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[C Russell <mtbetter AT yahoo.com>]

Probably won't get anywhere with this, but an
interesting effort.

http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20050629/REPOSITORY/506290321/1031
Article published Jun 29, 2005
Weare 
  'Hotel' targets Souter's home Property rights
advocates make protest personal 
By MEG HECKMAN
Monitor staff
 

A letter that emerged yesterday from the fax machine
in the Weare Town Hall has thrust Supreme Court
Justice David Souter's beloved farmhouse into a
national debate over property rights.

Souter, a longtime Weare resident, joined in a court
decision last week that allows governments to seize
private property from one owner and turn it over to
another if doing so would benefit a community. Now, an
outraged Californian wants to test the ruling - by
asking Weare's selectmen to let him replace Souter's
farm with a posh hotel. 
"A recent Supreme Court decision. . . . clears the way
for this land to be taken," Logan Darrow Clements
wrote in a letter faxed to town officials yesterday.
"The justification for such an eminent domain action
is that our hotel will better serve the public
interest as it will bring in economic development and
higher tax revenue to Weare." 
The letter, which included Souter's street address,
was posted on conservative pundit Rush Limbaugh's Web
site yesterday afternoon, spurring concerns in town
about the reclusive justice's safety and privacy. 
Souter was attacked last year while jogging in his
Washington, D.C. neighborhood, although the police
there believe it was not related to his work in the
court. While most locals here know where he lives,
they respect the justice's desire for solitude.
Yesterday, for example, town officials blacked out his
address before sending a copy of a letter about the
hotel project to the Monitor. 
Souter couldn't be reached by phone yesterday and had
not yet returned to Weare last evening, but a few
police cruisers were parked on the edge of his
property.

It was a precaution; just being protective," said Lt.
Mark Bodanza. 
Clements is the CEO of Freestar Media, a Los
Angeles-based outfit that fights "abusive" government
through a Web site, a fledgling cable show and efforts
like the one in Weare. Clements, who could not be
reached yesterday, plans to move to New Hampshire soon
as part of the Free State Project, a group that
supports limiting government powers. Thousands of
Free-Staters plan to move to New Hampshire in the next
few years because of its small government, few taxes
and "Live Free or Die" motto. (Other members of the
project stressed that Clements's hotel plans are not
affiliated with the group.) 
Clements's request fascinated the staff at town hall,
and Code Enforcement Officer Charles Meany said he
passed the letter on to the board of selectmen. 
"Am I taking this seriously? But of course," said
Meany, who handles building requests. "In lieu of the
recent Supreme Court decision, I would imagine that
some people are pretty much upset. If it is their
right to pursue this type of end, then by all means
let the process begin. . . . I have to allow the law
to take its course." 
Clements dubbed his project the Lost Liberty Hotel,
and says it will include a dining room called the Just
Desserts Café and a museum focused on "the loss of
freedom in America." And those Bible-leaving Gideons
won't be welcome. Instead, Clements wants to tuck
copies of Atlas Shrugged into the night stands, giving
visitors a chance to read author Ayn Rand's
individualistic tome. 
Souter's two-story colonial, assessed at just more
than $100,000, brought in $2,895 in property taxes
last year. A hotel, especially one as unique as
Clements's, would likely net the town a much greater
tax payment - not to mention a potential tourism boom
for local businesses. 
By mid-afternoon yesterday, Meany had received two
more letters about the project - one from a women in
Houston, Texas vowing to visit Weare if the hotel were
allowed and another from a man in McMurray, Pa.
pledging financial support if town leaders choose to
hand Souter's land over to Clements. 
Both letter writers signaled their distain for the
court's ruling in Kelo vs. City of New London.The case
stems from a battle between a group of Connecticut
homeowners and a city government that wants to boost
tax revenue by replacing a neighborhood with an office
complex. The majority opinion, written by Justice John
Paul Stevens, said it was up to states, not the
federal government, to craft regulations around
property. Souter supported Stevens along with justices
Anthony Kennedy, Ruth Bader Ginsburg and Stephen
Breyer. 
Weare's selectmen planned to review the letters at its
meeting last night, and will decide how to proceed,
said chairwoman Laura Buono. 
"It was an interesting e-mail,"she said. 
Even if the five-member board were to endorse
Clements's project, zoning laws would have to be
changed and the hotel would have to garner approval
from the planning board. After that, the project would
fall under Meany's watchful eye. 
"The big thing is, you have to own the land before you
deal with me," he said. 
------ End of article 
By MEG HECKMAN 
Monitor staff 




                
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