|

Suit over Pointe Aux Barques Lens

A forum to discuss non-specific lighthouse topics. If a topic doesn't fit into one of the other forums, put it here.

Postby BMR » Sun Dec 30, 2012 3:07 am


Catching up on a story ... I love the progession of these types of threads

(12/9) From The Grand Haven Tribune ... http://www.grandhaventribune.com/article/259591

(12/12) From Michigan Radio ... http://www.michiganradio.org/post/michi ... house-lens

(12/30) From The Detroit Free Press ... http://www.freep.com/article/20121230/N ... uit-tossed
There are two pips in a beaut, four beauts in a lulu,
eight lulus in a doozy, and sixteen doozies in a humdinger.
No one knows how many humdingers there are in a lollapalooza.
User avatar
BMR
Keeper
 
Posts: 155
Joined: Thu Dec 27, 2012 8:01 pm

Postby CHUCKX53 » Sun Jan 13, 2013 8:38 pm


Not really much changed there....The Feds sue, and the guy asks the suit to be tossed. :?
LIVE LONG AND PROSPER
User avatar
CHUCKX53
Inspector
 
Posts: 1148
Joined: Mon Jun 01, 2009 4:42 am
Location: Central INDIANA

Postby BMR » Mon Feb 18, 2013 2:50 am


There are two pips in a beaut, four beauts in a lulu,
eight lulus in a doozy, and sixteen doozies in a humdinger.
No one knows how many humdingers there are in a lollapalooza.
User avatar
BMR
Keeper
 
Posts: 155
Joined: Thu Dec 27, 2012 8:01 pm

Postby island » Mon Feb 18, 2013 10:25 pm


island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am

Postby BMR » Sat Apr 13, 2013 5:21 am


There are two pips in a beaut, four beauts in a lulu,
eight lulus in a doozy, and sixteen doozies in a humdinger.
No one knows how many humdingers there are in a lollapalooza.
User avatar
BMR
Keeper
 
Posts: 155
Joined: Thu Dec 27, 2012 8:01 pm

Postby island » Sat Apr 13, 2013 9:11 am


Very interesting story regarding the history. However there is a root problem here. This lens is owned now and always has been owned by the United States of America, thus the citizens of this country, not the U.S.Coast Guard, which by law is now responsible for this lens. That the Coast Guard "gave" the lens has no legal standing for they never owned it to begin with. Nor for that matter the Lighthouse Service before the Coast Guard was assigned aids to navigation responsibility. When this lens was first acquired from the lens maker, the Lighthouse Service was authorized by Congress to purchase it for use by the Lighthouse Service not to own it. Payment was made from the U.S Treasury, not from the Lighthouse Service. Over the years there have been numbers of items including smaller lenses given by someone representing the Coast Guard but not owned by the Coast Guard thus such gifting has no legal standing.
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am

Postby BMR » Sun Apr 14, 2013 4:21 am


No legal standing?

Interesting interpretation ... How do you litigate versus a "what?" ... Does
"over the years" represent a precedent? Does the tradition of prior "giving" set
a model to be followed?

My intuitive guess is this isnt the first time such a suit, such a request, has
wandered thru the courts ... should all attempts at resolution fail, there surely
will be sufficient prior case law to help this action along ...

Perhaps as simple as "stare decisis?"
(although we all realize nothing is "as simple as")
There are two pips in a beaut, four beauts in a lulu,
eight lulus in a doozy, and sixteen doozies in a humdinger.
No one knows how many humdingers there are in a lollapalooza.
User avatar
BMR
Keeper
 
Posts: 155
Joined: Thu Dec 27, 2012 8:01 pm

Postby island » Sun Apr 14, 2013 9:55 am


The Lighthouse Museum in Rockand has a notable collection of lighthouse artifacts, most of which is the property of the USA, and not owned by the museum and in no way could the museum give any of these items to another party for display elsewhere without written authorization from the Coast Guard and agreement by the recipient that they would properly care for such. The greatest concern is not who has possession but that the artifact is being properly cared for to prevent loss of from deteriation and is made available for public display.

Issues like this are relatively common regarding property other than lenses regarding objects of substantial size. As an example two small cannons on display outide the Amvets hall in a small town. They had been there for years. Some cannon enthusiast saw them and from the serial numbers attemted to learn their history. In the process it was learned these had been "given" to a veterans hospital some years ago. Someone in the hospital administration had given the cannons to the Amvets. The hospital demanded them back. This discovery tuned into a big flap involving the Amvets, the hospital and the Army Historian Office in DC. The historians were upset that they were not being properly cared for. It was discovered the cannons had first been given to the hospital by an officer on an army base, given for use for display not given to own. The only documentation that existed was in the base vehicle files, a document regarding a trip to the hospital to deliver two cannons. I believe the Amvets eventually received permission to retain one or both on condition they comply with historic preservation standards and not transfer them or it to someone else without permission.

Many relics large and small from the sunken battleship Maine were given for display at various location. One small relic was a Colt 45 pistol found on the wreck and given to the Navy officer who had been dispatched from Miami to Havana to investigate this incident. The officer later gave the pistol to his brother-in-law Asst. Secretary of the Navy Theodore Roosevelt who later carried it with him during his Rough Rider campaign in Cuba. After Roosevelt's death it was passed on to a relative and later became part of a collection at the former Roosevelt home from where it later was twice stolen and with the FBI called in for it was considered government property. The second theft went un-solved for many years until a weapons collector acquired the pistol, discovered its history and true ownership and turned it over to the FBI, thus case closed. (I don't know how greatly this connects to the lens issue but it is an interesting story and the ship that carried this Navy officer to Cuba and remained there during the investigation was the former lighthouse tender Fern. Tim Harrison has the complete story and with my permission to publish. This is an example of some of the stuff I uncover when researching lighthouse history.)
Attachments
Roosevelt-trwriting_closeup1.jpg
Roosevelt-trwriting_closeup1.jpg (77.15 KiB) Viewed 4293 times
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am


Return to General Lighthouse Discussion

Who is online

Users browsing this forum: No registered users and 1 guest

cron