Summer Memories

With the passing of Labor Day, it's time to accept the fact that it's only going to get colder and darker. Fall is a great time of year, but it only foretells the inevitable descent into the doldrums of winter. In the meantime, it's nice to look back and think about all the things you did and didn't have a chance to do over the course of the summer. In the land of Kelo and Beyond, it seems fitting that there have been several recent stories in the land use realm that harkens back to the time of year when it's hot and sunny. Take for instance the land of Dirty Dancing, the Catskills. The State of New York has agreed to settle a seven-year battle with a developer seeking to construct a new resort area in amongst the pristine expanses 120 miles north of New York City. The biggest concern, among the many environmental groups challenging the plan, was the project's potential impact on the watershed containing some of the reservoirs that serve New York City's water needs. In the end, and in the spirit of Labor Day, all sides appeared to be satisfied with the results. The area got economic development, protection of a large chunk of the land in dispute and the chance for new hotels in upcoming summers.

And what about those bygone days of yore, when certain pastimes that no longer hold sway captivated the masses? One such example was the drive-in movie theater, which aside from certain pockets out there, seems to be going the way of silent films. Today there are around 400 across the country, down from 4,000 in 1958. Most owners found the shrinking crowds, and the demand for their land from big box retailers too strong to resist. Buffalo, New York just saw its last one close, to the lament of its long time customers. As one noted, after he saw the Elizabeth Taylor vehicle Cleopatra back in the day, "[b]eing a good Catholic that I am, I went to confession the next day . . . although to this day, I'm not quite sure why I went to confession. I wasn't the one cheating." Nonetheless, future generations will be cheated of a wonderful summer pastime, all due to the changing needs of how we use the land.

And what about that all too familiar site for summer fun, the Sunshine State of Florida? In a noticeably unfriendly gesture toward free-wheeling times, Coral Gables, Florida tried to outlaw the parking of pickups on residential streets, and even driveways, overnight. The Florida Third District Court of Appeal reversed a lower court ruling, and found that the law, part of Coral Gables' "City Beautiful" movement, crossed the line. Brought by none other than a young man waiting to hear the results of his bar examination, the lawsuit upheld what many see as a God given right: owning a truck. Being that these rugged vehicles also have half of their carriage exposed to the sun, how can't the city, smack dab in south Florida, welcome them with open arms?

In any event, as we all return to some semblance of normalcy (yes, unlikely, as "normalcy" is so often illusive), for those of us in cooler climes it's worth remembering these times, because they will all too soon leave us. And maybe there may even still be some leisure time left to savor the last few days of summer, and squeeze in all the things you still have yet to do.