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read the case and answer the questions: Thanks This question consists of a fact pattern with three sub-questions on three pages including this page. This
read the case and answer the questions: Thanks This question consists of a fact pattern with three sub-questions on three pages including this page. This question takes place in the fictional municipality of Bon, which is in the fictional state of Noor, a U.S. state that has some combination of the common law and statutory rules and variants that we have studied. The statute of limitations for trespass in Noor is 10 years. The Noor Constitution contains a due process and equal protection article identical in relevant respects to that of the U.S. Constitution. In 2010 in the fictional U.S. state of Noor, in a city called Bon, a close-knit, diverse group of friends met to celebrate one group member's birthday. As they caught up on their news, the conversation turned to the challenges they were facing in affording homes. They also discussed. experiencing feelings of disconnection and isolation as young professionals. From this conversation emerged the idea that they should build a community of tiny homes together, with the core values of simple, ecofriendly living in nature and formation of a thriving, robust community. They easily recruit more likeminded individuals to the project and finally, as thirty individuals incorporate as Willow Community. Willow Community purchases a tract of 45 acres of rural land outside the city limits from Dave, and the deed from Dave to Willow Community is properly recorded. They then divide the northern portion of the parcel into 30 lots of approximately one acre each. On the southern portion of the parcel they set aside two acres for the construction of Willow Community Center and plan to leave the remaining thirteen acres undeveloped so that residents can enjoy time in nature. In 2011, Willow Community then grants 30 deeds transferring the lots to the individual members. Each deed provides in part as follows: Willow Community transfers [specific lot] to [specific owner]. [Owner] covenants to use the land consistently with the principles of simple, ecofriendly living in nature and cultivation of a thriving, robust community, including by constructing no more than one tiny home on the property, conserving energy in [Owner's] home, and spending at least three hours per week in community activities with the Willow Community. [Owner] also covenants to pay monthly dues to the Willow Community Owners Association. All of the above covenants run with the land. If these covenants are ever violated, ownership of [specific lot] will revert to the other owners of land in Willow Community. The Willow Community Owners Association has the authority to implement and enforce these covenants. All of the deeds are properly recorded except for the deeds to two lots, one owned by Amelia and the other by Amelia's neighbor, Max. Amelia is a nature-loving accountant who was drawn to Willow Community by its values of simple living in nature. After just a few months of living in Willow Community, however, she is finding it difficult to enjoy the community-living aspect. She doesn't want to spend three hours a week with the others in Willow Community and doesn't really get along with many of the other Willow Community members. She also finds out that there are some group tensions and factions forming. She decides it's not the right fit for her and puts her property on the market. A mutual friend Carl connects Amelia with Cecilia. He tells Amelia that Cecilia is an eco-living enthusiast and blogger who has been looking for a good tiny house property. Cecilia comes to view the property and tells Amelia that all she really wants is to live simply in nature and to have peace and privacy. She asks Amelia about how it is living in Willow Community. Amelia responds that "it's a really lovely community, and anyone who enjoys living an eco-friendly tiny-house lifestyle in nature would enjoy living here." Cecilia purchases the property in 2019. After purchasing the property, Cecilia's neighbors inform her that she has to start coming to some of the Willow Community events to ensure that she is spending a minimum of three hours with the community per week. When Cecilia says she's shocked that they would make such demands of her time, they inform her that it is in fact a covenant in all of the deeds and part of the initial vision of Willow Community. Cecilia then starts to hear more about some of the tensions within the community. She refuses to attend the Willow Community events. After three months of Cecilia's refusal to attend the events and after some residents of Willow Community discover Cecilia's blog posts criticizing Willow Community and saying that she does not and will not participate in community events, the other residents grow increasingly concerned that one of the foundational principles of the community will be harmed even more if they don't act. The Willow Community Association sues to (1) enjoin Cecilia to put in the minimum time required for Willow Community events; (2) recover damages for breaking the time covenant; and (3) claim ownership of the land. Cecilia sues Amelia for failing to tell her about the Willow Community time covenant and for the way Amelia responded to her question about Willow Community. Hank is an activist who works at Justum, a nonprofit. Hank has some friends who live in Willow Community and he gets the idea to build a tiny home community to provide housing and a path to home ownership for individuals who are experiencing homelessness or are at risk of homelessness in the greater Bon area. Homelessness and housing insecurity are increasing at alarming levels in the greater Bon area. Justum agrees to sponsor this project and finds and purchases a parcel of twenty-five acres suitable for this purpose in Filox, a suburb of Bon. The property currently is zoned multi-family residential (which is cumulative and thus permits single-family use as well) and there are no restrictions on tiny homes in this zone. This parcel is one of only two properties in Filox that are zoned for multi-family residential. The only other parcel in this zone currently contains a luxury apartment complex. Justum hires a developer, architects, and contractor. They develop a community plan and apply for a permit. Under the plan, each home will have its own extensive yard and there will be two parks in the community. They begin the preparatory work for the community by purchasing two tiny homes (one to serve as an on-site project office and another as a model home) and by ordering some of the necessary construction equipment and materials. Justum spends approximately $175,000 in securing the contracts and beginning the development work. The residents of Filox learn about Justum's plan to develop the land into a tiny home community for people who are experiencing homelessness or housing insecurity. According to the preliminary plan of Justum, the development would provide housing for around 30 individuals 20 families. Many residents of Filox begin contacting town officials, demanding that they act to prevent the development. At two separate, heated town hall meetings, many residents expressed strong opposition to the new development. Some expressed their concern that the presence of tiny homes Page 15 of 16 will have an adverse effect on the value of neighboring properties and urge the town council to prohibit tiny homes altogether. Many residents raise concerns about the impact on municipal services and on tax revenues. Still others bemoan the increased traffic that a new development would bring. The town council of Filox votes to re-zone the land for single-family residential use, under which tiny homes are not permitted and whose requirementsincluding lot sizes over one acre and substantial home sizesare financially prohibitive for a nonprofit seeking to provide affordable housing. The town council cites concerns about traffic, provision of municipal services, and tax revenue. Justum sues the town of Filox claiming that Filox's actions (1) violate their vested right and (2) constitute exclusionary zoning in violation of substantive due process and equal protection of the law under Noor's state constitution. Justum is gathering additional information and evidence to determine whether they might have a claim under the federal Fair Housing Act and the more expansive Fair Housing Act of Noor, but you are not being asked to evaluate these claims here. Please evaluate potential arguments for and against the following three claims. Note that some claims may involve more than one property law doctrine: 1. Willow Community's claims against Cecilia. 2. Cecilia's claims against Amelia. 3. Justum's claims against Filox. Note: For claim (2) of this question, on exclusionary zoning, assume that the Noor Supreme Court has never before ruled on the issue of exclusionary zoning under the Noor constitution. In addition to the legal analysis, provide policy arguments on the issue of exclusionary zoning
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