Appeal Of Anti-homebuilding Law Fails

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Key Takeaways:

  • Jacksonville, Florida, passed an ordinance banning home-based aircraft construction, citing aesthetic and noise concerns.
  • A court upheld the ban, rejecting a challenge from homebuilder Brian Kraut and affirming the city's right to zone based on such considerations.
  • Kraut, whose project sparked neighbor complaints, argued the ban was unfair, claiming his property was not an eyesore compared to other neighborhood homes.
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When Jacksonville, Fla., passed a city ordinance in June banning the home-based construction of aircraft, it seemed so unfair that it was expected to fail under court scrutiny. But now an appeal to the courts to reverse the ban has been rejected. “Cities have the right to zone based on aesthetic (or noise) considerations,” Judge John Moran said in his ruling on the case, according to the Jacksonville Times-Union. While aviation enthusiasts may disagree with the policy, that doesn’t mean the city’s decision was “arbitrary and capricious,” he said. Homebuilder Brian Kraut had challenged the law as unconstitutional. It was imposed after neighbors complained about his working on a Midget Mustang. [more] “A lot of people are assuming that I live in some gated community with half-million-dollar houses and I have an aircraft junkyard on my front lawn…nothing could be further than the truth,” Kraut says at his Web site. The site shows images of his house with various unfinished fuselages on a trailer in front, as well as nearby houses with boats, motorcycles, trash cans and other items in their front yards.

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