The Rose by Alia Baroque.
Alia Baroque's sim for each fantasy faire is always eagerly anticipated and there is a wait list *I assume anyway* to be one of the lucky stores to have a shop on it. You'll find some well known SL brands on his sim.
This years sim makes me think of Venice Italy. Tall weathered multi storied buildings, Waterways instead of streets, statues littered all about and rooftop gardens and parks. It speaks of an elegance of a bygone era that is still managing to hang on. Calming yet, mysterious, one expects to see gondolas in the water and find all sorts of hidden areas scattered about.
I took my photos on two different days and apparently between those days Alia changed his mind on the sim Windlighting. So that's why I have two different ones, as in my photos of sims that have a windlighting I like to show it off as the creator intended for it to be seen.


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text:
Evidenze numismatiche hanno suggerito ad alcuni studiosi una reggenza di Severina successiva alla morte del marito, cosa che la renderebbe l'unica imperatrice di un Impero romano ancora unito.

Biografia

La sua esistenza è attestata dalla numismatica e dall'epigrafia, mentre non viene citata direttamente dalle fonti letterarie. Era la moglie dell'imperatore Aureliano.

Le venne conferito il titolo di mater castrorum et senatus et patriae, tipico delle influenti donne della dinastia dei Severi, oltre che «divina». Esiste la possibilità che fosse la figlia chiamata Severina dell'imperatore Filippo l'Arabo e di Marcia Otacilia Severa. Il titolo di augusta le venne probabilmente conferito nell'autunno 274, in quanto tutte le iscrizioni che lo riportano sono successive a quella data, mentre precedentemente è attestato il titolo pia, e le monete coniate a suo nome sono successive all'inizio del sesto anno di regno del marito. Nelle monete è raffigurata con un copricapo lunato e con il profilo su uno spicchio di luna, evidente richiamo alla dea Diana-Selene, così come il marito Aureliano era raffigurato con la corona a raggi del dio Apollo-Helios.

Esiste la possibilità che Severina abbia regnato da sola nell'"interregno" tra la morte di Aureliano e l'elezione di Marco Claudio Tacito: in tal caso sarebbe l'unica imperatrice romana a governare di proprio diritto. Tale ipotesi è supportata dalla profusione di monete coniate a suo nome e databili all'ultimo anno di vita di Aureliano, dall'utilizzo della legenda CONCORDIA AVG invece di quella più tipica per due imperatori (CONCORDIA AVGG), e per la presenza su alcune monete coniate ad Antiochia di simboli di zecca usati da Tacito ma non da Aureliano.

Note

Bibliografia
 Watson, Alaric, Aurelian and the Third Century, Routledge, 2003, ISBN 0-415-30187-4, pp. 113-116.
 «Vlpia Severina 2», PLRE I, p. 830.

Altri progetti

Consorti degli imperatori romani
Auguste romane
Severina

redpajama_set_name: RedPajamaWikipedia


Books are an excellent gift for preschoolers. They teach valuable life lessons and help develop language and listening skills. Reading is a fun activity for you and your preschooler that sparks their imagination and teaches them crucial lifelong skills. We've compiled a list of our favorite books for you to consider while doing some holiday shopping for your little one.
One of the best-selling children's books of all time, The Cat in the Hat is filled with amusing rhymes and lively illustrations. It tells the story of a cat who shows up at the home of Sally and her brother on a rainy day. The cat tries to entertain the children while wrecking the house in the process. For a fun story that your child will love reading over and over again, you can't go wrong with Dr. Seuss!
The Giving Tree is a melancholy story about the life-long relationship between a boy and a tree. It teaches children about giving, friendship, and love.
Harold and the Purple Crayon is a simple story about a boy named Harold who uses his purple crayon to create his own adventures. It's a tale of imagination as well as responsibility. Harold makes sure to create landmarks for himself so he can always find his way back home.
This book recounts the mishaps that a boy named Alexander encounters throughout his terrible, horrible, no good, very bad day. It shows kids that not every day will be a good day, but that's okay.
Chicka Chicka Boom Boom is a colorful book that makes learning the alphabet fun.
The Very Hungry Caterpillar uses bright collage illustrations to tell the simple story of a caterpillar who eats until he transforms into a butterfly. It incorporates educational concepts such as the days of the week and foods.
This book tells the story of what happens when you give a mouse a cookie. The mouse asks for a glass of milk, and then a straw, and the demands of the mouse keep piling up until the end of the book where the last thing he asks for is another cookie. If You Give a Mouse a Cookie introduces children to the concepts of "if/then" logic and consequences.
This interactive book lets children's imaginations run wild. Just follow the instructions on each page and watch the dots change. Press Here is an enjoyable way for children to learn about colors, numbers, and following instructions.
Goodnight Moon is one of the most popular bedtime stories of all time. It tells of a bunny whose bedtime ritual involves saying goodnight to all the objects in his room. The book's slow pace and calming effect makes preparing your child for bed easier, and maybe even inspire a bedtime ritual of their own.
Corduroy is the story of a teddy bear who waits on the department store shelf for someone to be his friend. Corduroy wanders around the store, trying to find his missing button. He never finds the button but he finally finds a girl who gives him a home.
Follow Pete the Cat around as he gets his white shoes all dirty by stepping in things like mud and blueberries. Pete is optimistic though and doesn't let his dirty shoes ruin his day; he just keeps singing his song. The book gets kids involved by asking questions about the color of food and objects.
Another great bedtime story, Llama Llama Red Pajama is about the drama that ensues when Baby Llama's Mama leaves after tucking him in for bed. Children can easily relate to Baby Llama's anxiety and will feel reassured by Mama's words.
These books are sure to be enjoyed by children and parents alike. Take time to create fun memories with your children over the holidays and spend time reading some of these great books.
At Bayside Discovery Center we teach from a literature-based curriculum. We believe that reading with your preschooler now will help to foster a lifelong love of learning. Contact us to learn more about our preschool and VPK programs as well as before and after school care.


text:
fredag 1. november 2013
I played this excessively when it was released in 1992. Norwegian band Bel Canto's third album, Shimmering, Warm And Bright, was one where they took a giant leap forward, building upon their chilly, electronic sound and creating a far warmer and richer one, but not without losing themselves along the way. In effect reduced to a duo after founding member Geir Jenssen had left, singer Anneli Drecker and programmer and keyboard wizard Nils Johansen took the band further than ever before, both sonically and commercially, with the invaluable help of percussionist Andreas Eriksen who became a very important part of the Bel Canto sound at this stage. The title track was the lead single off an album without a bad note on it. "Shimmering, Warm And Bright" (both the song and the album) will always sound great.

redpajama_set_name: RedPajamaCommonCrawl


text:
By anon - United States
Today, while babysitting, I made the kids and myself peanut butter and jelly sandwiches. When their parents came home, their dad took out the same container of peanut butter I had used and let their dog lick out of it. FML
Insane parents
I'm a mess
By Anonymous - United States - Brunswick
Today, my dog once again desperately tried to yank me straight into the path of a bus. FML
By Anonymous - 14/4/2020 02:00
Cold-blooded old times
Today, going through my dead grandma's papers, we found old faded photos. I showed them to my mum, who screamed in shock. They were grandma and granddad's erotic photos from about seventy years ago. FML
Today, I managed to electrocute myself on a plug socket while I was showing a group of trainee electricians how not to electrocute themselves while rewiring a plug socket. FML
By VDM - France - Poissy
Today, my 6-year-old son was so angry at me for not buying him overpriced candy at the airport, that he told a security guard I had a machine gun in my suitcase. The interrogation was not pleasant. FML
By anonymous - Australia - Mittagong
Today, I had to give a speech as part of my campaign for school captain. I was rather happy with it and so I told another candidate my speech. Apparently it was a good idea as minutes later that same candidate stole my entire speech, leaving me looking like a complete idiot. FML
By Apparently not a writer - United States - Hockessin
Today, I uploaded the first chapter of my best writing yet to a popular writing website. After ten minutes, I was thrilled to already see one review and five comments. Each comment was telling me to immediately delete the story because of how horrible it was. The rating was half a star. FML
By spleechick - United States
Today, I decided to bleach my belly hair. I bought some body hair bleach at the drug store, and I used it exactly as instructed. When I removed it, I was horrified to see my belly was about three shades lighter than the rest of my body. The hair was still exactly the same darkness. FML
By Kaite
Today, I was working at Subway when a middle-aged lady demanded that I give her a sandwich for free. When I refused, she took out a spray bottle of water and sprayed me in the face, like a cat. FML
Today, at Walmart, a lady came up to me and informed me that I "look like the kinda skank that'd give it up on the first date". FML
By Ali - 4/10/2020 23:02
Today, my boyfriend came over for the first time and we were alone. He was being super romantic and snuggling with me, and then out of nowhere he let out the biggest fart I've ever heard. He then explained how I should try to compete with it. FML
By xo007 - United States
Today, as I stepped into the shower, I slipped and fell over the edge of the tub, pulling the shower curtain down with me. I called my roommate to help me up as I put on a towel over me. But before she could help me up, she grabbed her phone to take a picture. The picture became a mass text. FML
By fionna_fiamma - Slovenia - Maribor
Today, my boyfriend came to my house for the first time. Today was also the day my body decided to throw up violently for four hours while he awkwardly sat beside me, waiting for his ride home. FML
By evelynn - France
Today, the guy I'm seeing and I were having sex. While I was having my orgasm, he looked at me and said "SHHHH!". FML
Today, I tried to get the day off because of snow and ice on the roads, which had already caused 2 accidents close to my house. My boss just called me a useless millennial, fired me, and hung up the phone. FML
By Anonymous - Canada - London
Today, my mom wouldn't let me go to the YMCA pool with the rest of the family. She said that the sound my thighs make when they rub together is "embarrassing". FML
By je_regrette_tout - France - Livry-gargan
Today, a technician from my ISP came to my house to replace my router. He asked for a glass of water, one thing led to another, and for some reason I'll never fully understand, we ended up having sex. Looks like porn logic is not so far off the mark after all. FML
By anonymous - United States - Inverness
Today, after months of helping my mother with bills because she claimed she had no money, I found out she makes way more than what I do. She just wanted my money for alcohol and drugs. FML
By anon - Australia - Melbourne
Today, after coming home from an AFL match in Melbourne at about 11pm, I saw a woman asleep on the train as we neared the end of the line. Being a nice person, I went to wake her, to which she started screaming and trying to punch me. FML
By GeorgiaBOYY - United States
Today, while using the bathroom on an airplane, someone walked in on me wiping my butt. That person just so happened to be the stranger I was sitting next to. It was an 8 hour flight. FML
By hatedatwork - United States - Shreveport
Thanks mom!
Today, my CEO called and spoke to me like I'm a child. Apparently, she has a surprise for me, "but only if I clean up my office first." She hasn't been to my office in months because she works in another state. Turns out, someone texted her a picture of my messy office. FML
By bowler99 - United States - Brooklyn
Today, my little brother walked in on me and my girlfriend having sex and threatened to tell my parents. I paid him $30 to keep quiet. 15 minutes later he told them. FML
By Anonymous - United Arab Emirates - Dubai
Today, my mother described what her ideal daughter-in-law should be like. Half-way through her description, fishing for some compliments, I told her that such a girl would be way above my league. She sighed and emphatically agreed. FML
By Peter80 - Netherlands
Today, at work, our new cute intern asked me if I could explain my work. Taking a cool posture sitting on her desk I explained. After 10 minutes I walked away, only to hear her laughing with the girl next to her. Turns out my fly was open. And I didn't wear underwear. FML
By greatdriver...4 - United States
Today, I tried to back out of a spot in a parking garage. I did a 12 point turn, hit the car behind me and still didn't manage to get out of the spot. Everyone was staring at me, and the attendant had to come over and move my car for me. I have to park there every day. FML
By poururheartout
Today, I went to the ER as I have an ulcer and I was exhibiting signs of a perforation. This is when the gorgeous doctor told me he had to stick his finger up my butt to check for rectal bleeding. FML
By Missa - Canada
Today, one of our store's beach balls came out of nowhere and whacked me in the back of my head. I started reaming out two young girls for playing in the store, even when they said it wasn't them. Soon after, one of my employees admitted that it was her. I made some 7-year-olds cry and it wasn't them. FML
By Flaps - United States
Today, my boss fired me for being on Facebook at work. He did it via a wall post on Facebook saying, "ur fired." Six of my friends liked this. FML
By Anna - 20/12/2020 05:02
Today, it's the first day of a long-needed vacation after weeks of stress and overtime. I'm having such intense period cramps, I'm bathed in sweat. FML
By hatethatiloveyou - United States
Today, my crush talked to me for the first time. He told me to stop staring. FML
By Alexandra - United States - Gaithersburg
Today, I found out that my boyfriend and one of his friends have been having sex with each other. His excuse? "She's my best friend, we do this all the time." I have been dating him for over a year. FML
By Anonymous - 27/10/2020 22:58
Today, my boyfriend accused me of making an FML about him. I let him know that if I were going to make an FML, it would be about how he doesn't flush the toilet after he uses it. He responded by not flushing the toilet again this morning. FML
By Di Da - 6/7/2020 23:02
Today, my boss came to my desk and asked me how the work is going, then he just walked away in the middle of me explaining a problem in the project. When I wanted to make an appointment with his secretary, she told me he isn't going to have any time this and next week. FML
By Anonymous - United States - Elmwood Park
Today, my best friend wanted to see what my new boyfriend looks like. By chance, he'd sent me a Snapchat a few minutes before, so I opened it to show her, only to see that it was a dick pic. FML
Today, I was rejected from the University of Washington. My dad has been a professor there for 30 years, and is on the board of admissions. FML
By Anonymous - United States - Salem
Today, a guy I like asked me to a dance. Trying to act modest and at the same time compliment him, I told him, "You could do so much better, though." After thinking for a moment, he replied, "You're right, I could. Never mind," and walked away. FML
Today, I was forced to go to the mall with my dad. He wore a bear suit the entire time. FML
By yek - Israel - Tel Aviv
Today, I'm spending Christmas Eve at the hospital. Why? Because when I blew my nose, a ball of flesh connected to a tendril of skin shot out, and it wouldn't go back up. FML
By Angie - United States - San Francisco
Today, my boyfriend broke up with me and filmed it, because it would "be a big hit on YouTube." FML
By Bec99 - Australia - Bassendean
Today, I found out I have celiac disease. I also happen to be a baker and will be constantly reminded of all the wheat products I can no longer enjoy. FML
By bottomdrawerraider - United States
Today, my mother was over visiting. My three year old ran out of my room chasing the cat with his toy. He smacked the cat with it, the cat scratched him, he dropped it and ran away. I was busy with the baby so I asked my mom to take the toy away. She walked back holding my pink dildo. FML
By Isandri | 29
#6398313 - Monday 31 August 2015 10:06
Well, you did your job anyway. At least you strengthened the kids' immune system.
How on earth would anyone assume that it was a dog treat?!
By Spark_Slicker | 19
Maybe that was the first time he let the dog eat out of it to just finish the rest? Hopefully, at least.
kayposion | 17
I hear dogs mouths are cleaner than ours!
OysterPearls | 33
15, I've seen dogs eat crap, lick their own behinds, and stick their faces in the behinds of other dogs. Pretty sure their mouths aren't cleaner than ours.
Arestian | 14
im pretty sure alot of people do that too as well
Jowisee | 29
You don't know where #15's mouth has been.
Catdragon | 40
people do that too but call it sex
Mmaster116 | 11
Mythbusters had tested the myth, found out a dog's mouth is cleaner than a human's.
muzy | 23
#6398822 - Tuesday 1 September 2015 1:04
#26 Eat faeces? what kind of intercourse are you having, for the love of God?
MikaykayUnicorn | 36
#34, I have four words for you: Two girls, one cup.
By DMA0712 | 22
Are you sure the kids ate their sandwiches and didn't just give them to the dog?
daltond27 | 10
Either way, OP ate one also.
By pphead | 5
The dad couldn't label the container or anything? Lmao I'm sorry that happened op, at least you had good intentions. But FYL.
By DocBastard | 38
I never did understand why so many dog owners let their dogs lick their faces. Do they not realise where their dogs' tongues have been? You may as well rub your face directly in cat shit.
ChimeraThorne | 19
Thank you, someone with common sense. My in-laws think it's funny when their dog licks my kids faces (6 months and 4 years), and can't understand why I am so against it, because "he's just saying hello".
MetalxSoldier | 26
I highly doubt it but I hope you're right.
If OP made the kids' sandwiches first, the dog's saliva might not have gotten on OP's sandwich. I don't think I'm a good optimist.
If I had a peanut butter jar uniquely used as a dog treat, I don't think I would place it with the food that I eat.
By Greattitan2 | 13
At least the father did not use the peanut butter for a darker purpose
Morning_fml | 22
Nobody in their right mind would use peanut butter for a "darker purpose".
HappyItalian | 38
Yes, because that's exactly what he wants to do as soon as he gets home in front of his kids and the babysitter.
JustinJK | 21
I use peanut butter for darker purposes :):)
By Lalala579121 | 27
Look at the bright side, it's still better than if they had drunk out of the toilet.
By Jowisee | 29
Ugh, thats disgusting. Why some people think it's OK to do things like that, I'll never know.
By chaseafterwind82 | 29
'IT'S PEANUT BUTTER JELLY TIME!'


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2024 WBSC Men's Softball World Cup Group Stage + 2025 Men's World Cup Finals Awarded To Canada
Posted by Softball NL | Jan 11, 2023 | News
Ottawa, Ont. – Softball Canada is very pleased to announce that the World Baseball Softball Confederation (WBSC) has awarded a 2024 WBSC Men's Softball World Cup Group Stage and the 2025 World Cup Finals to Prince Albert, Sask. Both events will be held at Max Power Ball Fields in Prime Ministers Park in July 2024 and 2025.
In 2024, Prince Albert will host a Group Stage consisting of six teams, with two other countries also hosting a group stage consisting of six teams each. The top two teams from each group and two wild card entries will then advance to the 2025 World Cup Finals.
"We are thrilled to have the opportunity to host such a prestigious event in Canada and bring the excitement of World Cup softball back for Canadian fans," stated Scott Neiles, President, Softball Canada. "We would like to thank the World Baseball Softball Confederation for giving us the honour of hosting the exciting event. We would also like to take this opportunity to express our gratitude to the Prince Albert Bid Committee for their interest and unwavering support."
The city of Prince Albert is no stranger to hosting international softball events, having previously hosted the U19 Men's World Cup back in 2018, where Canada finished fourth.
"Our host committee, along with the City of Prince Albert is very pleased to be once again chosen to host this most prestigious WBSC Softball World Cup event. The best men's softball players in the world are coming and we can't wait to show them our local hospitality, great facilities, and area attractions that Prince Albert has grown to be so proud of," said Derek Smith and Ian Litzenberger, Prince Albert Co-Chairs of the Organizing Committee. "Thank you WBSC Executive Board for the confidence and support in giving us another opportunity to show you and the participating countries what our local Saskatchewan community can do when it comes to hosting major events like these upcoming WORLD events."
The Continental Qualifiers are expected to be held throughout 2023 and early 2024.
Team Canada is currently ranked second in the WBSC official rankings after capturing the silver medal at the 2022 Men's Softball World Cup.
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Iowa State University Extension and Outreach The Midwest Planning BLUZ
Planning & Zoning Workshops
Flooding in Iowa
Local Food Systems
Tag: Right to Farm legislation
Prestage Farms CAFO in Poweshiek County not protected from nuisance suit by Iowa Code
December 4, 2016 gtaylor
by Gary Taylor
Patricia McIlrath v. Prestage Farms of Iowa, LLC
Iowa Court of Appeals, November 23, 2016
The McIlraths purchased their farm in rural Poweshiek County in 1971. Their son and his family also live on the farm, in a house about 300 feet from the original farmhouse where Patricia and her husband live. In 2012 Prestage Farms built an animal confinement facility (CAFO) for 2,496 hogs about 2,200 feet from the McIlrath's home. In July 2013, the McIlraths brought suit against Prestage, claiming the odor from the CAFO constituted a nuisance. Prestage requested summary judgment prior to trial, claiming immunity from the suit based on Iowa Code 657.11(2) (Iowa's right-to-farm legislation), but the Poweshiek District Court granted summary judgment in favor of the McIlraths on this point, finding section 657.11 to be unconstitutional based on the Iowa Supreme Court's ruling in Gacke v. Pork Xtra. The Court found, even if the statute was not unconstitutional based on the facts of the case, the statute would not provide immunity to Prestage Farms if (1) the CAFO unreasonably and for substantial periods of time interfered with the person's comfortable use and enjoyment of the person's life and property, and (2) the CAFO failed to use existing prudent generally accepted management practices reasonable for the operation. The jury returned a verdict affirmatively determining that both points were met by the evidence. It awarded damages of $100,000 for loss of past enjoyment, $300,000 for loss of future enjoyment, and $125,000 for diminution of property value. Prestage appealed.
The Court of Appeals first examined Prestage's claim that Iowa Code 657.11 in fact confers immunity from nuisance claims in the present case. The court focused on the following passage from Gacke:
Property owners like the Gackes bear the brunt of the undesirable impact of this statute without any corresponding benefit. Moreover, their right to use and enjoy their property is significantly impaired by a business operated as a nuisance, yet they have no remedy. Unlike a property owner who comes to a nuisance, these landowners lived on and invested in their property long before Pork Xtra constructed its confinement facilities. Under these circumstances, the police power is not used for its traditional purpose of insuring that individual citizens use their property "with due regard to the personal and property rights and privileges of others." [citation omitted]. Instead, one property owner—the producer—is given the right to use his property without due regard for the personal and property rights of his neighbor. We conclude that section 657.11(2) as applied to the Gackes is unduly oppressive and, therefore, not a reasonable exercise of the state's police power. Accordingly, the statutory immunity violates article I, section 1 of the Iowa Constitution and may not be relied upon as a defense in this case. We express no opinion as to whether the statute might be constitutionally applied under other circumstances.
The Court of Appeals concluded that in all relevant aspects, the factual situation in the present case was substantially similar to that presented in Gacke, making 657.11 unconstitutional in the present case. There was no evidence McIlraths received any benefit from the statute, and they lived on and made improvements to their property long before the CAFO was built.
Prestage claimed several irregularities in the trial proceedings warranted a new trial; however, the Court of Appeals rejected all Prestage's claims. Similarly, the court rejected all claims of Prestage that the evidence submitted at trial was insufficient to support the jury's conclusion of liability and award of damages.
Agricultural Uses/Agricultural Exemption, Iowa Court of Appeals, Nuisance, Right-to-Farm Iowa Code 657.11, Iowa Court of Appeals, Nuisance, Right to Farm legislation
Leave a Comment on Prestage Farms CAFO in Poweshiek County not protected from nuisance suit by Iowa Code
Land application of biosolids was "normal agricultural operation," triggering right-to-farm protections
February 8, 2016 hdankbar
by Hannah Dankbar and Gary Taylor
Gilbert v. Synagro Central
Pennsylvania Supreme Court, December 21, 2015
Appellees are thirty-four individuals who own or reside on properties next to a 220-acre farm in York County, Pennsylvania. The farm contracts with two companies who recycle biosolids to be used as fertilizer.
Between March 2006 and April 2009 approximately 11,635 wet tons of biosolids were applied to the farm. Appellees claimed that when the biosolids were applied there were strong, unpleasant odors that impacted their daily lives and made some residents ill.
Appellees complained to local officials, the biosolid companies and state officials with no response. In 2008 they filed two three-count complaints, which were consolidated. One of the complaints was that the appellants' biosolids activities created a private nuisance.
Appellants argued that § 954(a) of the Right to Farm Act (RTFA) barred the nuisance claim. The relevant part reads:
No nuisance action shall be brought against an agricultural operation which has lawfully been in operation for one year or more prior to the date of bringing such action, where the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation and are normal agricultural operations.
The trial court determined that land application of biosolids is a "normal agricultural operation" under the RTFA. They found that land application of biosolids was not a substantial change in the farm business, and that farms have used different types of fertilizer for centuries. Also, appellees failed to identify what duty appellants owed them, which is an essential part to their claim.
On appeal the Superior Court reversed and remanded the nuisance claim. The court identified three requirements of the RTFA that must be met for a nuisance action to be barred: (1) the agricultural operation has an established date of operation at least one year prior to the filing of the action; (2) the conditions or circumstances constituting the basis of the action have been substantially unchanged since the established date of operation; and (3) the conditions are a "normal agricultural operation." The court found that the first two requirements were met, but the third was not because there was no factual finding that application of biosolids was a "normal agricultural operation." Regarding the second requirement, the court determined that a substantial change can reset the clock on the one-year allotment to file a claim. However, application began in 2006 and the complaint was not filed until 2008.
On appeal, the Supreme Court agreed with the Superior Court's decision on the first two requirements. It then further addressed the question of whether the trial court correctly concluded that land application of biosolids as fertilizer is a "normal agricultural operation." In addressing this question the court made extensive inquiry into the history of the land application of biosolids as fertilizer, related statutes and regulations, case law and executive agencies' views. At the conclusion of this inquiry the Court found support to determine that the application of biosolids falls under "normal agricultural operations." Because the RTFA is meant to protect farmers from nuisance claims, the definition of normal agricultural operations must reflect accepted changes in agricultural practices, including the increased use of biosolids. The result was that the farm was protected from the nuisance claim.
Nuisance, Right-to-Farm Pennsylvania state courts, Right to Farm legislation
Leave a Comment on Land application of biosolids was "normal agricultural operation," triggering right-to-farm protections
Fine for zoning violation can only be imposed "upon conviction" in court
January 21, 2016 hdankbar
Claybanks Township v Paul and Tana Feorene
Michigan Court of Appeals, December 8, 2015
Paul and Tana Feorene own 40 acres of land in Claybanks Township. They built a greenhouse, gazebo and hay barn on their property without obtaining zoning permits according to the Claybanks Township Zoning Ordinance (CTZO). The Township sued the Feorenes and requested that the trial court order them to remove the structures, but the Township was ordered to issue the zoning permits at the standard fee for the three structures.
The Township argued that the trial court did not follow CTZO and Michigan Zoning Enabling Act (MZEA). CTZO §§ 203 and 207 require a zoning permit to be obtained before construction begins and that any construction before a permit is obtained is a nuisance and must be abated. There is no question that the Feorenes violated CTZO by building the structures without permits; therefore the issue becomes the abatement of the nuisance. The abatement could be accomplished either by razing the buildings or issuing the permits, and courts have broad discretion in granting relief appropriate to the circumstances. Once the Feorenes were notified that they needed zoning permits for the structures they attempted to get them; however, the Township conditioned granting the permits on the payment of a $3,100 fine it had already imposed on the Feorenes for violating CTZO. The Feorenes refused to pay the fine and built the buildings anyway.
CTZO §208 imposes a $100 fine "upon conviction" of violation of the CTZO, and each day the violation continues shall be deemed a separate offense. Applying the rules of statutory interpretation, the court concluded that because the Township had not brought an action in court there could be no "conviction." As a result, the $3,100 fine was inappropriate.
The Feorenes claimed that Michigan Right to Farm Act (RTFA) also provided an alternative basis to affirm the trial court's conclusion. RTFA was enacted to protect farmers from nuisance lawsuits. To assert an RTFA the Feorenes had to prove: (1) the challenged activity constitutes a "farm" or "farm operation"; and (2) the farm or farm operation conforms to the relevant generally accepted agricultural and management practices (GAAMPs). The Feorenes did not cite any relevant GAAMPs; and so the court rejected the RTFA argument.
The trial court ruling was affirmed.
Michigan courts, Right-to-Farm, Zoning enforcement Michigan Court of Appeals, Right to Farm legislation, Zoning enforcement
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Scare gun ordinance validated; it is not zoning
September 21, 2015 hdankbar
by Hannah Dankbar
Town of Trempealeau v. Wendell P. Klein
Wisconsin Court of Appeals, August 18, 2015
Klein owns and operates a farm in Trempealeau, WI. He uses scare guns (a propane cannon) to prevent blackbirds from damaging his crops. In 2013 Trempealeau passed an ordinance requiring anybody wanting to use a scare gun within town limits to obtain a permit. The ordinance places three conditions on permits regarding times of day and months of the year that the guns can be used, distance from other residence of where the gun can be used, and that all guns must be pointed at least forty-five degrees away from neighboring property lines. The town board can exempt a permittee from these conditions after they receive a written explanation of why the conditions plan an undue hardship on the permittee. Klein applied for and received a permit.
On August 10, 2013 Klein was cited for operating a scare gun at less than forty-five degrees from the neighboring property line. Klein pled not guilty and moved to dismiss. He argued that the ordinance was invalid for a number of reasons.
Vested Right. Klein argued that he had a vested right to use scare guns because he, and his father before him, had used scare guns as part of their farming operations before zoning was put into place. The Court of Appeals noted that the scare gun ordinance did not meet the test set forth in previous court cases to qualify the ordinance as a zoning ordinance.
Taking. Klein argues that the ordinance acts as a taking of his property because his crops "will literally be taken from him". He argues the taking is a regulatory taking which is "a restriction that deprives an owner 'of all, or substantially all, of the beneficial use of his property.'" The Court disagreed. The ordinance did not deprive Kline of all or substantially all of the beneficial use of his property. Because Klein retains the ability to practice agriculture on his land, this argument fails. Moreover, the ordinance does not prohibit the use of scare guns; it merely regulates their use. There was no evidence that using the scare guns in a manner consistent with the ordinance would still result in a devastating loss of crops.
Trempealeau County's comprehensive zoning ordinance. Trempealeau County's comprehensive zoning ordinance § 4.03 states, ""General agricultural practices shall be allowed in all agricultural districts without issuance of a land use permit[.]" Klein argued that this section unambiguously prohibits the Town from requiring him to obtain a permit; however, the scare gun permit is not a land use permit because it does not license a "use." Trempealeau County's comprehensive zoning ordinance §4.03(1)(c) lists "barnyards, feedlots, and uses involving agricultural structures" as examples of "general agricultural practices." The description of structures and locations reinforces the conclusion that the use of scare guns does not constitute a general agricultural practice.
Right to Farm. Klein argued that the statute is preempted by the state's Right to Farm Law. This law protects agriculture enterprises from nuisance claims. Klein and the Town agreed that the Right to Farm Law protects both agricultural uses and practices. They also agree that the statute sets forth a heightened standard for determining that an agricultural use or practice is a nuisance. Nothing in the statute, however, prevents local governments from regulating agricultural uses and practices without a finding that those uses or practices meet the heightened nuisance standard.
The district court's judgment in favor of Trempealeau was affirmed.
Right-to-Farm, Vested Rights, Wisconsin courts Right to Farm legislation, Vested Rights, Wisconsin Court of Appeals
Leave a Comment on Scare gun ordinance validated; it is not zoning
Missouri Right-to-Farm statute upheld by Missouri Supreme Court
April 29, 2015 hdankbar
Labrayere v. Bohr Farms
Missouri Supreme Court, April 14, 2015
Multiple landowners filed suit against Cargill Pork LLC and Bohr Farms alleging damages for temporary nuisance, negligence and conspiracy due to odors coming from a concentrated feeding animal operation (CAFO) owned and operated by Bohr Farms. The landowners who filed the complaint claimed that they lost the use and enjoyment of their property. Neither rental value nor medical conditions were issues raised by the landowners in this case. The circuit court found that Bohr Farms was not responsible for paying damages.
In 2011 section 537.296 went into effect. This statute supersedes common law related to actions that result in an alleged nuisance coming from a property that is used primarily for crop or animal production. This statute prohibits non-economic damage recovery for items such as loss of use and enjoyment of property, inconvenience or discomfort that the agricultural nuisance caused, and allows recovery only for a diminished market value of property and documented medical costs. Only a few days after the statute was passed Bohr Farms began their CAFO operation that can feed 4,000 hogs. Bohr owns and operates the CAFO and Cargill owns the hogs. The CAFO includes an on-site sewage disposal system as well as a system for composting deceased hogs. The plaintiffs raised seven constitutional issues. Appellants claimed that section 537.296 is unconstitutional for seven reasons.
Constitutional Claims
Section 537.296 impermissibly authorized an unconstitutional private taking. Plaintiffs argued that the statute, "effectively provide[s] the right of eminent domain to private companies." The Court stated that, "The fact that private parties benefit from a taking does not eliminate the public character of the taking so long as there is some benefit to any considerable number of the public." A use is public if it reasonably likely to create some advantage or benefit for the public. The Court noted that the statute did not authorize any private party to create a nuisance.
Section 537.296 authorized a taking without requiring just compensation. Under the statute all nuisance claims following the initial temporary nuisance claim are to be considered a permanent nuisance. The plaintiffs claimed that this essentially grants an easement for the respondent to interfere with the full use and enjoyment of their land. The court found this argument was not ripe because the appellants were only seeking relief for a temporary nuisance in this case. The court noted that the statute specifically allowed the recovery of damages for loss in rental value of impacted property when a temporary nuisance was present. That satisfied the constitutionally required just compensation when a temporary nuisance amounts to a temporary taking.
Section 537.296 violated the plaintiffs' constitutional right of equal protection. The plaintiffs claimed that the statute creates a suspect class of "rural landowners and residents" and therefore the statute should have to withstand strict scrutiny. Historically, rural landowners have not been oppressed and the statute benefits rural landowners who use their land for agricultural purposes, so there is no suspect class. The argument related to the fundamental right to property conflicts with the established right of the state to confiscate property to "substantially advance a legitimate state interest." Therefore, the statute only has to withstand the rational basis test. The Court presumes the state has a rational basis for this statute and the appellants had to demonstrate a "clear showing of arbitrariness and irrationality" before the statute can be declared unconstitutional.
Section 237.296 violates due process. This argument relied on a finding that a fundamental right had been violated, but the Court already determined there was no fundamental right violated.
Section 537.296 violates separation of powers. The appellants claimed that the statue requiring a person to have "ownership interest" in order to have standing is a judicial decision that the legislature did not have the power to make. Nobody in this case was denied standing because of this, and none of the plaintiffs were injured as a result of this part of the statute. The court will not rule on hypothetical questions of standing.
Section 537.296 violates the open courts clause. Article I, section 14 of the Missouri Constitution guarantees "the right to pursue in the courts the causes of actions the substantive law recognizes." The plaintiffs' asserted that the statute denied access to the court to "lawful possessors and occupiers of land"; however, the plaintiffs did not claim that the statute restricts access to the courts, so they did not have an argument to support this claim.
Section 537.296 is an unconstitutional special law. Finally, plaintiffs argued that this statute "benefits only the corporate farming industry." Article III, section 40 of the Missouri Constitution does not allow the legislature to enact "special laws" when a general law will work. Special laws, "includes less than all who are similarly situated… but a law is not a special if it applies to all of the given class alike and the classification is make on a reasonable basis." The court said that the landowners that can take advantage of the statute could change, as could the land uses. The open-ended classification, the Court noted, was reasonable because it advanced the legitimate state purpose of promoting the agricultural economy.
Plaintiffs argued that, according to a negligence or conspiracy cause of action, they should receive "use and enjoyment" recovery. They also argued that there are not enough facts to demonstrate that Cargill was not vicariously liable for Bohr's alleged negligence. The statute allows people to recover non-economic "use and enjoyment" damages only if their negligence and conspiracy claims are "independent of a claim of nuisance." The court found that Appellants' negligence, conspiracy and vicarious liability claims were not "independent of a claim of nuisance" because those claims were dependent on the nuisance claims.
The ruling of the circuit court was upheld.
Missouri Courts, Nuisance, Right-to-Farm, Takings Missouri Supreme Court, Nuisance, Right to Farm legislation, Takings
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News from Missouri: MO legislature sends "right to farm" constitutional amendment to voters
June 4, 2014 gtaylor
What is now Constitutional Amendment 1 was first passed by Missouri lawmakers in 2013. It states in part that the right to engage in farming and ranching shall not be infringed upon and shall be "forever guaranteed." Constitutional Amendment 1 is now set to go before voters Aug. 5, along with four other proposed constitutional amendments. Four members of Missouri's congressional delegation, all Republicans, are scheduled to begin stumping for the proposal around the state this week.
State Representative Bill Reiboldt, the initial sponsor of the amendment, said "We're not in any way trying to stop the old traditional ways of farming or the new modern ways of farming. We just are giving farmers the constitutional right to do what they do in a way that they feel like is the best for their particular operation." Reiboldt also says the amendment is needed to guard against over-regulation from the federal government and to protect farmers and ranchers from frivolous lawsuits. However, opponents argue that the proposal gives constitutional protection to animal abuse. A spokesperson for PETA claims "This proposed amendment is apparently the legislature's attempt to constitutionalize a right to abuse animals on farms and destroy the environment. Animals used for food are castrated without pain relief, beaten with steel gate rods and shocked with electric prods. Cows have their horns burned from their skulls. Large-scale farms produce rivers of excrement, which contaminate groundwater, and are a leading cause of greenhouse-gas emissions. The public is demanding more accountability, not less."
The official Joint Resolution submitting the question to Missouri voters is here. While Missouri news outlets are labeling this as the "right to farm amendment" (see articles from Kansas City Public Media, Quincy Journal, and the Missouri Times) its language is much broader than the traditional right to farm laws that protect farmers from nuisance suits for engaging in traditional farming practices. As this article points out, the language in this and other similar constitutional amendments being proposed in other states is so vague that the courts will likely play a major role in determining their legal reach.
A recent poll by the Missouri Liberty Project found that nearly 70 percent of voters supported the amendment.
current news, Right-to-Farm Missouri current news, Right to Farm legislation
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Horse rescue project considered "commercial production" under (MI) Right to Farm Act; case remanded to consider GAAMPs
by Rachel Greifenkamp
Township of Webber v Bruce Austin
(Michigan Court of Appeals, April 22, 2014)
In 2011 Bruce Austin began a horse rescue project in the Township of Webber, Michigan on commercially zoned property that he had purchased for this purpose. The Township filed a complaint against Austin, alleging that the project violated the regulations of the commercial zoning district. The Township was granted a preliminary injunction forcing Austin to temporarily cease his horse rescue project. At trial, Austin utilized the Michigan Right to Farm Act (RTFA) as an affirmative defense, stating that even though he had not yet made a profit from the project, he intended to in the future. The trial court deemed the animal rescue operation to be a valid nonconforming use of the property and was not a nuisance, and that therefore the use of the property was protected by the Michigan RTFA. Following the trial court's judgment, Austin filed for costs and attorney fees as well as costs for the transport, care, and feeding of the horses during the trial. Austin was granted attorney fees and costs but was denied animal care costs. The Township appealed both the judgment and the attorney fee award to the Michigan Court of Appeals.
The Court of Appeals addressed three issues critical to the outcome (1) characterization of the horse rescue project as a nonconforming use, (2) the application of generally accepted agricultural management practices (GAAMPs) under the RTFA, and (3) the horse rescue project as "commercial production" under the RTFA.
Nonconforming use. A nonconforming use is "a vested right in the use of particular property that does not conform to zoning restrictions, but is protected because the use lawful existed before the zoning regulation's effective date."…When a property is transferred to a new owner, the nonconforming use may continue but cannot be expanded…To be a valid continuation of a nonconforming use, the new owner's use must be "substantially of the same size and the same essential nature as the use existing at the time of passage of a valid zoning ordinance." The court concluded that because the commercial zoning designation was in effect prior to Austin beginning his project, and the project was significantly different than the previous use of the property (no livestock was raised or sold), the horse rescue project was not a nonconforming use.
GAAMPs. The township argued that the precedent set in the recently decided case of Lima Township v. Bateson requires that a person asserting the RTFA as a defense has the burden of proving that the activity at issue is a protected operation, and that it complies with the generally accepted agricultural management practices (GAAMPs). Because the trial court's refusal to consider the GAAMPs is directly contrary to the Bateson holding, the court determined that remand for further proceedings was necessary.
Commercial production. Finally, the township contended that the trial court's determination that Austin's horse rescue project was a commercial production protected by the RTFA was incorrect. The RTFA only protects activities associated with the commercial production of farm products. While the RTFA itself does not define "commercial production," previous cases have stated that commercial production means "the act of producing or manufacturing an item intended to be marketed and sold at a profit….There is no minimum level of sales that must be reached before the RTFA is applicable. The trial court concluded that Austin successfully proved that he intended to operate the horse rescue project as a commercial production, and that absent clear error, the Court of Appeals could not overturn that assessment. This portion of the judgment was held by the Court of Appeals.
The judgment was reversed by the Court of Appeals and the case was remanded for rehearing the trial court level.
Agricultural Uses/Agricultural Exemption, Michigan courts, Non-Conforming Uses Michigan Court of Appeals, nonconforming uses, Right to Farm legislation
Leave a Comment on Horse rescue project considered "commercial production" under (MI) Right to Farm Act; case remanded to consider GAAMPs
Michigan Right-to-Farm Act does not protect horses kept for personal use
by Kaitlin Heinen
Peggy Sue Brown v. Summerfield Township
(Michigan Court of Appeals, August 23, 2012)
Peggy Sure Brown claimed that the Right to Farm Act (MCL 286.471) "preempts a township ordinance that prohibits her from keeping her horses on property less than one and a half acres." The trial court, disagreed, finding that Brown was not engaged in a commercial farming operation. She appealed.
The Right to Farm Act "states that a farm or farm operation must not be found to be a public or private nuisance if it conforms to 'generally accepted agricultural and management practices' (GAAMPs), according to policy determined by the state commission on agriculture. Local government may not enact or enforce an ordinance that conflicts with the Right to Farm Act or the GAAMPs." (MCL 286.474(6)) So "any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the [Right to Farm Act]," which includes ordinances requiring minimum lot sizes.
The Right to Farm Act "preempts ordinances only to the extent that they impose restrictions on commercial farming operations," which means that the Act does not apply to property owners who are not engaged in commercial operations for profit. A farm operation is defined "as activity conducted 'in connection with the commercial production, harvesting, and storage of farm products.'" Brown referenced the subsection (MCL 286.472(b)) that mentions "the care of farm animals." However, this subsection is listed in connection with possible farm activities conducted in a commercial operation. It is not an exception to the commercial requirement.
Brown offered no evidence that she kept her horses for profit (breeding, boarding, horse rides for fee, etc.). The Michigan Court of Appeals did not have to address whether the farm operation provision creates a cause of action or provides a defense because the Right to Farm Act does not apply to Brown. The court also did not have to address whether the farm operation provision applies to a new farming operation in property zoned as residential. The trial court rightly found it unnecessary to address the issues.
The Michigan Court of Appeals also held that the trial court rightly granted summary disposition on Brown's substantive due process claim because the ordinance was not unreasonable. The Court of Appeals affirmed the trial court on Brown's equal protection claim as well, since she offered no evidence that she had been treated differently than any other person. The trial court's decision was thus affirmed.
Agricultural Uses/Agricultural Exemption, Michigan courts horse farms, Michigan Court of Appeals, Right to Farm legislation
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2021 Intro to Planning and Zoning Workshops
2020 Legislative Changes Impacting Planning and Zoning in Iowa
Introducing Monthly P & Z Workshops Online
Two bills bring significant changes to county zoning in Iowa
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While exploring 14,000 feet below the waters of Necker Island, Hawaii on February 27, 2016, a remotely operated vehicle belonging to the NOAA ship Okeanos Explorer made the rare discovery of a very rare incirrate octopus whose lack of pigmentation and ghostlike appearance led to the adorably appropriate nickname "Casper".
Deep-sea octopods are easily separated into two distinct groups: (1) the cirrate, or finned, octopods (also known as "dumbo" octopods), characterized by fins on the sides of their bodies and fingerlike cirri associated with the suckers on their arms and (2) incirrate octopods, which lack both fins and cirri and are similar in appearance to common shallow-water Octopus.The octopod imaged in detail on this first dive was a member of the second group, the incirrates. A distinctive characteristic was that the suckers were in one, rather than two, series on each arm. This animal was particularly unusual because it lacked the pigment cells, called chromatophores, typical of most cephalopods, and it did not seem very muscular. This resulted in a ghostlike appearance, leading to a comment on social media that it should be called Casper, like the friendly cartoon ghost. It is almost certainly an undescribed species and may not belong to any described genus.


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text:
The Jonas Brothers say it took 'a long time to crack the code' of the music industry
tuyetnga
The 'Hello Beautiful' hitmakers rose to fame at a young age and urged others who were planning on doing the same to just "get out there" and play and rehearse.
Joe said: "We just got out there and played and I think it's something that we try to tell a lot of young artists when they ask us for advice. Just get out there and play and rehearse. For us, it started organically with Nick. He was doing a solo record. Somebody heard us and thought we'd be good as a band so it kind of started really fast but it took a long time to crack the code."
Whilst Nick added: "I would say in addition to the love of music, I think you also have to be conscious of just how scary it can be to have a young person in this business in general because when it's purely just about the music and the love of music, that's one thing. But when you add all the other elements, it can go south very quickly so I think I would encourage my kids and our kids to follow their passion but know that we're going to do our best to be good parents within that and sometimes, it means setting some boundaries."
The musical trio are currently in the midst of their 'Happiness Begins' world tour and touring now has a different dynamic to when they were younger because of their relationships and families.
Kevin told E! News: "We've definitely taken a couple of red eyes that last couple of weeks. I think you just have to make it work. Everyone's busy. Everyone has their own schedule. Each one of our relationships is very different in its own way and I try and do the best I can to get home and see the girls anytime I can. It's important. When they were out on the road for most of the summer before school started, it was fantastic. It was like a giant playground for them."
This article originally was published on MN
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text:
Acts of the Legislature of West Virginia
By West Virginia
Wherefore, the corporators named in the said agreement, and who have signed the same, are hereby declared to be, from this date until the first day of November, eighteen hundred and eighty-eight, a corporation, by the name and for the purpose set forth in said agreement.
Given under my hand and the great seal of the said state, at Wheeling, this fourth day of February, eighteen hundred and sixty-nine.
JOHN S. WITCHER,
Secretary of the State.
SEAL.
THE GERMAN PRINTING AND PUBLISHING ASSOCIATION
OF WHEELING. I, John S. Witcher, secretary of the state of West Virginia, hereby certify that an agreement duly acknowledged and accompanied by the proper affidavits, has been this day delivered to me; which agreement is in the words and figures following:
"The undersigned agree to become a corporation by the name of The German Printing and Publishing Association of Wheeling,' for the purpose of publishing a German newspaper and carrying on the printing business generally; which corporation shall keep its principal office or place of business at Wheeling, West Virginia, and is to expire on the first day of November, eighteen hundred and eighty-eight. And for the purpose of forming the said corporation we have subscribed the sum of three hundred dollars to the capital stock thereof, and have paid in on the said subscription the sum of thirty dollars, and desire the privilege of increasing the said capital by the sale of additional shares from time to time to twenty thousand dollars in all. The capital so subscribed is divided into shares of ten dollars each, which are held by the undersigned respectively, as follows, that is to say, John Roemer, five shares ; Augustus Pollack, five shares; Anton Reymann, five shares; Joseph Seybold, five shares; J. H. Diss Debar, five shares; John Oesterling, five shares; all of the city of Wheeling and State of West Virginia. And the capital to be hereafter sold is to be divided into shares of the like amount.
Given under our hands this sixteenth day of January, eighteen hundred and sixty-nine. [Signed,]
John ROEMER,
J. H. Diss DEBAR,
AUGUSTUS POLLACK,
A. REYMANN,
JOSEPH SEYBOLD,
JOHN OESTERLING."
Wherefore, the corporators named in the said agreement, and who have signed the same, are hereby declared to be, from this date until the first day of November, eighteen hundred and eighty-eight, a corporation by the name and for the purpose set forth in said agreement.
Given under my hand and the great seal of the said state, at Wheeling, this tenth day of February, eighteen hundred and sixty-nine.
JOHN S. WITCHER, SEAL.
WHEELING LODGE NO. 9, INDEPENDENT ORDER OF ODD
FELLOWS.
I, John S. Witcher, secretary of the state of West Virginia, hereby certify that an agreement, duly acknowledged and accompanied by the proper affidavits, has been this day delivered to me; which agreement is in the words and figures following:
"The undersigned agree to become a corporation by the name of "Wheeling Lodge No. 9, Independent Order of Odd Fellows,' for the purposes of benevolence and charity, and for that purpose desire the privilege to make such by-laws and regulations as shall be adopted by a majority of the members thereof for the government of said lodge. To have a common seal, to sue and be sued, plead and be impleaded, and to have perpetual succession; to purchase, hold, lease, sell and convey, for the purposes aforesaid, real estate to the value of five thousand dollars, and personal property to the value of eight thousand dollars. And said corporation shall keep its office or place of business at Wheeling, in the state of West Virginia.
Given under our hands this twenty-ninth day of January, A. D., eighteen hundred and sixty-nine. [Signed,]
JACOB MORRIS,
R. G. BARR,
JAS. HOLLINGSWORTH,
WM. ELLINGHAM,
N. W. Beck." Wherefore, the corporators named in the said agreement, and who have signed the same, are hereby declared to be, from this date a perpetual corporation by the name and for the purpose set forth in said agreement.
Given under my hand and the great seal of the said state, at Wheeling, this sixth day of February, eighteen hundred and sixty-nine.
THE MOOREFIELD BUILDING CO-OPERATIVE ASSOCIA
"The undersigned agree to become a corporation by the name of the 'Moorefield Building Co-operative Association,' for the purpose of accumulating a fund, in a safe and easy way, by the savings of the members thereof, and the profits thereon, to enable them to purchase homesteads, and to improve the same by building thereon, the business thereof being to loan out the assets of said corporation to the corporators therein, or to others, for the purposes aforesaid ; to discount paper, or purchase the same, or to invest in any desirable personal securities, or receive deposits ; which corporation shall keep its principal place or office of business at Moorefield, in the county of Hardy, and is to expire on the tenth day of February, eighteen hundred and seventy-nine. And for the purpose of forming the said corporation, we have subscribed, the sum of eight hundred and sixty dollars to the capital thereof, and have paid in on said subscription the sum of eighty-six dollars, and desire the privilege of increasing the said capital by the sale of additional shares, from time to time, to one hundred thousand dollars in all. The capital so subscribed is divided into shares of ten dollars each, which are held by the undersigned respectively as follows, that is to say: Samuel A. McMechen, twenty shares ; John W. Inskeep, ten shares; Gottlieb Hutton, ten shares ; David L. Wilson, ten shares ; Robert A. Wilson, ten shares; Isaac Hutton, ten shares; Edward O. Harwood, five shares ; D. 0. Maupin, five shares; Joseph Sprigg, five shares; Isaac G. Mask, one share. And the capital to be hereafter sold is to be divided into shares of the like amount.
Given under our hands, this first day of February, eighteen hundred and sixty-nine. [Signed,]
S. A. McMECHEN, E. O. HARWOOD,
John W. INSKEEP,
ISAAC HUTTON,
GOTTLEIB HUTTON, D. O. MAUPIN,
D. L. WILSON, Isaac G. MASK,
R. A. WILSON,
JOSEPH SPRIGG." Wherefore, the corporators named in the said agreement, and who have signed the same, are hereby declared to be, from this date until the tenth day of February, eighteen hundred and seventy-nine, a corporation by the name and for the purpose set forth in said agreement.
THE BARNSVILLE MANUFACTURING COMPANY. I, John S. Witcher, secretary of the state of West Virginia, hereby certify that an agreement, duly acknowledged and accompanied by the proper affidavits, has been this day delivered to me; which agreement is in the words and figures following:
" The undersigned agree to become a corporation by the name of the • Barnsville Manufacturing Company, for the purpose of manufacturing all kinds of woolen and woolen and cotton goods ; also, all kinds of flour and feed, and buying and selling wool and woolen goods and mixtures of cotton and woolen fabrics ; which corporation shall keep its principal office or place of business at Barnsville, in the county of Marion, and is to expire on the first day of January, eighteen hundred and eighty-nine. And for the purpose of forming said corporation, we have subscribed the sum of fifty thousand nine hundred dollars to the capital thereof, and have paid in on said subscription the sum of fifty thousand nine hundred dollars, and desire the privilege of increasing the said capital by sales of additional shares, from time to time, to one hundred thousand dollars in all.' The capital so subscribed is divided into shares of one hundred dollars each, which are held by the undersigned respectively as as follows, that is to say: by James F. Barns, of Barnsville, one hundred and sixty-five shares ; James R. Fleming of Barnsville, one hundred and thirty-nine shares; Elmies Hamilton, of Marion county, West Virginia, one hundred and thirty shares ; John S. Barns, of Barnsville, sixty shares; Henry Lee Barns, of Barnsville, fifteen shares. And the capital to be hereafter sold is to be divided into shares of the like amount.
Given under our hands, this fourth day of January, eighteen hundred and sixty-nine. [Signed,]
JAMES F. BARNS,
JAMES R. FLEMING,
ELMIES HAMILTON,
John S. BARNS,
HENRY LEE BARNS." Wherefore, the corporators named in the said agreement, and who have signed the same, are hereby declared to be, from this date until the first day cf January, eighteen hundred and eighty-nine, a corporation by the name and for the purpose set forth in said agreement.
Given under
my hand and the great seal of the said state, at Wheeling, this ninth day of February, eighteen hundred and sixty-nine.
THE POINT PLEASANT MARINE RAILWAY COMPANY.
"The undersigned agree to become a corporation, by the name of The Point Pleasant Marine Railway Company,' for the purpose of building a marine railway or floating dock, and building or repairing all kinds of sea-going vessels, steamboats, propellers, canal boats, keel boats, barges, etc.; also the manufacture of sash, doors, window blinds, and lumber of all descriptions; and the erection of a machine shop for the building and repairing of all kinds of machinery; which corporation shall keep its principal office or place of business at the town of Point Pleasant, in the county of Mason and state of West Virginia, and is to expire on the second day of February, in the year eighteen hundred and eighty-nine; and for the purpose of forming the said corporation, we have subscribed the sum of eleven thousand five hundred dollars to the capital thereof, and have paid in on said subscription the sum of nine thousand dollars, and desire the privilege of increasing the said capital by sale of additional shares, from time to time, 'to one hundred thousand dollars in all. The capital so subscribed is divided into shares of one hundred dollars each, which are held by the undersigned respectively as follows, that is to say: James Capehart by F. W. Sisson, fifty-five shares ; James Crookham, by F. W. Sisson, ten shares; Francis W. Sisson, five shares; C. Shrewsbury, thirteen shares; Robert S. Bickle, six shares; Frederick Ford, five shares; Daniel Polsley, by D. W. Polsley, five sbares; D. W. Polsley, ten shares; Samuel G. Shaw, three shares; William H. Tomlinson, three shares; all of Mason county, West Virginia, and the capital to be hereafter sold is to be divided into shares of the like amount.
Given under our hands this eighth day of February, eighteen hundred and sixty-nine. [Signed,] JAMES CAPEHART,
D. W. POLSLEY,
C. SHREWSBURY,
JAMES CROOKSHAM, W. H. TOMLINSON,
F. W. Sisson,
S. G. Shaw,
R. S. BICKLE,
F. FORD."
DANIEL POLSLEY,
Per D. W, Polsley.
By F. W. Sisson.


text:
Jamyn Patu rushes O'Dea past Meadowdale into 3A state title game
The O'Dea Fighting Irish celebrate their 35-9 win in the State semifinal game against the Meadowdale Mavericks held at Pop Keeney Stadium in Bothell on Saturday, November 26, 2016. The running back rushed for 213 yards and three touchdowns as the Fighting Irish rolled over the Mavericks and into the title game where they will face Kamiakin.
Article By Matt Massey
Special to The Seattle Times
When push came to shove, there was no way O'Dea was going to be pushed out short of the Class 3A state-championship game.
Junior running back Jamyn Patu and the Irish defense made sure of that.
Despite a slow start on both sides of the ball and the exit of starting quarterback Benjamin Beale, Patu came to life and so did the O'Dea defense as they dominated in the second half of a 35-9 victory over Meadowdale on Saturday in the state semifinals at Pop Keeney Stadium.
Patu finished with 213 yards rushing and three touchdowns on 14 carries as the Irish (14-0) cruised into the state finals for the eighth time in school history with third-string sophomore quarterback Emonte Scott taking over after Beale reinjured his knee on the Irish's third play from scrimmage.
"It was tough, but we've dealt with (a quarterback injury) before and we've always got that next-man-up type of football mentality," said Patu, a first-year player with the Irish after transferring from Rainier Beach. "We already know we have guys who back people up and we believe in them. It feels great with this group of guys. It's a good group of guys and we can really do things."
The O'Dea defense registered eight sacks after halftime and will be formidable against Kamiakin (11-2) in Friday's Class 3A state title game at 7:30 p.m. in the Tacoma Dome if they play like they did Saturday.
"What allowed us to get going was our will coming together," said O'Dea senior linebacker Tony Flor, whose two older brothers played on the last Irish team to reach the finals in 2011. "We don't really slow down. We just speed up. That's kind of how it's been all year. We've faced adversity and been down before at halftime and we've lost a quarterback before.
"Our defense was just having fun, I think. I think everybody was pumped and we were just flying around. Our 'D' line killed it."
Patu gave the Irish some breathing room at 21-9 when he went over right tackle and took it to the end zone for a 51-yard touchdown with 2:55 left in the third quarter.
Patu bounced down the left sideline and scampered into the end zone for a 25-yard touchdown run with j1:05 into the second half and that put O'Dea ahead to stay at 14-9.
The Irish defense did the rest, making Meadowdale's first appearance in the state semifinals miserable in the final 24 minutes.
"I think their quarterback (Drew Tingstad) was probably the best we've faced all year," said O'Dea coach Monte Kohler, who is in his 32nd year leading the Irish. "I think we wore them down, got some edge pressure and got to him that way. Early on, he moved and stepped way from our pressure."
Trailing 14-9, Meadowdale (10-3) looked poised to take the lead on a big play with 9:55 left in the third quarter. Tingstad found a wide-open Haelin Roberts over the middle and it looked like he was headed to the end zone, but O'Dea cornerback Thomas Stowers chased him down from behind.
Roberts ended up at the Irish 4-yard line and four plays later Hunter Franco intercepted a lob pass by Tingstad in the end zone with 8:02 left in the third.
"We played better in the second half," said Kohler, who got good play at quarterback from Scott despite his limited varsity experience. "(Meadowdale) took it to us early. We thought we'd get out of the chute a little better. I'm having so much fun. This is a great group of boys, each journey is different and this is pretty special. This is a special bunch."
Click here to view the full article in The Seattle Times.


text:
Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII
April 3, 2018 /0 Comments/in HR Alerts /by ManagEase
Employers with MI, OH, KY, and TN Employees
On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories. Further, the circuit court stated that "sincerely held religious beliefs" do not shield employers from Title VII discrimination claims.
In Stephens v. R.G. & G.R. Harris Funeral Homes, Inc., employee Aimee Stephens, a transgender woman born biologically male, was originally hired when presenting as male. After six years of employment, she informed the employer of her intent to present as female and to dress accordingly. The company terminated her employment, citing a religious belief that a person's sex is immutable and that it would be inappropriate for Stephens to wear women's clothing. However, the Sixth Circuit reasoned that discriminating against individuals for failing to conform with stereotypical gender norms is prohibited by Title VII, and discrimination based on transgender and transitioning status is "necessarily discrimination on the basis of sex."
Further, the court stated that the Religious Freedom Restoration Act ("RFRA") defense, which protects employers from complying with a law that substantially burdens their religious exercises, did not apply in this scenario. The RFRA protects religious exercise, not simply "religious beliefs." The employer argued that (1) they felt customers would be upset by Stephen's transition, and (2) the funeral home director would violate his own faith by permitting Stephens to continue working. However, the court noted that customers' presumed bias does not excuse employer discrimination, and that tolerating Stephen's personal understanding of gender is not equivalent to the funeral home endorsing Stephen's views.
This decision follows other circuit courts in the evolution of LGBT+ rights. Last year, the Seventh Circuit recognized sexual orientation as a federally protected class, as did the Second Circuit just a week prior to Stephens. Stephens is significant in stating that hiring a transgender employee in compliance with anti-discrimination laws did not prevent an employer from maintaining its own religious beliefs, and was not considered a substantial burden.
Have policies and procedures reviewed for compliance with the recent ruling.
Have hiring managers trained on hiring policies, including anti-discrimination requirements in line with the recent ruling.
Tags: Civil Rights, discrimination, Kentucky, KY, LGBT, MI, Michigan, OH, Ohio, Religious Freedom Restoration Act, RFRA, Sixth Circuit, transgender
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png 0 0 ManagEase https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png ManagEase2018-04-03 17:37:132018-04-03 17:37:13Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII
Coronavirus: How Can Employers Manage This Fast-Changing Situation?
Seventh Circuit: ADA Reasonable Accommodation and Discrimination Claims Tempered by Employee Behavior
December Updates
California: State Supreme Court Takes a Heavy-Handed Look at Unconscionability in Arbitration Agreements
Nebraska: Employees are Permitted to Discuss Wages
California: Federal Arbitration Act Unenforceable in Employment Contracts for... Immigration Update: H1-B Premium Process Suspension and Petition Document Requirements...


The American Theatre Critics Association, Inc. is the only national association of professional theatre critics. Our members work for newspapers, magazines, radio, television, and on-line services across the United States. Membership is open to any writer who regularly publishes substantive pieces reviewing or otherwise critically covering theater.
Martyna Majok has been awarded the 2017 Francesca At Sardi's: Eric Marciano (representing Barry Primus) and Primus Prize winner Martyna Majok Primus Prize for her play Cost of Living. Jointly sponsored by ATCA and the Francesca Ronnie Primus Foundation, the Primus Prize is given annually to an emerging woman playwright. Majok has received the $10,000 award check and will be officially congratulated at an upcoming ATCA conference. Read full press release here.
Read about the four finalists here.
Copyright © 2010-2019, American Theatre Critics Association. All rights reserved.


text:
La NBA Development League, dal 2008, organizza, ogni febbraio, l'All-Star Weekend in concomitanza con il più celebre NBA All-Star Weekend, con una varietà di eventi, esibizioni, e performance che culminano nell'NBA Development League All-Star Game.

Eventi dell'All-Star Weekend
I maggiori eventi organizzati durante l'All-Star Weekend includono diverse competizioni:
 Three-Point Shootout: una gara di tiri da 3 punti
 Slam Dunk Contest: una gara di schiacciate

Voci correlate
 NBA All-Star Weekend


I think of this space as my personal "PD" and reflection space. I will post reflections about current lessons, ideas I'm considering, and interesting articles from around the internets.
Oy. The dreaded thesis statement. It's not easy to write, and certainly not easy to teach. The great news is that nowadays there are many GREAT resources out there to help us in both teaching and learning. Today, as I was putting together my notes on thesis statements, I developed a Cornell Notes outline (to support my struggling learners). I'm including that here, as well as a link to a great resource: It's a straightforward but pretty thorough checklist for writing a thesis statement. Thanks to John Tagg, over at Palomar College for his Handbook on Writing Essays.
Ms. Bishop is a teacher and actor. She lives in Birmingham, Alabama with her husband and son.


Three police officers and a civilian were gunned down Monday in an attack on a police station in Kazakhstan's largest city, echoing similar scenes of carnage in another Kazakh city just a month earlier.
The Interior Ministry said in a statement on Monday the officers were killed in gun battles with two unidentified gunmen inside and outside a police station in central Almaty. While fleeing from the police station, one of the gunmen shot and killed a local resident and then hijacked his car, the Interior Ministry said in a statement.
The attack began when one gunman shot at a duty officer and took his machine gun, the police said. The man then fled in the car, shooting at a traffic police crew and wounding two before he was detained a mile away. Police identified him as a 27-year-old former convict who was wanted for the murder of a woman last weekend. The other man remained at large. Police did not elaborate on the role of another gunman but said the search was on.
Kazakh President Nursultan Nazarbayev described the attack as an act of terror.
"Law enforcement agencies are working right now to find out who the culprits were and what goals they pursued," he said in a statement carried by his press office Monday evening.
The Interior Ministry released the details of the killed policemen, saying they were aged from 24 and 42 and all had children.
Leading news website Tengrinews.kz carried photos of a wounded police officer with blood pouring out of a police car. Social media users posted videos of what appeared to be armored vehicles driving through the city.
Authorities did not mention the number of injured but local media reported eight people in hospital in critical condition.
The attack comes a month after 20 people were killed in the Kazakh city of Aktobe when groups of gunmen attacked a military base and a gun shop. Authorities in this Central Asian nation then described the violence as a terrorist attack and blamed it on radical Islamists.
Energy-rich Kazakhstan, arguably one of the most prosperous former Soviet republics, is a predominantly Muslim but largely secular nation.
Officials on Monday raised the terror threat level to red -- the highest level -- after the attack but would not immediately identify the affiliation of the attackers.
Local media also reported that gun shops across Almaty, Kazakhstan's commercial capital, have been closed.


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text:
TerryMcGuire
posted on Jun, 7 2016 @ 06:07 PM
a reply to: NthOther
I agree that the term snowflake is a poor title to put on anyone. The other day someone here came unglued because they thought is was in reference to race, not all the other connotations meant by it when it came into usage by conservatives to label immature liberals.
However to point this out as you have done in the very same sentence using another conservative term like SJW to label the OP might seem to some to be just as childish,no?
syrinx high priest
too late, lol
mcconnell, graham and ryan have all exposed him for what he is, a danger to america
edit on 7-6-2016 by syrinx high priest because: (no reason given)
NthOther
originally posted by: TerryMcGuire
What, in your opinion, would be more appropriate?
EmmanuelGoldstein
a reply to: thedarkone9966
Not really behind Trump yet. Still backing Bernie, but-
How is Trump talking about Mexicans being rapist a racist comment?
Are Mexicans 100% Spanish? Or 100% Indian?
No, they're Spanish, Indian, German, English, French, African, etc.
When he says Mexicans are rapists, he means dirtbags coming from Mexico.
jamiros
I don't like the guy (Trump) don't get me wrong... but the judge isn't Mexican... his ethnicity is Hispanic and he's a US citizen... So he's not Mexican in anyway shape or form, unless he had dual-citizenship and also has Mexican citizenship.
Mexican isn't a RACE it's a NATIONALITY.
Point in favor to Trump is that yes, any person being a JUDGE should be totally non-bias. This means no matter his ancestry, ethnicity, religion or beliefs he should act according to the law and what the law states as JUSTICE and any decision should be based on that and principle.
This is MHO... I really despise people using tags as Mexican-American, "you don't like Mexicans, so you a racist", African-American, "You're scared of Muslims so you're racist", etc... Nationality, race and religious beliefs are completely different things.
End of rant
enlightenedservant
originally posted by: NthOther
Anyone else find SJW usage of "snowflake" a little childish? They take derogatory terms associated with themselves and direct them at their opposition.
In other words, "I know you are, but what am I?"
And then expect us not to notice.
Maybe it's not so much childish as it is desperate. In either case, it's surely unimaginative. If you're going to call someone a name, do it with originality and style.
LOL Wait a second. So it's not childish when the rightwing creates new "derogatory terms" and associates them with others? But it only becomes "childish" when someone gives the rightwing a taste of its own medicine, using its own phrases against it?
a reply to: enlightenedservant
You'll notice I did say that maybe it's not so much childish as it is desperate.
I acknowledged that perhaps the description wasn't entirely accurate, and that there may be a more appropriate one.
Yet you attack me anyway, as though I had made no such acknowledgement.
edit on 6/7/16 by NthOther because: (no reason given)
HoldMyBeer
He is so Orwellian, it hurts.
"It's a beautiful thing, the destruction of words."
"If thought corrupts language, language can also corrupt thought."
"Perhaps a lunatic was simply a minority of one."
Let's hope it doesn't go this far:
"The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me."
edit on 6/7/2016 by HoldMyBeer because: (no reason given)
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Happy Monday folks! How was your weekend? I celebrated the wedding of my dear friends Rachel and Chris yesterday which was just lovely. It made a change to be at an actual real life wedding rather than writing about them – a real treat. Today's wedding is a corker. Now it goes without saying that all weddings (you would hope) are filled with love and friends and family and all the things that mean so much to a couple, and this one, submitted by the lovely Laura Ellen Photography is no different. However this one, really made me want to be there amongst it all, to experience every bit. I imagined myself as a guest, watching Bridget and Sam say their vows under a big oak tree. I could sense a nip in the air and the warmth from sitting under blankets in the spring sunshine and I definitely wanted to throw some shapes on the dancefloor with all the other shape-throwers. A really 'happy' wedding to start the week. Enjoy!
We met online, after my housemate dared me to join up (after a few wines one night at home). I love telling people how I met my husband after my very first online date.
Sam proposed at the Isabella plantation, at Richmond Park. It was where we went for our second date, and one of our favourite places in London. He was so nervous; he forgot to take his sunglasses off.
Because of the whole three weddings thing, our money needed to be allocated very carefully. Venue hire was a big expense, as well as food and booze as both of these things are important to us. But we really tried to cut down on smaller details, like flowers and cake to save money.
Laura was recommended through another photographer- we loved her relaxed and informal style. She really managed to capture the fun and whimsical atmosphere we were looking for.
My dress was by Joanne Fleming design, a Brighton based designer. I had white 'wedding' wellies for the ceremony and tramping around the farm, and Vivienne Westwood for Melissa shoes for the marquee. My necklace was borrowed from my mother.
My husband's outfit was from Gieves & Hawkes, in Sloane Square. I didn't want to force my sister, as my only bridesmaid, into any particular dress, especially as we live in opposite sides of the world. So I told her to choose whatever she wanted- luckily I loved it! It was from Alannah Hill, one of our mutual favourite Melbourne-based designers.
Nothing we did intentionally- we ended up with quite a 'country fete' feeling, but I think that was mostly because of the wellies everyone was wearing. A necessity on a muddy farm!
My mother in law did all the floral arrangements herself. My mother, sister, mother in law and myself all headed off horribly early one morning to Covent Garden Flower Market. I wanted more of a 'wildflower', casual feeling, which she arranged perfectly. She also made my bouquet.
Just the flowers, candles and the cake stands and teapots for the afternoon tea- and lots and lots of blankets. It was a bitterly cold day!
We started off with afternoon tea and mulled wine before the ceremony. For dinner, we had a hog roast, which everyone assures me was absolutely delicious. I cannot remember a thing about the food! We didn't have a wedding cake – that was one of the things we did without to save money. Instead, we put together an amazing cheese board, thanks to La Fromagerie in Marylebone. We both love cheese!
While Sam and I were off having our photos taken, we had a magician to entertain the guests. After dinner, we had a DJ, and a firepit outside.
DIY- Sam's brother was kind enough to design a lovely invitation, with a drawing of an oak tree, drawn by Sam's mother. My mother then made all the placenames, with her beautiful calligraphy and a stamp of an oak leaf.
Just the invitations and the place-names.
Walking up the aisle together- we decided to skip the whole 'giving away the bride' thing and walk up together. Taking off around Swallowtail Hill Farm to take the photos. Sitting around the fire at the end of the evening, after most of the guests had left and it was just us and our friends.
Don't stress about the small stuff. Spending more money doesn't mean more fun, so concentrate on what is important to you as a couple, and focus on that.
The weather! The day before, we were setting up the marquee in the snow. The morning of the wedding was cloudy and drizzly. An hour before the guests arrived, the clouds cleared and we had one of those beautiful crisp, clear spring afternoons. The next day, it was back to cloudy and drizzly. It felt like it had been designed for us.
Super Event, for the marquee, catering, and amenities.
A couple of lines… I'm a Sussex-based photographer who likes to keep my style fun, intuitive and real. Getting to know my wedding clients is one of my favourite things. I love the people, the excitement, the tension, the intimate moments, the beautiful details, the laughter, the love, the crazy dancing and everything in between! I want to capture every delightful, whimsical, romantic, blissful, glamorous, honest and real moment of the day with images that will make you grin with that warmth and fuzziness that a wedding day brings.