league stage matches against Norway, Japan and Germany but losing out to eventual champions Kuwait, 2nd placed Nigeria and finally Germany in the placing match. The match versus Nigeria in the league stages was to decide which of the 2 nations would progress to the ICC World Cricket League Division Six to be held in Malaysia in September 2011 and by losing that match, Botswana failed to progress and will remain in Division Seven till the next instalment of the ICC WCL.

In April 2013, Botswana were given hosting rights again for the ICC World Cricket League Division 7 in their second attempt in trying to get promoted out of Division 7 after halting the relegation slide in the last edition. Beating Ghana in the first match, Botswana lost their second match in a competitive encounter against Vanuatu by 23 runs. Botswana then lost third next match heavily to eventual WCL Div 7 winners and arch rivals Nigeria. Botswana tried in vain to get back into contention for promotion but after a tied match against Germany, all hopes were dashed and the best they could hope for was a 3rd-place finish. This was achieved by beating Fiji in the last group match and then beating them again in the 3rd place playoff earning Botswana a respectable 3rd place, finishing behind Vanuatu and Nigeria who were both promoted to Division 6 of the WCL. With ICC's decision to eliminate the ICC World Cricket League Divisions 7 and 8, this meant that Botswana will now have to qualify through regional tournaments to make it into the ICC World Cricket League Division 6, which will now be the entry point for the World Cricket League.

Football

Football is the most popular sport in Botswana, with qualification for the 2012 Africa Cup of Nations being the biggest achievement to date. The Botswana national football team, governed by the Botswana Football Association, is popularly known as The Zebras and represents the country in international football competitions. It was founded in 1970, and affiliated to FIFA in 1978 and to CAF in 1976. The Botswana Football Association organizes national football leagues and the national team which include the beMOBILE Premier League, Botswana First Division North and Botswana First Division South.

Although Botswana have entered the FIFA World Cup preliminary stages five times, it took them nearly 11 years after
playing their first match to register their first victory - a 4–1 victory in the African pre-preliminary qualifying rounds for Germany 2006 against Lesotho

The southern African nation took part in their first preliminary competition for the 1994 FIFA World Cup in the USA, where they faced Niger and Côte d'Ivoire. They managed a 0–0 draw with the latter in Gaborone but lost their other three matches, finishing last in their group.

The next competition they entered was for 2002 FIFA World Cup, where they faced Zambia in a two-legged tie to decide which team would advance to the group stages. Zambia won both legs of the tie to qualify and knock Botswana out.

After this Botswana suffered some poor results with the team losing 3–0 to Zambia and losing to second-string sides from South Africa and Zimbabwe at home in Gaborone, frustrating many supporters. A draw with a Madagascar side ranked 146th in the world at the time led Botswana FA to sack manager Colwyn Rowe, despite his leading Botswana to their then-highest ever FIFA ranking of 95th. The BFA claimed this move was taken because they feared for his safety from angry fans. Stanley Tshosane was named as his replacement and in his first game in charge, Botswana achieved an impressive 2–1 win away to Mozambique to put them in a relatively strong position in their qualifying group. Despite also achieving a creditable draw with Côte d'Ivoire, Botswana finished bottom of their qualifying group for the 2010 FIFA World Cup in South Africa.

This disappointment was followed by the most successful period in
Botswana's history. Botswana defied their ranking to become the first team to qualify for the 2012 Africa Cup of Nations, beating Tunisia both at home and away. This success coincided with a rise to their highest ever FIFA ranking of 53rd. They did not manage to build upon this upturn in form at the tournament, losing narrowly to Ghana and Mali and heavily to Guinea to finish bottom of their group with zero points.

The truncated qualification format for 2013 Africa Cup of Nations saw them face Mali in a two-legged tie, which they lost 7-1 on aggregate. They then failed to qualify for the 2014 FIFA World Cup, finishing third in their group with 7 points behind South Africa and Ethiopia.

In October 2013 the Botswana Football Association sacked Tshosane, citing his "failing to meet the targets set for him". They subsequently appointed Englishman Peter Butler in February 2014.

Motorsport
The Kalahari Botswana 1000 Desert Race is a desert race held since 1981. It is the premier event of the South African Rally Cross Country Series.

Golf
The Botswana Golf Union offers an amateur golf league in which golfers compete in tournaments and championships.

Rugby

The Botswana team played their first ever international on September 7, 1996 against Zimbabwe, losing 130 to 10. Their first win came in 2001 in a match against Swaziland, winning 13 points to 3. Also in 2001 they participated in African qualifying tournaments for the 2003 Rugby World Cup in Australia. In 2004 Botswana won four internationals in a row, defeating Tanzania, Swaziland, Nigeria and Mali.

Botswana then participated in the Africa qualifying tournaments for the 2007 Rugby World Cup in France. They were grouped in the Southern Pool of Round 1a, along with nations Zambia and Swaziland. In their first game against Zambia in Lusaka, they lost 28 to 24. However they won their second match 19 to 12 over Swaziland in Botswana. They finished second in the pool and did not advance to the next round. Rugby union in Botswana has 6,805 registered players. However, Botswana's proximity to the major Rugby playing nation of South Africa, and 2 time world cup competitors Zimbabwe, has meant that Botswana has received a constant flow of touring sides, and other African nations.

Squash
The Botswana Squash Rackets Association is the national organisation for Squash in Botswana and its regional affiliation is Squash Federation of Africa. The Botswana Squash Rackets Association is currently being represented internationally by Alister Walker, Lekgotla Mosope, Jason Boyle and Theo Pelonomi.

Swimming
The Botswana Swimming Sport Association is the national governing body for the sport of swimming in Botswana.

Tennis

Botswana has over the last couple of years, remained ranked in the top ten in Africa in junior tennis. Presently the highest ranked player is No. 3 in Africa in the 16 & under age group. The Botswana Tennis Association has a very well structured junior development program which is aimed at developing tennis at grassroots. This program receives a lot of support from the BNSC, ITF and other stakeholders since the funds that they provide are used to carryout this program. Currently this program has been spread throughout the country to several primary schools.

See also

 Botswana at the Olympics
 Botswana National Sports Council

References

redpajama_set_name: RedPajamaWikipedia


text:
Tag: Federal 8th Circuit
Co op days shy of being able to claim adverse possession
November 9, 2015 vaagea
by Andrea Vaage and Gary Taylor
Quality Ag Service of Iowa Inc. v. Burlington Northern Santa Fe Railway
Federal 8th Circuit Court of Appeals, October 30, 2015
At issue is the ownership of a sidetrack adjacent to two Burlington Northern Santa Fe Railway (BNSF) tracks running through Melrose, Iowa. Quality Ag of Iowa purchased land on August 25, 2000 from Farmers Coop, which purchased land from BNSF in 1994. The sale did not include the sidetrack adjacent to the purchased parcel; however, Quality Ag has used the sidetrack to receive fertilizer shipments since 2000. On August 3, 2010, one of BNSF's trains derailed east of the sidetrack. BNSF used the sidetrack to store equipment after the derailment, preventing Quality Ag from using the sidetrack for fertilizer shipments. Instead, Quality Ag was forced to truck fertilizer in at increased expense. Quality Ag sued BNSF for damages due to the increased cost of delivery, and property damages resulting from the derailment. The claim was dismissed and an appeal ensued.
Quality Ag's owner testified that he believed the sidetrack was part of the land purchased from Farmers Coop because a Farmers Coop representative told him that it did at the time of the sale. He also testified that BNSF entered into a written agreement with Quality Ag that BNSF could use the sidetrack if BNSF maintained it; however, the owner was unable to produce this agreement for trial. Conversely, BNSF was able to produce a land survey showing they owned the sidetrack. On appeal, Quality Ag raised the claim that it owns the sidetrack due to adverse possession.
In order to prove a claim of adverse possession a party must "establish hostile, actual, open, exclusive and continuous possession, under a claim of right or color of title, for at least a ten year period." Quality Ag would need to establish that it met those conditions from August 25, 2000 to August 25, 2010. Since BNSF used the track for equipment storage on August 3, 2010 and beyond, after the derailment, Ag Services failed to show continuous sole use for a full ten year period. The maintenance agreement claim also failed because Quality Ag was unable to produce the maintenance agreement or othershow it owned the sidetrack.
The decision of the district court was affirmed.
http://media.ca8.uscourts.gov/opndir/15/10/143025P.pdf
Federal courts, Property law adverse possession, Federal 8th Circuit, Property law
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Fear about dangers in the vicinity of property insufficient to constitute nuisance
October 8, 2015 vaagea
by Andrea Vaage
Smith & Wunderlich v Conoco Phillips Pipe Line Company
Federal 8th Circuit Court of Appeals, September 15, 2015
Conoco Phillips owns a pipeline constructed in 1930 that runs through part of West Alton, a small town in Missouri. A leak was discovered near the town in 1963. The source of leak was repaired, but no remediation efforts were made to clean up the spill. Contaminants from the spill were discovered at a residence near the spill in 2002. Phillips purchased that residence and two others. Under supervision of the Missouri DNR, the buildings were demolished; 4,000 cubic yards of soil was removed; and monitoring wells were set up to test for chemicals of concern (COCs) such as benzene, toluene, ethyle benzene, xylenes, and lead.
Plaintiffs, the Smiths and Wunderlichs, property owners within 1.1 mile radius of contamination site, filed a class action suit in district court October 2011. Their complaint identified two separate classes, each including property owners within a 1.1 mile radius of the contamination site. The first class sought injunctive relief and monetary damages for creation of a nuisance and negligence for remediation. The second class sought compensation for ongoing expenses of medical monitoring due to potential exposure to pollutants from the pipeline leak. The district court certified the first class, but not the second. In certifying the first class the court relied on evidence and expert testimony that contaminants were found in the monitoring wells, that pollutants could continually shift, and that MTBE, a gasoline additive, had been found at one residence one quarter mile away from the contamination site. Phillips appealed the court's decision to certify the first class.
In cases of certification, the district court is granted broad discretion. A higher court will only reverse a certification where there has been an abuse of discretion or an error of law. Four standards must be met to certify a class: numerosity, commonality, typicality, and adequacy of representation.
In order for commonality to be met, the plaintiff's must show that all class members suffered the same injury. The plaintiff's demonstrated contamination by citing the MBTE found on the Wunderlichs' property. However, there was no MBTE found at the contamination site. None of the chemicals found at the contamination site were detected at any of the class members' property; however, plaintiffs' claim that physical invasion is not required for the contamination site to be a nuisance, because the fear of contamination depressed their property values. The Court cited recent cases that establish that fear alone is not enough to meet the requirement that a nuisance be visible or capable of physical detection. "Negative publicity resulting in unfounded fear about dangers in the vicinity of the property does not constitute a significant interference with the use and enjoyment of land: The potential for contamination does not amount to sufficient proof of a nuisance. Since plaintiff's were unable to establish contamination on the class land, the nuisance claim fails.
The Court determined the fear of contamination without sufficient supporting proof was not enough to establish a claim for common law nuisance. The Court found the district court ruling certifying the class was an abuse of discretion. The case was reversed and remanded.
Federal courts, Nuisance class action suits, Federal 8th Circuit, Nuisance
Leave a Comment on Fear about dangers in the vicinity of property insufficient to constitute nuisance
Failure to make minutes available "essentially contemporaneously" with the decision under Federal Telecommunications Act was harmless error
Smith Communications, LLC v. Washington County, Arkansas
Federal 8th Circuit Court of Appeals, May 12, 2015
In February 2013 Smith Communications applied for a conditional use permit (CUP) to build a 300-foot-tall cell tower in Washington County, Arkansas. The property was zoned "Agriculture/Single-Family Residential," and homes are located within 1/4-mile of the site. The criteria for granting a CUP are those general considerations typical for most zoning codes (compatibility with surrounding area, no endangerment to public health or safety, not injurious to use and enjoyment of nearby properties, etc.). The Washington County Planning Board approved the CUP, but nearby residents appealed the decision to the Washington County Quorum Court [Note: apparently a body akin to a Zoning Board of Adjustment]. The Quorum Court met twice – June 4 and June 24, 2013 – and held extensive hearings. The residents in attendance focused on safety, nearby property values, the tower's "fit" with the surrounding area, and the "destruction" of scenic views. At the end of the June 24 meeting the Quorum Court voted 10-3 to reject Smith's application. Four days later the county sent Smith an email containing a letter of denial that stated, among other things, that "the minutes and video of the first and last Quorum Court meetings will act as the County's written reason for denial." The minutes from the June 4 meeting were already available at that time; however, minutes from the June 24 meeting were not available until July 22. Smith appealed to district court citing a violation of the Federal Telecommunications Act (FTA). The district court determined that the county could not rely on the meeting minutes to constitute a legally adequate explanation for the denial under the FTA, ans so remanded the matter back to the Quorum Court with an order to explain the reasons for the denial in a writing separate from the minutes and written record. The county did so on April 18, 2014, largely citing the reasons advanced by the neighbors. The district court was satisfied with this, and so it was Smith appealing this ruling that brought the case before the 8th Circuit Court of Appeals.
Smith argued that under the district court's authority to review FTA matters "on an expedited basis" the court should have simply "ordered the issuance of a permit" because the county had failed to provide an adequate written explanation for its denial. The Court of Appeals rejected this reasoning. It noted that in T-Mobile South the US Supreme Court recently held that "a locality may rely on detailed meeting minutes so long as the locality's reasons are stated clearly enough to enable judicial review." Thus, contrary to the district court's first ruling, the county did not violate the FTA by relying on the meeting minutes.
What about the fact that the minutes from the June 24 meeting were not available until July 22? In T-Mobile South the Supreme Court also said that a local governments must provide written reasons for its denial "essentially contemporaneously" with the denial. The Court of Appeals concluded that the minutes of the June 4 meeting, which were available at the time of the denial, captured essentially the same concerns as were articulated on June 24. Representatives of Smith attended both meetings. "In light of these facts and the record before use, Smith received adequate notice of the reasons for the Quorum Court's denial….[The county's] failure to promptly make the latter meeting minutes available was, at most, a harmless error," and did not require the district court to order immediate issuance of a CUP.
The Court of Appeals also went on to determine, after thoroughly reviewing all of Smith's contentions and the record as a whole, that substantial evidence supported the Quorum Court's denial of the CUP application. "Aesthetic concerns can be a valid basis on which to deny [a] permit, so long as the aesthetic judgment is grounded in the specifics of the case and not based on generalized aesthetic concerns…that are applicable to any tower, regardless of location."
The district court decision favoring the county was affirmed.
cell towers, Federal courts, Telecommunications towers cell towers, Federal 8th Circuit, Federal Telecommunications Act
Leave a Comment on Failure to make minutes available "essentially contemporaneously" with the decision under Federal Telecommunications Act was harmless error
Ban on "profane discourse, rude or indecent behavior" near churches is impermissibly content based
SNAP, Inc. v. Jennifer Joyce, Circuit Attorney for the City of St. Louis, et al
Federal 8th Circuit Court of Appeals, March 9, 2015
In 2012 the Missouri legislature enacted the House of Worship Protection Act. It provides that a person commits the crime of disrupting a house of worship if he or she "intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services." The Survivors Network of Those Abused by Priests (SNAP) is a non-profit organization that advocates for victims of sexual abuse by clergy. Call to Action, Inc. is a non-profit organization that advocates for various changes in the Catholic Church, including the ordination of women, acceptance of gay, lesbian, and transgender people, and women's participation as altar servers. The members of both of these organizations (Plaintiffs) regularly meet near Catholic Churches to pray, hold signs and pictures, distribute literature, and attempt to communicate their messages to church personnel and parishioners. Since the adoption of the Worship Protection Act members have been asked to move on, and have been threatened with jail by church ushers and parishioners; however, no plaintiff to the litigation has been arrested by Missouri officials, nor was evidence presented that plaintiff protesters have interfered in any way with churchgoers' entry or exit from a house of worship.
Plaintiffs argued that their First and Fourteenth Amendment rights were violated by the Worship Protection Act. They claimed that the Act chilled their expression and interfered with their ability to speak in public locations where their intended audience may be reached – church leaders, workers, and parishioners. Defendants were granted summary judgment by the district court, and plaintiffs appealed to the 8th Circuit Court of Appeals.
The constitutionality of a restriction on speech depends in large part upon whether it is content based and thus "subject to the most exacting scrutiny," or a content neutral time, place, or manner regulation subject to intermediate scrutiny. The 8th Circuit focused on the Act's ban on "profane discourse, rude or indecent behavior" in or near a house of worship and found that the ban is content based. It noted that the US Supreme Court has stated that governments might "seize upon the censorship of particular words as a convenient guise for banning the expression of unpopular views." It also noted that the "unreasonably disturbs, interrupts, or disquiets any house of worship" language is the type of language disapproved of by the Supreme Court, which has stated that "audience disapproval or general concern about disturbance of the peace does not justify regulation of expression….The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." The 8th Circuit contrasted a US Supreme Court case that upheld a Colorado ban on people within 100 feet of a healthcare facility from approaching within 8 feet of another person for the purpose of "passing a leaflet or handbill, displaying a sign or engaging in protest…." It noted that the Colorado statute was content neutral because it regulated "only the places where some speech my occur" in contrast to the Missouri statute which requires an inquiry into whether speech is "profane" or "rude."
The Worship Protection Act could not survive the exacting scrutiny required of content based regulation. "The existence of content neutral alternatives to protect houses of worship from disruption, such as noise regulations…casts considerable doubt" on the government's assertion that such regulations are necessary to achieve the state's asserted interest in protecting the free exercise of religion. The district court's summary judgment in favor of the government was reversed.
Federal courts, First Amendment claims Federal 8th Circuit, First Amendment Freedom of Speech
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Ten Commandments monument in Fargo ND does not violate First Amendment Establishment Clause
August 29, 2014 gtaylor
Red River Freethinkers v. City of Fargo
(Federal 8th Circuit Court of Appeals, August 25, 2014)
A stone monument depicting the Ten Commandments, which was given to the City of Fargo by the Fraternal Order of Eagles in 1958, has been the subject of over a decade of litigation. In addition to the Ten Commandments, the monument includes other symbols such as the American flag and the "all-seeing eye" atop a pyramid. In 1961, the monument was installed in its current location on the City Plaza, "a grassy, open area mall" on City property, where it sat without legal challenge for over forty years. In 2002, the Red River Freethinkers sued the city seeking a declaration that the display of the Ten Commandments violated the Establishment Clause of the First Amendment to the US Constitution. The federal district court found in favor of the city on the grounds that because of the purpose of the gift and the other secular symbols and messages on the monument "a reasonable observer could not perceive the city as adopting or endorsing the religious message of the display." The court went further to state that "to exclude the request of a private organization, such as the Fraternal Order of Eagles, to engage in religious speech in a recognized forum on the sole grounds that their speech has religious content could arguably be a violation of their constitutional rights."
Seizing on this language, the Freethinkers offered their own monument to the city with a request that it be placed near the Ten Commandments monument. It was to be inscribed:
THE GOVERNMENT OF THE UNITED STATES OF AMERICA IS NOT, IN ANY SENSE FOUNDED ON THE CHRISTIAN RELIGION
From the Treaty of Tripoli, Approved Unanimously by the United States Senate, June 7, 1797. Signed by President John Adams
Presented to the City of Fargo by the Red River Freethinkers in recognition of the First Amendment right of every American to believe, or not believe, in any god
The city commission voted to reject the Freethinkers offer, and in order to avoid litigation further decided to donate the Ten Commandments monument to a private entity, who would then move it to a location off of city property.
This caused a stir. many opposed this decision, and a petition garnering more than 5,000 signatures required the commission to either adopt, or submit to a vote of the people, an ordinance that simply stated:
A marker or monument on City of Fargo property for 40 or more years may not be removed from its location on City of Fargo property.
The city adopted the ordinance and left the monument in place. A month later, the city adopted a policy of not accepting any additional monuments for display on the City Plaza. The Freethinkers sued again, claiming that the petition, and the city's reaction to it, had made the monument impermissible under the Establishment Clause. After jurisdictional issues were addressed, the district court granted summary judgment for the city. The Freethinkers appealed to the 8th Circuit Court of Appeals.
The Court of Appeals applied the standard announced by the US Supreme Court (USSC) for evaluating "passive monuments." In that USSC case, a Ten Commandments monument stood for over 40 years on the Texas Capitol grounds alongside other ("17 monuments and 21 historical markers") secular symbols. The USSC found that the monuments represented the several strands in the State's political and legal history," and that "the monument had a dual significance, partaking of both religion and government." The 8th Circuit found the Fargo monument to be identical to the Texas situation in every legally relevant way. The Freethinkers argued that the Christian overtones to the petition movement changed public perception of the monument to one with a single religious message; however the Court of Appeals disagreed, noting that petitioners expressed both religious and secular reasons to retain the monument, and that the city commission cited the costs of a legal challenge and the importance of "embracing and tolerating all people" as the basis for its decision. By adopting the petition, the city did not "necessarily endorse the specific meaning that any particular petitioner sees in the document." The Court of Appeals affirmed the district court and dismissed the Freethinker's petition.
Judge Bye dissented. After reciting other details of the history of the monument (including the then-mayor's statement at the 1961 dedication ceremony that the monument "would be a constant reminder to one and all that Fargo shall go forward only as it respects and lives according to the principles of the Ten Commandments"), Justice Bye noted several distinctions between the Fargo monument and the Texas monument, including: (a) unlike the Texas monument, no other monuments share the Civic Plaza in Fargo, (b) the city now has adopted a policy that no other monuments may stand in Civic Plaza, (c) Civic Plaza is flanked on three sides by public buildings, and sidewalks from the entrances to those buildings directly intersect at the monument. Judge Bye concludes from these facts that the city has rendered the Ten Commandments monument an "active monument" subject to a more stringent test, and that summary judgment in favor of the city was not appropriate.
Federal courts, First Amendment claims Federal 8th Circuit, First Amendment Establishment clause
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8th Circuit finally addresses "in writing" requirement of Federal Telecommunications Act
NE Colorado Cellular v. City of North Platte
NE Colorado Cellular, dba Viaero Wireless (Viaero) filed an application to construct a cell tower in North Platte, Nebraska (City). The application first went to the City's planning commission. the commission conducted a public hearing and received both live testimony and letters from property owners near the proposed tower site. After the hearing,the commission issued a summary report recommending denial of the application because the tower would not be in harmony with the character of the area as required by the North Platte zoning code provisions concerning cell towers. The commission provided this report to the city council. The city council then conducted its own public hearing, where two people spoke in favor of the tower and twelve spoke in opposition. The council voted 6-2 to deny the application. The minutes of the council meeting included the finding that the proposed tower "does not meet the minimum standards stated in the [zoning ordinance]…based on the [finding] that the use is not in harmony with the character of the area and it is not the most appropriate use of the land as it is a historic neighborhood and the tower could decrease property values in the area."
Viaero filed suit against the City, alleging that the decision was neither "in writing," nor "supported by substantial evidence" as required by the Federal Telecommunications Act of 1996 (TCA). The district court upheld the City's decision, and Viaero appealed to the Federal 8th Circuit Court of Appeals.
In writing. The interpretation of the TCA's "in writing" requirement up until this time has been an open question in the 8th Circuit. The 1st, 2nd and 9th Circuits require that a decision (1) be separate from the written record; (2) describe the reasons for the denial; and (3) contain a sufficient explanation of the reasons for denial to allow a reviewing court to evaluate the evidence in the record that supports those reasons. The 6th Circuit does not require that the decision and record be separate writings as long as the record permits the reviewing court to "focus with precision on the action that was taken and the reasons supporting such action." The 4th and 11th Circuits consider the burden on local governments to be even lighter than that imposed by the other interpretations. The 4th Circuit has noted that "Congress knows how to demand findings and explanations" and has not done so in the TCA. Similarly, the 11th Circuit has stated that the decision and the bases thereof can be found in the transcript of the hearing and the minutes of the meeting in which the hearing was held; neither a separate written document, nor specific findings of fact are required.**
The 8th Circuit was persuaded that the 4th and 11th Circuits articulated the better rule. The Court did not find anywhere in the text of the TCA where the denial and the written record be separate documents. Likewise, the language of the TCA does not require that the written denial state findings of fact or the reasons for the denial. "Congress may require an agency or board to state its findings. Congress did not do so here."
Supported by substantial evidence. The Court began by noting that "the TCA's 'substantial evidence' requirement does not impose substantive standards on local governments. Rather, it requires a reviewing court to determine whether the local authority's decision comports with applicable local law….It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." The city's ordinance requires that a tower "shall be in harmony with the character of the area and the most appropriate use of the land" in order to be approved. The Court found that the city council had before it the testimony of a dozen residents that the proposed tower would be an "eyesore," would be inappropriate for the neighborhood, and would not be harmonious with the neighborhood. This, the Court concluded, was enough for a reasonable mind to accept as adequate to support a conclusion that the proposed tower would would not be in harmony with the neighborhood.
**Note: The US Supreme Court has accepted the case of T-Mobile South, LLC. v. City of Roswell, 731 F.3d 1213 (11th Cir. 2013), cert. granted, 134 S.Ct. 2136 (2014) to resolve these differing interpretations.
cell towers, Federal courts cell towers, Federal 8th Circuit
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Attorneys cannot represent city, then property owners, in suit concerning quarry truck traffic
June 9, 2014 gtaylor
Zerger & Mauer, LLP v. City of Greenwood
(Federal 8th Circuit Court of Appeals, May 30, 2014)
From 2006 to 2010 the city of Greenwood, Missouri and Martin Marietta Minerals were in a dispute over a rock quarry south of the city. The dispute concerned truck traffic traveling in interstate commerce through Greenwood. eventually, the parties entered into an agreement in which Martin paid Greenwood $7 million, and Greenwood agreed to designate Second Avenue for the truck traffic. In the agreement, Greenwood declared that the truck traffic did not constitute a nuisance. Greenwood had obtained a prior judgement in the case against Martin for $12 million; therefore, Greenwood was essentially making a $5 million concession so that it could designate the truck traffic route it deemed most beneficial. Zerger and Mauer represented Greenwood throughout the dispute, receiving over $4 million in legal fees.
Subsequently in 2011, eighteen individuals who owned property along Second Avenue filed sued against Martin and others, seeking damages for a private nuisance among other claims. Zerger and Mauer served as counsel for these plaintiffs. Prior to the trial court's resolution of the merits of the case, Greenwood – a non-party to the proceedings – moved to disqualify Zerger and Mauer from representing the property owners, arguing that the firm's current representation constituted a conflict of interest. In Greenwood's view, Zerger and Mauer were advancing arguments that directly conflicted with Greenwood's interests from the prior litigation. The district court agreed and disqualified the law firm, which appealed to the Eighth Circuit Court of Appeals. After settling a jurisdictional claim, the Court of Appeals examined the conflict of interest claim.
Missouri Rules of Professional Conduct for the legal profession outline the duties an attorney owes former clients:
A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
On the question of whether the city's prior litigation with Martin was "substantially related" to the property owner's suit, the court looked first to the commentary accompanying the above-cited rule of conduct. The commentary explains that matters are substantially related "if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter." The court found it clear that the factual underpinnings of the two representations were nearly identical. "Similarly, the legal issues central to both are substantially related, largely centering on the reasonableness of Martin's conduct. Although a private nuisance claim and a public nuisance claim may protect distinct rights, the legal theories are exceedingly intertwined." Given these conditions, the court found a "substantial probability – or at the very least a substantial appearance – that Greenwood disclosed confidential information related to the negotiations that the plaintiffs could use to their advantage.
Zerger and Mauer next asserted that their representation of the property owners was not "materially adverse" to Greenwood's interests. The firm argued that the declaration in the first settlement that the truck traffic is reasonable and not a nuisance involved a public nuisance and has no bearing on the property owners' private nuisance claim. The court rejected this, being "unpersuaded by Zerger and Mauer's continued attempt to make public and private nuisances unrelated concepts…." The court stated that the firm is advocating a position that contradicts a term in Greenwood's settlement. It is seeking to collect damages on behalf of the property owners "for Martin's allegedly tortious use of Second Avenue – a path that Greenwood desires to reserve as the exclusive route for truck traffic. Not only do [the property owners] have an interest in collecting substantial damages, they also naturally have an interest in otherwise disrupting Martin's use of Second Avenue." The property owners' overall interests are materially adverse to Greenwood's interests, and as such Greenwood may demand that its former law firm not advocate for the property owners' interests. The Court of Appeals thus affirmed the district court's disqualification of Zerger and Mauer from the second litigation.
Conflict of interests and/or bias, Federal courts Attorney conflict of interest, Federal 8th Circuit
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Content-neutral zoning ordinance that resulted in total ban on adult entertainment businesses deemed valid; alternative avenues of communication existed in other jurisdictions
David Peterson and The Juice Bar, LLC v. City of Florence (MN)
Florence, Minnesota – a municipality in Lyon County – has a population of 39, and covers approximately 0.2 square miles. It is home to sixteen single-family residences, a shop where Florence's road equipment is stored, an unheated office that serves as the city office, and a park.
In 2008 the city adopted an ordinance prohibiting the operation of a sexually-oriented business within 250 feet of day cares, schools, parks, libraries, and any property zoned for residential use. At the same time the city adopted a zoning ordinance that established three zoning districts (residential, commercial, and business) and zoned the entire city residential. Sexually-oriented businesses were only permitted in the commercial district.
Peterson opened The Juice Bar in December 2010, which featured live, nude dancers. The next day Peterson was charged with three misdemeanor counts for violating the sexually-oriented business ordinance, for operating The Juice Bar within 250-feed of a park. Peterson filed suit against the city to enjoin the enforcement of the ordinance, for a declaratory ruling that the ordinance violated his First Amendment freedom of speech rights, and sought damages and attorney fees. Shortly thereafter in 2011, the city repealed its sexually-oriented business ordinance in its entirety, and amended its zoning ordinance to eliminate the business and commercial districts, citing the city's "limited infrastructure, staff, and resources" which could not support business or commercial uses. The criminal case against Peterson was dismissed, but Peterson's First Amendment suit continued; that is, until the district court dismissed the suit. Peterson appealed the dismissal.
Peterson first argued that the 2011 zoning ordinance constitutes an invalid total ban on the operation of adult entertainment businesses in the city. The 8th Circuit agreed that the zoning ordinance resulted in a total ban; however, this was not fatal to the ordinance because the ordinance prohibited an entire class of conduct – all commercial and business uses – not just adult entertainment establishments. "A regulation that serves purposes unrelated to the content of expression is deemed neutral, even if it has an incidental effect on some speakers or messages but not others." A content-neutral time, place, or manner regulation will be upheld if it is narrowly tailored to serve a substantial governmental interest and leaves open ample alternative channels for communicating the speech. The Court found that the city articulated substantial governmental interests with its zoning ordinance; mainly the preservation of the quality of life of its residents, and its limited ability to accommodate commercial or business establishments. Further, the Court found that ample alternative channels of communicating the speech existed because over 200 acres of Lyon County were zoned in a manner that would accommodate adult entertainment businesses. "The Supreme Court has left open the question of whether, at least in the case of small municipalities, opportunities to engage in the restricted speech in neighboring communities may be relevant to determining the existence of adequate alternative channels." The 8th Circuit thus walked through that opening to close the door on Peterson's claim.
Adult Entertainment Regulations, Federal courts, First Amendment claims Adult Entertainment Regulations, Alternative avenues of communication and expression, content-neutral ordinances, Federal 8th Circuit, time place and manner restrictions
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St. Louis's definition of 'sign' unconstitutionally content-based
by Victoria Heldt and Gary Taylor
Neighborhood Enterprises, Inc.; Sanctuary in the Ordinary; Jim Roos v. City of St. Louis; St. Louis Board of Adjustment
(Federal 8th Circuit Court of Appeals, July 13, 2011)
Neighborhood Enterprises manages the properties of Sanctuary in the Ordinary (SITO), a non-profit organization working with rental properties in St. Louis. Jim Roos, the founder of both organizations, is involved in the Missouri Eminent Domain Abuse Coalition (MEDAC). Roos and MEDAC commissioned a sign/mural to be placed on the side of a SITO-owned building. The sign mural/ was approximately 363 square feet in area and was visible from Interstates 44 and 55. It read "End Eminent Domain Abuse" inside a red circle with a slash through it. The sign was similar to the design MEDAC uses in other literature [NOTE: The city of St. Louis had previously condemned 24 buildings owned either by SITO or Neighborhood Enterprises for a private development project] .
In April 2007, the City's Division of Building and Inspection issued a citation for an "illegal sign" and declared that a permit was required for the sign to be in compliance. SITO applied and was denied the permit because the sign was painted on a building that was zoned "D" or "Multiple Family Dwelling," where signs are limited to a maximum 30 square feet, and also because the wall face did not have street frontage and therefore was not allowed to have signage. SITO appealed to the Board of Adjustment and countered that the sign was, in fact, a "work of art" not required to meet the zoning code's definition of "sign." The City justified the requirements in its Zoning Code on concerns for traffic safety and aesthetics. The Board upheld the zoning administrator's denial on July 2007. SITO appealed.
In district court SITO argued, among other things, that the zoning regulations were invalid and unconstitutional pursuant to the First and Fourteenth Amendments to the U.S. Constitution, and as such the Board's decision should be reversed. The district court granted summary judgment in favor of the City and the Board, finding the zoning regulations were not in violation of the U.S. Constitution and that the Board's decision was not arbitrary, capricious, unreasonable, unlawful or in excess of the Board's jurisdiction. SITO appealed this decision to the 8th Circuit.
On appeal, the 8th Circuit first looked to the issue of standing. The City and Board argued that SITO only has standing to challenge the provisions within the Zoning Code that were actually applied to the decision to deny the sign permit. It claimed that SITO could not "show a causal connection between its purported injury and the provisions of the zoning code not applied to it." The Court found that SITO had standing to challenge the clauses that were cited in the denial of the permit. Additionally, it could challenge the sections of the Code that defined a sign and the scope of signs allowed.
SITO's free speech claim was grounded in the belief that the sign regulations were "riddled with content-based exemptions and restrictions." Furthermore, traffic safety and aesthetics were not previously considered "compelling" interests of the government. The Court found that the Code's definition of a sign was unconstitutionally content-based because "the message conveyed determines whether the speech is subject to the restriction." If a sign/mural of the exact same dimensions and at the same location contained a symbol or crest, or if it were a national, state, religious, fraternal, professional or civic symbol it would not be subject to the city's regulation. The Court also found that while the regulations may generally promote aesthetics and traffic safety, the city failed to show how the distinctions between exempt and non-exempt signs found in the code further those goals. The court further held that the code's exemptions are not narrowly tailored to accomplish goals of traffic safety or aesthetics which, "while significant, have never been held to be 'compelling' government interests.
The Court determined the regulation's definition of a sign to be a violation of the First Amendment but could not rule on whether those clauses could be effectively separated from the Code since the district court never addressed the issue. It reversed the decision and remanded the case in order for the district court to rule on that matter.
Federal courts, First Amendment claims, Signs and billboards Federal 8th Circuit, First Amendment, Signs and billboards
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Surface water permit holders not entitled to a predeprivation hearing when DNR issues notices to cease witdrawals
Keating v. Nebraska Public Power District, Nebraska Department of Resources, et al.
(Federal 8th Circuit Court of Appeals, November 8, 2011)
Due to a decrease in water levels in the Niobrara watershed, in 2006 the Nebraska Public Power District (NPPD) requested that the Nebraska Department of Natural Resources (DNR) issue Closing Notices (notices to cease water withdrawals) to hundreds of farmers and ranchers who held surface water appropriation permits that were junior to those permits held by NPPD. In the summer of 2007, the DNR issued such Closing Notices to junior permit holders without providing them notice or a hearing prior to the issuance of the Closing Notices. The appellants filed suit, arguing that the Closing Notices effected a property deprivation, and accordingly they were entitled to the procedural due process protections of a predeprivation hearing. The district court dismissed the suit, holding that the claim was not ripe and that appellants had not exhausted administrative remedies prior to filing the complaint. After an initial decision, an appeal to the 8th circuit and a remand, district court determined that although the appellants held a property right that entitled them to use the surface waters of the Niobrara River, that right was qualified and subject to the DNR's administration of the appropriation system. Also, the district court held that the DNR's administration of the system did not cause the appellants to suffer a deprivation of their property rights. Accordingly, the district court granted summary judgment in favor of the appellees.
In this case the appellants argue they are entitled to a predeprivation hearing prior to the DNR conducting its administration of the Niobrara Watershed and issuing Closing Notices. Specifically, appellants seek a predeprivation hearing to challenge the validity of the NPPD's permits on the grounds that the NPPD was not beneficially using its appropriation to produce power and to challenge the DNR's determination of water scarcity. In addressing the right to a hearing – due process question – a court must first determine whether state action has deprived an individual of a protected property interest, and only after finding such a deprivation does the court consider whether available procedures for challenging the deprivation satisfy the requirements of due process. The US Supreme Court "usually has held that the Constitution requires some kind of hearing before the State deprives a person of liberty or property." The 8th Circuit noted that the parties agreed that a water permit entitling the holder to use surface water within the capacity limits of the Niobrara Watershed represents a property right under Nebraska law. That right, however, is not one of ownership of the surface water prior to capture. Instead, the holder of a permit acquires the rights granted by the permit, and is subject to constraints articulated by the permit. Here, the appellants' permits allows them to use specific amounts of surface water so long as there is sufficient capacity, subject to the rights of senior appropriators and subject to regulation by the State through the DNR. Appellants argued that when the DNR administers the Niobrara in a manner that requires permit holders to stop taking water, the state should conduct a hearing to give permit holders an opportunity to challenge the DNR's determination that there is a scarcity. The 8th Circuit rejected this argument. On the face of the permits, permit holders are warned that there are periods of time when water supply on the Niobrara River is insufficient to meet the demands of all appropriators and that permit holders are "hereby given notice that [they] may be denied the use of water during times of scarcity." Thus, when the DNR determines that the watershed no longer has the capacity to supply all permit holders, appellants no longer have a legitimate claim of entitlement to use the surface water and thus do not suffer a deprivation of a property right. The 8th Circuit affirmed the determination of the district court that appellants did not suffer a deprivation of their property rights by the DNR's actions.
Due Process, Federal courts, Property law, water resources Federal 8th Circuit, legitimate claim of entitlement, procedural due process, water rights
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I discovered Paydotcom's Website last year after reluctantly using Jonathan Leger's The Best Spinner , I was pretty impressed with the software and started referring it to people. Paydotcom is pretty good too and I've even made a little profit from it so far, I'm looking into more of Jon's products like the Instant Article Wizard and Instant Article Factory next. They look pretty promising as well.


The new BlackBerry Key2 LE sports a more lightweight, stylish design and a lower price tag as BlackBerry courts both entry-level consumers and the B2B market at IFA in Berlin.
BERLIN—BlackBerry knows what its fans want. After the launch of the BlackBerry KeyOne last year and the BlackBerry Key2 in June, the new Key2 LE joins its two precedessors in sticking to the basics of what really appeals to BlackBerry users—the keyboard.
Announced here at the IFA tech trade show, the BlackBerry Key2 LE varies slightly in design and hardware but boasts the device elements for which BlackBerry is known: privacy and security.
Interestingly, BlackBerry didn't feel the need to try something dramatically different with the LE. The rumored no-keyboard BlackBerry device and the even more unlikely Palm device were nowhere in sight. Several months after launch, the Key2 can be found in most of BlackBerry's core markets and should be available in all of them by late September. There's also been increased device deployment and enterprise interest in the business-to-business (B2B) space.
The Key2 LE is intended to build off the success of the Key2 and broaden BlackBerry's appeal by acting as an entry point for new customers and markets. That means in both design and price, the LE is the more affordable, less premium version of the Key2.
The lighter weight and plastic build does make it seem a little less durable, but the Key2 LE still has a pane of Gorilla Glass on the front. The back is grippy, and felt quite comfortable in my hand. Dimensions are mostly the same as the Key2, meaning it can be a little wide if you're trying to use it with one hand. The 4.5-inch 1080p screen is sharp and fairly bright, though it may be reflective in direct sunlight. The screen certainly reflected the light in the brightly lit room in which I gave the smartphone a spin.
Most other physical features are the same. You get the same buttons in the same location, including the programmable function key on the side, which by default is mapped to Google Assistant with a single press or Google Lens with a double press. Unlike Samsung with Bixby, functions aren't hard-coded so you can remap it to the app of your choice.
The keyboard is approximately 15 percent larger than the KeyOne's, and has the same easy-to-press angled keys as the Key2. I found the typing experience to be comfortable. Each key is individually programmable through new Speed Key functionality, which enables shortcut access from anywhere on the device at any time.
Where the Key2 has an almost industrial look, with sides of machined aluminum and a weighty feel, the Key2 LE is more lightweight and has a bit more flair. It comes in several colors with a band of bright red (BlackBerry calls it atomic), champagne, and more standard silver running along the sides and in the seams between the keys. The back is still padded with a soft touch finish and stylish, but the new color options are a nice departure from the conservative, professional design on the Key2—especially for users who aren't going to use it for business.
The one omission here is the removal of the capacitive gestures that allowed you to swipe on the keyboard for different functions. BlackBerry says it removed them because most customers who might be interested in the LE are more keen on using the keyboard itself rather than another side feature.
The Key2 LE may not compromise too much when it comes to most physical features, but it is scaled back in specs. It's powered by a Qualcomm Snapdragon 636 processor and comes with 4GB of RAM rather than the 660 chip and 6GB of RAM you get on the Key2.
The two storage options are 32GB and 64GB models. You'll find a 3,000mAh battery under the hood (charged by USB-C) with some added "intelligent" software features that can provide contextual reminders to charge it. For instance, the phone will keep track of your calendar so it can remind you to charge when you have events coming up. The Key2 LE will also refrain from reminders when the device knows you'll be using it.
There's also Qualcomm Quick Charge 3.0 fast charging with the included adapter. BlackBerry says customers can get 22 hours of battery life out of the Key2 LE under standard usage, but we'll put it to our more intensive streaming test back in the PC Labs to see how it does.
We generally weren't too impressed by the camera on the Key2, and it doesn't look like the LE will change much in that regard. However, it is worth noting that BlackBerry added Portrait and Slo-Mo modes in the LE.
There's a 13MP and 5MP rear sensor, which took okay shots in terms of clarity and color reproduction when tested in the brightly lit room during our hands on. Launching the camera app felt a bit slow and took a couple seconds to snap photos. The Key2 LE also doesn't seem like it'll do too well in lower light settings, but we'll reserve judgment for more thorough testing.
Software should be more or less identical to the Key2. That means you get a device running Android 8.1 Oreo with an update to Android Pie promised.
In addition, BlackBerry has some of its own custom apps and software including the DTEK security dashboard app and Locker, which helps you manage device security and status. Locker is particularly interesting because you can 'lock" various apps, hiding them from access until an additional fingerprint unlock or pin code is entered. If you have selfies on the risque side, you can put photos in Locker and keep them from being synced to the cloud.
BlackBerry may call the Key2 LE entry-level, but it's closer to what we'd consider midrange in the unlocked market.
The real sales for the Key2 LE may not come from average consumers, but from businesses. The LE is geared toward fitting the budgets of finance and law firms that may want to equip their entire management level with a range BlackBerry devices. For example, senior management might get the more costly Key2 while junior managers get the LE.
Regardless, we're looking forward to putting the BlackBerry Key2 LE to more comprehensive testing and will update as we discover more details on LTE bands and carrier availability. Stay tuned for more.


Thanks to the 40 plus participants who made the 2015 Playshop a resounding success. A wonderfully warm and friendly gathering at Wiston Lodge topped of with a humdinger of a graduation circle.
See you next year for 6 days minimum.
Arthur, Paul, Stev and Dr Jane.