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Reason
Reason
Politics
Eugene Volokh

Nuisance, "Modern Female Artists," Hunting, and Fiber Lines for Internet Access

In Bingham v. Kentucky Foundation for Women, Inc., decided Mar. 6 by Judge Charles Simpson (W.D. Ky.), writer Sallie Bingham owned a good deal of land, some of which she donated (to oversimplify) to the Foundation:

Historically, the Foundation has used the Real Property for women artists' retreats and residencies. However, according to the Foundation, Hopscotch House [the 5-bedroom residence on the property] has become outdated and artists' interest in staying there has dropped precipitously. Thus, it "proposed a renovation and addition to Hopscotch House to reinvigorate interest among female Kentucky artists in Hopscotch House, bringing it into the modern era and making it more attractive to, and safer for, modern female artists." The Foundation alleges that it "asked Bingham if she would be willing to donate funds for the project …." and "Bingham initially agreed." But later, Bingham "withdrew her funding."

There's a lot going on in the case (including claims for slander of title, defamation, and more), but here's an excerpt that struck me as unusual; note that it appears that the Foundation's property is surrounded by Bingham's land:

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