18 January 2007

my hero

a retired navy captain in virginia has won a six year battle against gubmint overreach. he was given a $35 ticket for not having a valid inspection sticker on his car. the funny thing is that the car was parked on private property.

i found his argument in the opinion:
Eberth raises three separate assignments of error. First, Eberth contends that Code § 46.2-1307, which vests localities with the authority to define certain private roads as “highways” for law-enforcement purposes, violates the Equal Protection Clause of the Fourteenth Amendment. Second, Eberth argues that the Prince William County ordinance is invalid because it impermissibly extends the scope of the authority granted to the County under Code § 46.2-1307. Third, Eberth contends that the ordinance is a “nullity” because the laws of the Commonwealth only require a vehicle to display an inspection sticker when it is being “operated.”
conclusion:
For these reasons, we hold that, in enacting County Code § 13-277(a), Prince William County exceeded the scope of the authority granted to it by Code § 46.2-1307. The County did not have the authority to enforce its parking regulations on “private roads” such as the one at issue in this case. Likewise, the County did not have the authority to enact County Code § 13-322, which prohibits the parking of uninspected vehicles on public highways. We reverse7 the judgment below and dismiss the underlying citation.
i'd try to piece together a more readable description, but there is way too much lawspeak sprinkled in the text.

No comments:

Post a Comment