Wednesday, May 03, 2006

My Funny Valentine

Studying for Civ Pro II, here's this new Supreme Court gem:

We do not think that a person who actually desired to
inform a real property owner of an impending tax sale of a
house he owns would do nothing when a certified letter
sent to the owner is returned unclaimed. If the Commis-
sioner prepared a stack of letters to mail to delinquent
taxpayers, handed them to the postman, and then watched
as the departing postman accidentally dropped the letters
down a storm drain, one would certainly expect the Com-
missioner’s office to prepare a new stack of letters and
send them again. No one “desirous of actually informing”
the owners would simply shrug his shoulders as the letters
disappeared and say “I tried.” Failure to follow up would
be unreasonable, despite the fact that the letters were
reasonably calculated to reach their intended recipients
when delivered to the postman.

More of that wit in the case, Jones v. Flowers, a helpful recap for anyone going over Mullane. And well done Mr. Chief Justice. Well done indeed.


Anonymous Anonymous said...

Studies show reading Boalt Briefs helps on the Civ Pro II finals!

5/04/2006 1:12 PM  
Blogger Armen said...

Caveat: I know quite a few people have postponed their cp II finals, and since I'm not too eager to hand over points...HUSH!

5/04/2006 3:22 PM  
Anonymous Anonymous said...

Right you are, Armen. No revealing post-mortem commentary for you, postponers! Ha ha!

*Sigh*... cheap thrills.

5/04/2006 5:33 PM  

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