![]() |
|
|||||
|
||||||
From: Dennis OConnor (no email)
Date: Fri May 04 2007 - 08:25:02 EDT
Hmm, that is a punitively restricted schedule for bridge openings... It is not my ox that is gored here, but several thoughts come to mind...
First, the bridge across a navigable waterway is supposed to open on demand for water traffic as the waterway was there before it was obstructed by installing the bridge. The approval of construction of such bridges across navigable waterways was predicated and approved on the legal premise that the motor traffic has to give way to the rights of the water traffic, not the other way around. The only reason the bridge obstructs water traffic is that the state/feds were too cheap to build it high enough to be non obstructing.
Second, there is a clear bias against private citizens using the public waterways where the bridge will open for commercial tugs who are making money by the free use of public waterways, which upkeep and supervision are funded by taxation of private citizens, but will not open for a private citizen because he is not raking money out of someone elses pocket with his use of the public waterway.
Third, the change in bridge schedule was arbitrarily made without meeting the requirement for posting a notice of change and scheduling public input (public here being the impacted users of the navigable waterways, not the motoring public who's blockage of the waterway is supposed to be only when water traffic permits)
In any event, it appears to this casual peruser of federal and admiralty law that a determined legal challenge of this bridge authority unilateral action would get their attention... If I were using this waterway so that I had standing as a plaintiff I would be tempted to spend the few dollars it takes to file a federal suit.
denny
---------------------------------
Ahhh...imagining that irresistible "new car" smell?
Check outnew cars at Yahoo! Autos.
_______________________________________________
http://lists.samurai.com/mailman/listinfo/trawlers-and-trawlering
To unsubscribe send email to
with the word
UNSUBSCRIBE and nothing else in the subject or body of the message.
Trawlers & Trawlering and T&T are trademarks of Water World
Productions. Unauthorized use is prohibited.
|