Thursday, January 26, 2023

The Purpose, History & Legal Considerations of Zoning Ordinances

 What exactly is zoning and what is its purpose? Zoning falls under the purview of police power & is the process for dividing land into zones for different uses. Zoning laws are the laws that regulate the use of land and what will be built on it. 

Ultimately zoning is supposed to benefit the “health, safety and general welfare of the public.” It means that every act of governance should (ideally) be made in the best interests of the people. Accordingly, zoning laws are created for the simple purpose of protecting the health, safety and general welfare of the people as relates to land use & - very importantly - it is widely believed that zoning helps to protect the values of real estate in a town or city. Though ultimately a state power, almost all zoning is delegated to the various political subdivisions of the state government - counties & municipalities, through state enabling acts. 



The main things that zoning ordinances should try to strive for:

  • Protecting the value and enjoyment of properties by separating different land uses and attempting to minimize any adverse  effects upon each other

  • Protecting the value and enjoyment of properties by allowing a property its most appropriate use given its location and surrounding uses

  • Providing for the orderly development of a political subdivision (city/county) in the best interests of its citizens, and

  • Providing adequate public infrastructure, e.g., roads, schools, water and sewers

These ordinances specifically codify:

  • The type of zone (e.g., commercial, residential, agricultural),

  • What types of buildings and other structures can be constructed within each district (i.e. size, number of stories)

  • The situs of structures (e.g., setbacks, green space), and

  • Environmental & Aesthetic concerns(e.g., buffers, flood control).

The Process: the creation of the ordinance is similar to the comprehensive/master plan’s creation and approval: staff and planning consultants (often lawyers) create a draft ordinance; a public hearing is held (or multiple hearings) for public input; the draft is modified by staff and consultants; eventually a draft ordinance is given to the planning commission for review; more public input; commission makes a recommendation to the city council/county BOC; more public input; approval, approval with modifications, or send it back to the commission.


  • Relevant case law: 

    • Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) and 

    • Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978State and federal statutes, codes and regulations

When a city wants to make a change to the ordinance, but hasn’t determined yet what that change should be, but wants to temporarily halt development that, while legal under the current ordinance, would be prohibited under the likely change, the city can enact a moratorium.  Courts may consider whether the moratorium advances a legitimate governmental interest, is being made in good faith, and doesn’t deprive the landowner of all reasonable use for too long. Not unlike the judicial realm, it’s all about the balancing of equities with an emphasis placed on the property rights of the property owner. If done incorrectly, any governmental entity could be guilty of an “improper taking” of one’s property value. This can lead to lawsuits. 

The Beginning of Modern Zoning: 


In 1926, the United States Supreme Court ruled in the landmark case of the City of Euclid, Ohio v. Amber Realty Co. that zoning ordinances, regulations and laws are a legitimate use of a community’s police powers so long as the regulations provide a benefit to public welfare. While zoning was ruled by the Supreme Court to be an appropriate use of a community’s police power, the validity of any zoning ordinances can be subjected to legal challenges. Common validity challenges include spot zoning & any violations substantive due process amongst other things.

DUE PROCESS Amendment V of the U.S. Constitution provides, in part, that “[n]o person shall be . . . deprived of life, liberty, or property, without due process of law.” This mandate applies to the State and local governments through the Fourteenth Amendment, which provides in part: “... nor shall any state deprive any person of life, liberty, or property without due process of law.

This clause of the Constitution has come to protect individuals from arbitrary governmental action, no matter what level of government is acting. There are two types of due process afforded by the constitution, procedural and substantive. Procedural due process in regard to land use regulations requires a fair and open process. Procedural due process ensures that decisions are reached in a fundamentally fair manner & that a process was provided to property owners in a municipality. In regard to zoning, the courts have interpreted substantive due process to mean that land use controls must advance legitimate governmental interests that serve the public health, safety, morals, and general welfare. Substantive due process requires that: 1. There is a valid public purpose for the regulation; 2. The means adopted to achieve that purpose is substantially related to it; and, 3. The impact of the regulation upon the individual not be unduly harsh. 

Three major items of consideration w/ regards to LEGALLY denying a zoning amendment (change): - the proposed use is already well served. i.e. a city w/ a population w/ an approx. population of 15,000 has recently allowed over 1,000 multi-family units to be built while another 1,000 are already in the pipeline, permitted & now going vertical, that city would be well w/in their rights to deny a zoning amendment for a new apartment complex - lack of infrastructure. i.e. in this same city, traffic is already a nightmare & the school system is busting at the seams, this city could deny a request for any zoning amendment w/ legal cause due to lack of infrastructure - Finally: Quality of Life of The Citizenry. After all, zoning ordinances were first upheld due to the General Welfare Clause. An adverse effect on the general welfare is, too, a legal justification for denying a zoning amendment ***HOWEVER***

If the zoning is already in place - it's pretty much a done deal (though not necessarily always). That's why all cities & counties need to constantly be reviewing their ordinances & zoning maps. - Marshall McCart -

Wednesday, December 14, 2022

Talkin' Zoning: A Short History as well as C-Town, and Apartments & Dollar Generals

 It was in 1926 when the Supreme Court of the United States (SCOTUS) first upheld zoning ordinances as a constitutional exercise of police power. Prior to that, attempts by political subdivisions to codify those things were always stricken down. 

But w/ the seminal case of Ambler Realty vs City of Euclid, that year's version of SCOTUS found that these ordinances were in fact legal as per the General Welfare clause of the US Constitution. 

The reason for this was primarily it was based on money (like everything else, no?).

Since property taxation (another story for another time) has almost always been done in an ad valorem fashion (based on value), and since county & municipal governments get the lion's share of their revenue from these real property taxes, preservation of property values has always been a major consideration for the government, naturally. 

Everybody's got bills to pay. 

But a main part of that decision - which is also referenced in case law since - is that the key aim of this particular police power is to maintain "quality of life" for the Citizenry & to safeguard the public interest.

After all, we're talking the general welfare clause, right? 

Another key piece of the puzzle is that a governmental entity can always deny a zoning amendment if they don't have the infrastructure & services to be able to handle the increase of persons, vehicles & demand for services that a particular development might bring forth. 

And that really is ironclad. If an entity doesn't have the thoroughfare capability, nor the water & sewer capacity, or the necessary attendance ability for their schools (and remember: schools are SO expensive - gotta buy the land - usually from folks plugged in - build it & then staff it) to sustain it, or any number of another dozen things, they CAN SAY NO, so long as the zoning isn't already there. 

--If the zoning is in place, however, it's already a done deal --

If not, then it's a legitimate & winning argument for a political subdivision to simply say this:

"We're good. Can't handle it. Thanks, though." 

I mean, really, it is.

That's a fully legal consideration. In fact, you could simply just say that the quality of life of our town/city/county would be adversely impacted w/ another 400 cars per day on average on this particular road so therefore:

DENY, DENY, DENY!!! 

Yes. That's right. 

### 

The developers, however, have perfected the art of dealing in bad faith & using their powers of persuasion (and their $$$), to convince weak-kneed, no-moral-compass-having politicians of buying their longstanding lie: 

Only "Development drives infrastructure" 

Well, that's pretty much the way it's always been, but it doesn't have to. 

There is a way to stop it. 

*****

So, for C-Town, how many new Multifamily (MF) units do we currently have recently built, going vertical, in the pipeline & permitted? 

It's a lot. I don't think anybody knows for sure. It's in the thousands, though. 

Legally, we can deny a zoning amendment for MF for years! Like, several years... 

But, again, if it's already zoned, then you're just pissing in the wind.

You got the "Due Process" of the property owner to consider & the concept of an "Illegal Taking" as per the Constitution.  

I've been telling folks for years & years that we need to go through our code of ordinances & zoning maps w/ a fine-tooth comb at both the city & county level, but...

They never do it. 

~~~~~~~ 

And another legal reason for denial that's been upheld countless times over the years is this: 

The particular proposed use, zoning or endeavor is already well met for the community's needs. 


So if this particular use, or enterprise is already fully served, could this particular area, city or county vote to deny it? 

Whether it's apartments, Dollar Generals, or Waffle Houses, the answer to this question is an emphatic YES. 


- MBM 




Monday, July 18, 2022

The Farewell Letter to my Most Recent Real Estate Salesperson Pre-L Class

 Marshall McCart | marshallmccart@gmail.com | 678.333.4646

 June 2022 To: Our Fearless AREU Pre-License Students 

RE: The Finish Line & The Road Ahead 

Well guys, here we are - the end of the line & of our time together. For those of you not taking the Review & Make-Up Course, this will be goodbye for now, though I hope I’ll be seeing you down the road & maybe we’ll do a co-op together one day! 

This is always a bit of a bittersweet moment for me. As I mentioned to you at the beginning of the course, each time around is a brand new journey for me & each group becomes a unique family of sorts. I’ve really enjoyed getting to know you guys & y’all have been a really good group, so thanks for that & I’m going to miss you. 

Also, I want to tell you the same thing I told you the first night of class but now in a very different context: Congratulations! But even more so now, as you guys have really crossed the biggest hurdle yet - you’re still standing. And that’s a big, big deal. There are others who can’t lay claim to that. Think about how much you’ve done & achieved these past two months; think about how much more knowledge & information you now possess.

 It’s a beautiful thing. 

But, the journey is far from over. You’ve made it to a very important point, but now you’ve got to take it to the next two levels – the in-class final & then State. 

Always remember to stay positive. The mental aspect is almost as important as knowing the subject material. It’s very important. 

And remember the...

3 Keys to Test Taking

REMEMBER TO BREATHE / DON’T STRESS 

READ THE QUESTION ( & Each Answer!) 

TRUST YOUR GUT (more times than not when you change an answer you’re changing it to the wrong one)

And the7 Mantras: 

Per The Agreement 

Talk to Your Broker (Ask Your Broker) 

Disclose, Disclose, Disclose 

IN WRITING! 

Dot your I’s & Cross your T’s 

The Grandma Rule (Do the Right Things & Do Things Right) 

Know Your Role – Remember Your Scope of Authority - Do not Overstate Yourself or your Expertise It’s truly been my pleasure. Best, Marshall McCart

Friday, March 18, 2022

The Time Change Question: Do Away With It But Not Until This Fall

 Regarding the Senate's action to make daylight savings time permanent, this is a mistake. We do need to end the time change but the key is to do it after we switch back to Standard. 


Not many remember but the US did switch to permanent Daylight Savings time in the 70s & everyone hated it.
Here's a piece on it : 


The US Tried Permanent Daylight Saving Time & Everyone Hated It


We need to change back to Standard this fall & then never change it again.  Reach out to your Senators & Congressman.


-





Friday, November 26, 2021

Marshall's Music Thanksgiving List

 *originally published at The Covington News in November of 2016 

I'd like to give thanks that a transplanted Yankee named Judy met a Newton County boy named Billy while matriculating at that university in Athens back in the day. I’m thankful for the fact that the aforementioned northern co-ed got into music like Joan Baez and Peter, Paul and Mary and bought, and learned how to play, a Harmony guitar while she was in attendance. 

I'm also thankful that I was able to mess around with and attempt to play said Harmony guitar as a young boy. 

I'm quite thankful that I befriended a beautiful and sweet Biggers girl years ago who had the voice of an angel and could play a pretty good guitar, too. I'm thankful that we kicked off a wonderful musical relationship that would turn into a romantic relationship, years later. She's the best, and I'm a lucky man. 

And I'm thankful that I married into her family which consists of folks who are all as good as gold and incredible musicians and singers as well. It's always been an honor to play several of the Biggers Family Band’s shows we've done over the years. 

I'd like to give thanks for being a part of a group back in the mid 90's called Southern Freight. To Bobby D. Stephens, Jamie Sherill, Wm Greg Peters, Scott Bowen and some of the others involved with that — Thank you! And I wish somebody could find the video of us playing at that big blowout at the Wiley Farm in which we tore up "In Memory of Elizabeth Reed." 

And an additional shout-out to Scotty B for being a musical comrade in so many groups throughout the years in addition to Southern Freight: The Enduring Chill, The Cosmic Rednecks, The Cool Swap, and Neon Madmen. 

I'm thankful for the Old Library Basement crew, AKA, The Tin Roof Wranglers: Cham, Brad, Reb, Rob, Tedo & the rest. 

I'd like to give thanks to Michael Zahn, God rest his Soul. He saw a need for original acoustic music in our area and gave the opportunity and an outlet for several of us back in the early 2000s at his restaurant. And thanks to RL and Trish who continued that tradition after they took over that spot. 

Sunday, October 17, 2021

Georgia Courthouses

 

Georgia Courthouses

From About Covington to Madison magazine. June 2013


Greetings. Hope everyone is well out there. First off, I’d like to take a moment to thank you for all of the kind words after my last column. It’s great to be back, and I’m so glad that so many of you are excited about it.

Hancock Co. Photo by Keith Hair. From GA Info.




In the last column, I talked a good bit about courthouses. Well, I thought I’d expand on that a bit with this column. I received an email from a fellow by the name of Brant out of Oxford, GA. Brant, like myself, seems to be an enthusiast of Georgia courthouses, and he made a very good point: perhaps one of the best looking courthouses in our state, especially in terms of the view as you approach it, would have to be down in Sparta, GA (Hancock Co.). That is a great courthouse. As I responded back to him, Hancock’s would 
probably be in my top 10 (maybe even top 5). Built between 1881-1883, it incorporates a Second Empire architectural design (the same as Covington) and is absolutely beautiful. Hancock Co. is an old county. It’s been around since 1793 which makes it a good bit older than Newton or Morgan, although not quite as old as the original 8 Georgia counties that were created in 1777. Hancock Co. and the city of Sparta, isn’t that far from us, just on the other side of Putnam Co. And as Brant said, Sparta might be Covington in another universe (as Covington portrayed the city of Sparta, MS in the famous show, “In the Heat of the Night”).

As a Courthouse enthusiast, I have found a wonderful online resource for those of you who share an affinity for this subject. Go to: http://georgiainfo.galileo.usg.edu/courthouses/contents.htm. From this site, you can visit links to all 159 Georgia courthouses complete with pictures, design style, and background information. This resource is called GeorgiaInfo and is offered by GALILEO and the University of Georgia Library system as part of the Digital Library of Georgia. In addition to the courthouses, there is a plethora of other historical information available on the main page: http://georgiainfo.galileo.usg.edu/ Check it out sometime – you’ll be glad you did.

Some of my favorite courthouses in Georgia other than Newton, Morgan, and Hancock are found in the following counties: Colquitt, Jasper, Talbot, Washington, Oglethorpe, Upson, Lincoln, and Meriwether. A bit of trivia: the oldest courthouse still in use in Georgia? That would be Columbia Co., in the city of Appling, 
Talbot Co. Courthouse. Photo by Keith Hair.

built in 1856. And the oldest one still standing that’s not in use? That would be Fayette Co., in Fayetteville, and was actually built way back in 1825!

There are several different types of architectural styles found in Georgia’s courthouses but most fall under these designs: Beaux Arts, Greek Revival, Italian Renaissance Revival, Neoclassical Revival, Second Empire, Modern, and a few others. I’m partial to the Second Empire and Neoclassical Revival styles, myself.

Georgia is very fortunate to have so many courthouses. Our fine state has 159 counties and therefore can lay claim to 159 courthouses as well. Only the state of Texas has more counties than Georgia does and obviously Texas is a much larger state. Why does Georgia have so many counties? That’s a good question. The explanation for that is as Georgia grew over the years, it was decided that the county seat of every county would be within a one day round trip for anyone on a horse or in a wagon. So, naturally, that lead to a rather large quantity of counties as the state expanded. And as counties are the primary political subdivision in our great state, that meant anyone needing to conduct county business with the Ordinary (now called Probate Judge), Sheriff, Clerk of Court, or anything else would be able to do so without having to leave the farm for more than one day. Of course, these days we have cars, so perhaps having so many counties would be considered a bit outdated, but I sure wouldn’t want to change it. I think it’s pretty neat that we have so many counties. Have you ever tried to name as many Georgia counties as you could from memory? Try it sometime – it’s pretty tough. As a quick aside, a buddy of mine and I are planning on publishing a book about Georgia’s courthouses. Maybe one day that will come to pass. I sure hope so.


Well…I guess that will about do it. I’ve got some exciting things coming down the pike. I’m hoping to revisit the Rutledge area and do a story on the Ebenezer community and some of the old plantations and home places there. Also, I’m hoping to finally do an interview and a corresponding column on someone I’ve 
wanted to write about for quite some time. I won’t reveal the name right now, but I’ll give you a couple of hints: the letters A, R, and S and the city of Doraville. Any guesses? If so, send me an email. Thanks for reading, guys. Until next time…

Sunday, January 31, 2021

The Cascading Ripple Effect of the Proposed New Minimum Wage: A White Paper by Marshall B McCart

 With the recent developments of a Biden White House, along w/ Democratic control of both the House of Representatives & the U.S. Senate (technically), some are speculating that a $15/hour minimum wage is actually close to becoming a reality. For the record, I don't think so. I think a compromise will have to be made (there's actually at least a couple of Democratic Senators who are more conservative than a few of their GOP counterparts)  & we'll likely see something more like in the $10-$12.50 range. 

Regardless, this is a terrible idea...

Let's delve in. 

Based on most information available, only approx 3% of the US Workforce actually makes minimum wage. So, the question is begged -- why is this even a thing? 

The obvious answer to this is two-fold, in my estimation. 

1. Control. Sending a clear & concise message that the federal government is, once again, the end-all, be-all arbiter of force in America vis-a-vis all things, especially economic, but also basically everything else. 

2. Part of a concerted effort to tank the American economy so as to reduce her sovereignty & therefore empower China and the global power elite to reduce her might & clout. 

Of the previous two points, I know I'm absolutely right on both of those just like I know that the sky is blue & the sun will rise from the east tomorrow morning, though at least a few of you reading this will think I'm totally wrong. 

You're cute... 

###






I'm tempted to just leave it at that. 

~~~

But you need more, yes? 

Good. I'm glad. 

Here you go: 

Let's say we have a product. We'll just call it "The Product" for our purposes.  

The manufacturer of said product sells this product to various wholesalers/distributors at a price of $10 per unit (some, who buy in bulk - maybe a little less).  

*Most all goods in America have multiple levels of distribution (except, now, Amazon)

So, Biden & the America Last crew gets a $15 minimum wage passed & that increase goes into effect. 

This manufacturer sees that they'll have to increase their price by 32% to make it up w/ the increased labor costs. So, the product that was $10 per now goes up to $13.20. 

Next level: 

The wholesaler/distributor that was paying $10 per unit (and was previously charging a 100% mark-up on) is now having to pay $13.20 per; however, now the wholesaler is dealing w/ the same problem that the manufacturer had. Their workforce payroll is now also having to increase. Based on their in-house analysis, they've found that they'll have to increase their mark-up by 27% to make up for increased labor costs on top of their previous gross mark-up of 100%. So, instead of the $20 they used to charge the retailers that bought from them, it will now be [$13.20 x 100% mark-up, plus the additional 27% because of the minimum wage hike] : $33.53 per to the retailer (a total increase of 67.6%; and we're still not done). 

Now to the retailer. The business that actually sells to the public. 

They have now seen their cost of goods sold increase the aforementioned 67.6%. This retailer has always used a 25% mark-up/gross profit model. What they used to sell for $25 to the general public, will now undoubtedly have to go way up. 

So, they add their usual 25% mark-up to their new COGS (cost of goods sold). That number in now $41.91

BUT...Big But...this retailer now has to factor in their own increase of labor costs. They've found that they'll need to tack on an additional 22%

So now, when it's all said & done, the retailer will now be selling "The Product" for the new price of: 

$51.13 per unit vs. the $25 they used to charge. 

So, the minimum wage has increased two-fold & so will the prices.




 

So...what's the point? 

The two points are these: 

1. Corporate America will weather this storm very nicely while a large majority of small, independent businesses won't (a win for the unholy alliance of Big Biz & Big Gov - and China, et al).   

2. A doubling of the money supply will only greatly benefit the bank$ters & Wall Street. 

And that's the fact of the matter, America. 

If you've already gotten it; or, now you get it. Well Done! Thanks. Now get off your asses & go make a difference! 

For those of you who made it to the end of this & are just still stuck in your own general malaise & dissonance ( or can only do what your phone tells you to) -- bless your hearts!

We're all still pulling for you, though... 






- Marshall B McCart | 31 January '21

Thursday, November 5, 2020

The City of Madison, GA

 The City of Madison, GA 

*this column first appeared in About Covington to Madison Magazine


Hello Everybody. Glad to be with you once again. Last month’s journey through Walton Co. was a fun one and I’m grateful for all of the comments and feedback. This month, we’re turning our gaze east—to Morgan County and the beautiful city of Madison . 


Morgan County was formed in 1807 and was named in honor of Daniel Morgan who served as a General in the Revolutionary War. Similar to other counties in the area, Morgan found itself at the edge of the Indian frontier early in its history and that led to some problems. In 1813, Creek Indians massacred several residents of the county. The state of Georgia would send in infantry to help the frontiersmen and there would be no more attacks by the “hostiles.” The city of Madison would be incorporated as the county seat in 1809 and named in honor of America ’s fourth president, James Madison. The town would grow quickly and had upwards of 13,000 residents within a decade or so. The city was also a stop on the Seven Islands Stage Road—the same road we discussed in our earlier Jasper County column. As I mentioned then, this was known as one of the oldest roads in America and was the main route that linked Charleston all the way to New Orleans . The town also had the good fortune of being located in a very fertile section of the Georgia Piedmont, making it ideal for growing cotton. All of these factors combined to make Madison a successful city that would see growth and prosperity throughout most of its history. 


Every time I drive out to Madison , I am truly amazed at how beautiful of a town it really is. One of my favorite drives is to take Hwy 278 from Covington all the way to Madison . As you enter the historic part of Madison , you’ll run into the main drag—Hwy 441. Swing a left and you will feel as if you’ve stepped back in time with all of the antebellum houses on either side of the road. Turn off on any of the side streets, and you’ll see many more beautiful homes. As you near the square, you’ll notice something a little different. In the middle of the square, there isn’t a courthouse or a park like most southern cites—there’s a U.S. Post Office. Madison sold that land to the Federal Government in 1914 for $5,000. On the southeast corner of the square is where you will find the Morgan County Courthouse. As many of you know who’ve read some of my previous columns—I’m a sucker for Georgia courthouses. And folks, I must say (and with apologies to my hometown of Covington , GA ), I believe that Madison has the best one in Georgia . Built in 1905 with a neoclassic architectural style, it is absolutely wonderful. 


One of the most interesting aspects of Madison ’s history occurred during the Civil War. The fact that Madison was smack dab in the middle of Sherman ’s March to the Sea would make someone wonder about all of the antebellum structures that survived. The key to that would be one man—Joshua Hill. Prior to the War Between the States, Mr. Hill was a lawyer and served as a U.S. Senator. He opposed secession but when the war started up, he resigned and moved back to Madison . While in Washington , Hill had struck up a friendship with William Tecumseh Sherman’s brother, John. As the years went by and the war started to take its final direction, Hill’s son was killed in action in north Georgia in 1864. Hill got in touch with William Sherman so his son’s body could be sent back to Madison for burial. During this time, the two met and discussed many things including a desire to see the war end. It is believed that it was at this meeting where Hill asked Sherman to spare his beautiful hometown. In November of 1864, as Sherman and his forces reached Madison , they proceeded to tear up the railroad tracks and burn the train depot, cotton gins, and a few commercial properties but spared the houses of the town. However, as fate would ironically have it, the plantation house and buildings of Mr. Hill’s estate were burned to the ground. It was thought that this was done as revenge by the Yankee soldiers because they weren’t able to pillage and plunder the city itself. Not too surprising considering how ruthless they were in Georgia . But thanks to Mr. Hill, most of the beautiful city of Madison was spared. 


These days, Madison is a thriving place where you can shop for antiques, eat at any number of great restaurants, and see several beautiful, antebellum homes. In 2001, Travel Holiday magazine named Madison the number-one small town in America . After you see this town, you’ll understand why it has been called “the town too pretty to burn.” 

Wednesday, July 29, 2020

Thoughts on the Republic & the Current State of Things

While it may seem like the "Grand Experiment" has failed here the past year or so, I distinctly disagree.



We should've known we were in trouble a few years back when they made a "hip" musical out of Alexander Hamilton, the worst of the worst of the "framers."

Of course, that musical is now currently starting to get blowback - for all the wrong reasons.

In my opinion, the woke, base mob wants nothing short of total annihilation of all things Columbia, Libertas & the Founding Fathers, and whilst many of us know that Hamilton should be discounted for many other reasons - namely his appreciation & endorsement of the concept of statist corporatism (mercantilism) for starters - some out there can't even begin to wrap their minds around that concept anyway, so it'd be a total waste of time to even try.

Life's too short.

At some point you just have to realize & appreciate that truth & accept the fact that it's not worth your time &/or energy. It does no good with some; however, these people - this vocal minority, as well as their counterparts on the hard right - actually constitute nothing more than just a few percentage points of our country's population.

Why in the hell should we let these people dictate our future?

***** 


A few thoughts from men much smarter than yours truly:

"The U.S. Constitution is the most unique & best contract ever drawn up between a people & their government in history. Though flawed from the beginning, because all men are flawed, it nevertheless has served us well & set an example for the entire world..."

Dr. Ron Paul
OB/GYN, former US Congressman & Presidential Candidate

And a question:

"Can a nation rise above the injustices of its origins and, by its moral purpose & performance, atone for them? All nations are born in war, conquest & crime, usually concealed by the obscurity of a distant past. The United States, from its earliest colonial times, won its title deeds in the full blaze of recorded history, and the stains on them are there for all to see & censure: the dispossession of an indigenous people, and the securing of self-sufficiency through the sweat & pain of an enslaved races. In the judgmental scales of history, such grievous wrongs must be balanced by the erection of a society dedicated to justice & fairness. Has the United States done this? Has it expiated its organic sins?"

Paul Johnson
Famed Historian (not the former techie head coach) & the author of "A History of the American People"

Regarding Dr. Paul's statement - Absolutely.

Regarding Mr. Johnson's question - Yes, in my thorough analysis & estimation, though, naturally, we continue to create that More Perfect Union.

Continuing on this journey, to me, is definitely the way to go, rather than devolving into some marxist anarchy where it's only power for power's sake & the tenants of fair play, plain dealing & an adherence to the Golden Rule are totally discounted.

That's the way I see it.

Very Kindly Yours,

Marshall Benson McCart
North Covington, GA
29 July 2020






Tuesday, April 14, 2020

The Esoteric South - Talkin' Southern

*originally appeared in The Covington News.

Marshall McCart - The Esoteric South 

Talkin' Southern 

Living, working and growing up in the South, I love the sights of our region. The magnolias are distinctive and the weather is always warm keeping things lush and green most of the year.
But there are also the sounds to enjoy, too. And I’m not talking about the cicadas in the summer and the marching bands and referees whistles of fall’s football season. I’m talking about the way us Southerners talk.
Here are a few examples I’ve noticed throughout the years, and I’m sure you can relate to.
Fellow vs. Feller vs. Fella
While these three terms may all seem similar there are very important differences between them to the trained ears of a Southerner.
fellow is a righteous and honorable sort. He is a man that aspires to greatness and a true gentleman who always wants to do things the right way. A fellow pretty much always does the right thing, even when it isn't popular. Fellows are usually very hard workers and always take the high road. They can easily deny their own ego and self-interests and work hard to be the men they're supposed to be.
feller, on the other hand, is the exact opposite of everything I just mentioned. Fellers are a shifty, seedy and shady bunch. Prone to backsliding, they're always looking for the easy way out and in doing as little as possible to maintain. A feller having scruples and honor? Not hardly. Basically fellers are just good ole-fashioned no-accounts. It's all about them; they care nothing of honor or doing the right thing.
fella, the category that this writer — and most of us, I think, for that matter — belongs to, is someone who tries very hard to be a fellow but has the tendency, at times, to be a feller. We can touch greatness and are usually doing things the right way, giving us a shade of being a fellow. However, sometimes we just can’t help ourselves from getting out of our own way, unfortunately finding ourselves as fellers some of the time. Hey, it happens. As Ray Goff would say, we just try to "work hard to get better." Usually we do okay; sometimes it depends on the weather. Or the state of the world, or how much bourbon we've consumed, or how the Georgia Bulldogs are doing in a given season and whether or not we lose to Auburn, Florida or Tech.
Bonus: A felon is a fella or a feller, and sometimes — very rarely — a fellow, who gets caught and convicted by the Law, for a serious example of being a feller.


Monday, April 13, 2020

A Follow Up From MBM Regarding TPC

Hello all.

Well, Saturday evening caught me in a temporary moment of weakness, and I dare say, feeling sorry for myself, and also, drunk, so therefore, legally, not in a lucid state of mind.

A little more background w/ the current situation.

This is not a freedom of speech issue really (although an argument could be made), no this is more a battle with the aforementioned scum suckers, the legal team of Highbee & Associates (or my term of endearment for them - Highbee & Ass.)

They represent a company by the name of Adlife Marketing & Consulting. This company does a few things but mainly what they do is create stock photos for food items that are oftentimes used by grocery store advertisements & newspaper circulars.

In 2011 I did a piece entitled "St. Patrick's Day." Now back then, the internet was a little different. Anyways, I found a photo of a Corned Beef on Google that I used for that piece.


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