Results 1 to 6 of 6

Thread: Could use a little help.

  1. #1
    Regular Member Tucker6900's Avatar
    Join Date
    Jul 2008
    Location
    Iowa, USA
    Posts
    1,249

    Could use a little help.

    Hey all,
    I am looking for some insight.

    There is a building in town that is owned 100% by the city. There is an organization that is leasing the building from the city. Now, with that in mind.


    Can the organization that is leasing the building make rules that overrule state law?

    Since the building is owned by the city, do the laws and ordinances of the city and state apply?

    Any and all forms of case law, legal codes welcome.

    Thanks ahead of time for the information.

  2. #2
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787
    Quote Originally Posted by Tucker6900 View Post
    There is a building in town that is owned 100% by the city. There is an organization that is leasing the building from the city. Now, with that in mind.

    Can the organization that is leasing the building make rules that overrule state law?
    No.

    Since the building is owned by the city, do the laws and ordinances of the city and state apply?
    Yes.

    Any and all forms of case law, legal codes welcome.
    Sounds like the lessee is doing something you don't like, and that if the building were inhabited by city personnel itself, they wouldn't be allowed to do it. Am I close?

    In any respect, we'll need a lot more information before anyone can definitively say there's something wrong, here. Just because the laws apply doesn't mean they're being violated. Laws which prohibit the city and city personnel from doing something may or may not apply to the lessee. It depends on the nature of the lessee's business, whether they're working directly, partially, or not at all for the city. It also depends on laws specific to that city and state.

    So:

    1. Which city and state?

    2. What's the nature of the lessee's business?

    3. Do you have any access to the lease? That's vital in terms of finding out if there are any provisions in the lease which bind the lessee.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  3. #3
    Regular Member Tucker6900's Avatar
    Join Date
    Jul 2008
    Location
    Iowa, USA
    Posts
    1,249
    Quote Originally Posted by since9 View Post
    So:

    1. Which city and state?
    Wellman, IA

    2. What's the nature of the lessee's business?
    YMCA

    3. Do you have any access to the lease? That's vital in terms of finding out if there are any provisions in the lease which bind the lessee.
    Awaiting finalization of my FOIA request. Should get it today or tomorrow.

  4. #4
    Regular Member
    Join Date
    Mar 2008
    Location
    Linn County, Iowa
    Posts
    306
    You may as well put in a link to the identical thread you started about this in the Iowa forum, so people can read the information there also.

  5. #5
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787
    @Tucker 6900: Very well!

    Forth question: What rule(s) are they making/enacting which you find unacceptable?
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  6. #6
    Regular Member Tucker6900's Avatar
    Join Date
    Jul 2008
    Location
    Iowa, USA
    Posts
    1,249
    Quote Originally Posted by since9 View Post
    @Tucker 6900: Very well!

    Forth question: What rule(s) are they making/enacting which you find unacceptable?
    PM Sent.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •