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| Re: Hunters Point vs LIRR Round 1 (787618) | |||
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Re: Hunters Point vs LIRR Round 1 |
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Posted by trainsarefun on Thu May 21 11:37:43 2009, in response to Re: Hunters Point vs LIRR Round 1, posted by GP38/R42 Chris on Thu May 21 11:09:40 2009. Remember that we're talking about two different debates here. The action that I described in Jersey City is against the developer and brokers, i.e., the unit's sellers and their agents. But the petition described in the original post here in LIC concerns action that unit owners demand that the railroad take. Very different situations.In the event that some fool unit owner wants to bring an action against LIRR that the railroad activity constitutes a nuisance, I suggest that we give the ideas of Guido Calabresi and Douglas Melamed's classic article a whirl, with a similar approach taken here. If you want to call it a nuisance, since you came to the nuisance, indemnify LIRR to shift operations so as to abate the nuisance. So they can pay for LIRR to electrify, or take other measures! |
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