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Opinion: TRPA, Kubby and the U.S. Constitution


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To the publisher,

As the new owners of the Coyote Grill located in Round Hill Square in Zephyr Cove, we received earlier in the year, a citation from the Tahoe Regional Planning Agency for the display of two 24X24 inch signs that serve to attract citizens to the nature of my business which is not permitted under Chapter 26 of the TRPA Code of Ordinances.

Additionally, other tenants were also cited for signage violations even as “selective signage enforcement” is well known. Even more egregiously and specifically, a tenant was cited for creating a “soil disturbance.”

To quote Thomas Paine, “Putting aside everything that might excite laughter by its absurdity, or detestation by its profaneness,” let us confine ourselves merely to an examination of the current usefulness of the Tahoe Regional Planning Agency.

Since its inception in 1969, considered necessary from the “impact of tourism, ranching, and logging on the Lake Tahoe environment,” according to the TRPA Compact, the bias of the Tahoe Regional Planning Agency has been to subordinate commerce and private property in much the same way as that of a national park.

And to paraphrase the classical liberal economist, Ludwig Von Mises, when bureaucracy goes beyond the task of maintaining an environment in which the social cooperation of the marketplace can proceed in peace, it becomes inimical to human welfare. It obtains its revenues and finances through taxation — fiscal force.

Since that is so, Mises writes, bureaucrats cannot be given discretion in the manner of profit- oriented managers. Rather, they must be “bound to comply with detailed rules and regulations,” whether a government is accountable to a despot or to the people.

In the aftermath of the Armageddon of Angora, an Associated Press article wrapped the disaster with a bow for those whose property went up in flames: “The fire, some say, was a disastrous side-effect of Tahoe Regional Planning Agency’s sometimes single-minded approach to preserving the lake’s legendary clarity. Its strict policies include fining homeowners thousands of dollars for cutting down trees from their own properties.”

Perhaps taking management of trees out of their purview is a reasonable approach to more comprehensive reform. TRPA was, after all, chartered to preserve and improve the clarity of the lake and its indifference and contempt of nature itself is irrefutable here. As is the authoritarianism of an agency of state that forbids me from communicating with fellow citizens of my service-based business.

And so the Tahoe Regional Planning Agency, the creature of Republicans Ronald Reagan and Paul Laxalt again and again rears its repulsively ugly, authoritarian head upon where and when private capital and initiative can attract commerce and protect private property.

As Libertarians, I did not meet Steve Kubby when I sought California’s 60th Assembly seat in 1998 as he campaigned for governor from Lake Tahoe’s North Shore. But as co-author of Proposition 215, he had successfully navigated through an entrenched enemy’s fortified prohibition bureacracy and the evisceration of a tyranny had begun.

The time in nigh to assert the Founding Father’s original intent of the Supremacy Clause of the Constitution, affording the states and their citizen’s, prerogatives now denied by the Federal Leviathan.

Man up, Congressmen Dean Heller and Tom McClintock and help Steve Kubby and those of us in the Tahoe basin triumph over the tyranny of the Tahoe Regional Planning Agency.

Ut instituimus pergamus. (Let us continue as we have begun.)

Leland Faegre, president Milky Way Incorporated dba Coyote Grill

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Comments

Comments (17)
  1. doubleblack says - Posted: October 31, 2010

    What is there to say except; RIGHT ON, RIGHT ON, RIGHT ON. The TRPAZI is out of control in controlling our lives.
    Oh, that’s right, they are virteous so they get a pass as Tahoe goes downhill with a big push from the TRPAZI and outside wacko enviro’s.
    And now according the Joanna M. at control central you should be happy to know that Lake Tahoe is an INTERNATIONAL treasure. As John Stossel says, “Give me a break.”

  2. Joe Citizen says - Posted: October 31, 2010

    I remember all those road side flag signs that started showing up on the street in front of the Round Hill shopping center. Once one business did it, every other business did it too. It looked very tacky and I’m glad someone stopped it. So the TRPA is not all bad, but I am supporting Kubby and his efforts to limit them.

  3. Bob says - Posted: October 31, 2010

    Well said. I doubt the TRPA is going anywhere soon however. More dialogue is needed between business and the TRPA if business is to improve. It’s hard though when you have splinter groups out there like the League to Kill Tahoe. More pro business groups need to spring up in the area in my opinion if you want to fight the TRPA.

  4. Leland Faegre says - Posted: October 31, 2010

    You are right, Bob. Without a renaissance of understanding of the Framers intent of the Constitution from leadership platforms such as the Rotarians, Kiwanis and civic groups generally, a disproportional role must fall upon local government.

    But of all of the South Lake Tahoe City Council candidates, only Kubby understands the economics of this Leviathan and has successfully permeated its bunker and set in place the incendiary devices necessary for victory. The other candidates will only discuss the Tahoe Regional Planning Agency when confronted in public forums and by reporters. That is not leadership. Haven’t we had enough of that?

  5. fpogen says - Posted: October 31, 2010

    You had a good article going until that Angora Fire related quote: “The fire, some say, was a disastrous side-effect of Tahoe Regional Planning Agency’s sometimes single-minded”
    It isn’t even a good quote. ‘some say’. Those are weasel words.
    After that, your credibility dropped.
    And it gets worse…
    “Perhaps taking management of trees out of their purview ”
    You obviously don’t understand how trees are related to water quality.

    You have some god points but then… logical disaster.

    You wrote about trees, water quality, and the fire… and not once mentioned Lahontan, due to your incomplete understand of what really goes on.

  6. Leland Faegre says - Posted: October 31, 2010

    If that is all you have, you are shooting empty cartridges…

  7. Deeply concerned says - Posted: October 31, 2010

    Laughing in the face of fpogen!!!!! it was trpas fault!!

  8. ZephyrCoveResident says - Posted: October 31, 2010

    Thank you for writing this article. As a permanent resident of Zephyr Cove, I am glad to know your opinion on protecting Lake Tahoe. I live nearby and often eat at Coyote Grill, but I will no longer do so. Bless this country and our First Amendment rights. The same right that allows you to author this article allows me to stop spending my money at your restaurant and choose to eat elsewhere.

    Consider this one customer lost. I’m sure there are many others.

  9. Leland Faegre says - Posted: October 31, 2010

    It could not please me more that you have exercised your liberty…

    Best Wishes

    Leland

  10. DaDude says - Posted: October 31, 2010

    FPogen:

    Perhaps you need to read a little more closely. The quote about the Angora fire is not from Leland, but from the Associated Press. The TRPA was widely criticized for citing and fining responsible homeowners who tried to clear the brush from their property to prevent a devastating fire. The TRPA levied thousands of dollars in fines to property owners who cut down dead trees and cleared pine needles from their yards. According to the TRPA, maintaining your yard with sensible landscaping constituted “disturbing the forest floor.”

  11. fpogen says - Posted: November 1, 2010

    “Laughing in the face of fpogen!!!!! it was trpas fault!!”
    Actually…. it wasn’t.
    You had been allowed to cut down 8″ trees (I think) for decades.
    California Public Resource Code has always superseded other regulations. Have you seen the stump density on Mule Deer and Mt. Olympia? It is insane. And all of those stumps were under 8″ so the DBH certainly was.
    Don’t even take into account the wind conditions, or the people who started the fire….. it is just easier to blame the TRPA?

    Leland, you have a point, you just sunk it with some irrelevant ranting.
    You quote from the AP… is utter rubbish. It is actually pathetic that they even used such a statement, which is total opinion. And you just went and used it, probably out of context, not even realizing how poor of a quote it is.
    Can;t you find any other statement from Cal Fire, or any other outside of the basin, credible source?
    Just some anonymous, uncited, out of context quote from the AP.
    Shoddy work like that would get a D where I studied….

  12. Leland Faegre says - Posted: November 1, 2010

    “…again and again rears its repulsively ugly, authoritarian head upon where and when private capital and initiative can attract commerce and protect private property.”

    This is the most salient point in the article and the AP quote reinforces its ‘side effect.’

    “Abolition of private property and the application of all rents of land to public purposes.”

    —Plank One, Communist Manifesto

    If your school didn’t teach you this, I would give it an ‘F…’

  13. thunker says - Posted: November 1, 2010

    What melodrama! It’s like this article was written be a renaissance faire groupy. I’ve seen teens awash themselves in similar flourishes as they pretend to relive their favorite fantasy quest. This adult is showing a relatively weak grip on reality.

    Thank heaven someone is keeping this guy from plastering Tahoe with signs.

  14. Leland Faegre says - Posted: November 1, 2010

    Two 24″ X 24″ signs that cannot be seen from Highway 50 is “plastering Tahoe with signs?”

    Someone is not doing it. An UnConstitutional Agency of the Federal Government is and this Agency of Authoritarianism admits that it has partnered in dysfunction.

    “So, I have set in motion a new Strategic Plan for TRPA. I am remaking our internal structure, our culture, and our business practices. Tahoe cannot afford to do nothing. Doing nothing assures only further decline, environmentally and economically.”

    — Joanne Marchetta

  15. NoToSLTStoners says - Posted: November 3, 2010

    Kubby = L-O-S-E-R. South Lake Tahoe wins!

  16. Leland Faegre says - Posted: November 3, 2010

    What other parts of the Constitution do you hold in contempt?