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Los Gatos Weekly-Times

Letters

Process would be more efficient with Property Rights Bill

The editorial about the proposed Property Rights Bill in the Jan. 21 issue of the Los Gatos Weekly-Times raises an interesting question. Does the denial of a property owner's use by "government" constitute a taking for public use as described in the Fifth Amendment of the Constitution of the United States?

Justice Oliver Wendell Holmes said, "A strong public desire to improve the public condition is not enough to warrant achieving the desire by a shortcut rather than the constitutional way of paying for the change."

South Carolina tried to prevent a property owner from building a house on beach property that he owned because of environmental reasons. South Carolina lost.

The First Evangelical Lutheran Church beat the County of Los Angeles, as did a plaintiff named Nolan against the California Coastal Commission. These cases had been tried in local courts, then appealed. At the federal level, these cases were all held to be takings, and the local bodies were ordered to either pay or grant the permits.

Closer to home, the city of Tigard in Oregon tried to hold up a development by withholding permits until the owner gave the city property to build a bike path. The court held that it was a taking and ordered Tigard to issue the building permit and pay for the bike path.

Doesn't this sound like the town of Los Gatos?

One more point: the Supreme Court also said that temporary takings require compensation. They said, " ... no ... action of the government can relieve it of the duty to provide compensation for the period during which the taking was effective. ..."

If the local government had to pay for the takings while the litigation and permit processes were being followed, the time saved by going directly to the federal courts would be money saved for both the property owner and the municipalities.

Gerald M. Rosenthal
Los Gatos

Thanks to help from businesses

On behalf of the Fisher Middle School staff, we all would like to thank Starbucks, Fresh Choice and Le Boulanger, Los Gatos businesses, for their generous contributions to the school and our Home and School Club. Their generosity, along with the wonderful parents of the Los Gatos community, enabled our school to enjoy a very special holiday luncheon. We hope the community will say thanks by supporting these fine businesses.

Cullen Hewitt, Principal
Fisher Middle School

Vilification of Chief Todd ignores reality

DeCinzo's latest effort in his personal vendetta against Police Chief Larry Todd, in the Jan. 14 issue of the Los Gatos Weekly-Times, demonstrates a total lack of appreciation, class and taste. DeCinzo's efforts to vilify Chief Todd for his work in combating the drug problems in our high school are not going to cure the drug epidemic. It's time to support Chief Todd, not tear him down.

In my year as president of the Rotary Club of Los Gatos, 1989-90, we made Chief Todd an honorary member of our club for his work in combating the local drug problem. His honorary membership has been renewed annually by every subsequent Rotary board of directors in continued recognition of his efforts. I doubt if DeCinzo's diatribes will cause our club to rethink its support of Chief Todd.

Larry Todd and I disagree on who should police Monte Sereno, but I support him 100 percent on his methods and efforts in the drug war.

C.J. Szukalski
Monte Sereno

DeCinzo is not funny, clever or accurate

Larry Todd and his staff are a credit to Los Gatos, and this community is fortunate to have him serve as our chief of police.

The Los Gatos Weekly-Times should be able to differentiate between a political cartoon and a personal attack/vendetta. DeCinzo is not funny, clever or even accurate in his representation of the facts.

By continuing to publish his childlike attacks, you demean the Weekly-Times as well as our community.

P.J. Shanker
Los Gatos

Term limits don't make sense in this situation

After reading the editorial in the Dec. 31, 1997, issue of the Los Gatos Weekly-Times [which pointed out that Councilmember Steve Blanton is on record as opposing term limits for councilmembers], I would like to express my hope that he will decide to seek re-election. Term limits for councilmembers may be a good idea; however, Mr. Blanton has represented a point of view that no one else on the council has.

He has had the good sense and courage to oppose the council majority and express the opinions of many Los Gatos constituents. I find he is a conscientious listener and takes a sincere interest in the issues of our town.

He has consistently attempted to stand firm on his convictions and adhere to positions which are held by many in this community.

Sandra Baker
Los Gatos


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This article appeared in the Los Gatos Weekly-Times, February 4, 1998.
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