Icenia V. Figasaur

                                                             Icenia V. Figasaur
                                             Argued August 16-18, 2019; Decided August 18, 2019

The facts of the case are as follows: on or around August 16, Figasaur (hereby referred to as “Fig”) conceived and constructed a Chick-Fil-A franchise in Icenia. The franchise sits adjacent to the Icenian Government’s sky bunker and extends out over a public road, touching a private home. ------------------------------------------------------------------------------------------------------------------------------------------
SoundTech has brought the following charges against Fig relating to the construction of the Chick-Fil-A Franchise:

1) Violation of VI.L.2: Buildings within Icenia shall not be constructed in such a way that obstructs a public roadway, railway, or other public transit route.
2) Violation of VI.L.3: Buildings within Icenia shall not be built in such a way that would infringe upon the property of another individual.
3) Violation of VI.B.4: The taking of personal property, without the explicit consent of its rightful owner, is outlawed in the Republic of Icenia. ------------------------------------------------------------------------------------------------------------------------------------------
CHARGE 1: ​OBSTRUCTION OF PUBLIC TRANSIT ROUTE

The Constitution explicitly prohibits construction that obstructs a public transit route (roadway, railway, etc.). SoundTech has submitted screenshot evidence of the Chick-Fil-A extending out over the road to its south, rendering the road it was built over impassable. Fig and has not answered to this charge in their defense. Based on my own attempt to travel on the road that the Chick-Fil-A cuts through, as well as the clear screenshot evidence, the Chick-Fil-A obstructs a public roadway. ------------------------------------------------------------------------------------------------------------------------------------------ CHARGE 2​: INFRINGING ON THE PRIVATE PROPERTY OF AN INDIVIDUAL

SoundTech alleges that the Chick-Fil-A touching two properties constitutes an infringement on the property of the two buildings’ owners. Fig disputes this allegation in ​13 Reasons Why
​ (11), citing that many buildings in Icenia in fact touch, and that a decision that equates properties directly touching one another with infringing on property might prompt the filing of “hundreds of flippant court cases”.

When considering infringement on private property, the harm test should be employed: does the action of the accused party harm the other party? In this case, it does not appear that the Chick-Fil-A simply touching other private builds would harm the property owners.


------------------------------------------------------------------------------------------------------------------------------------------CHARGE 3:​ THE TAKING OF PERSONAL PROPERTY

SoundTech alleges that in constructing the Chick-Fil-A franchise and decorative wall over the trench adjacent to the sky bunker, that Fig has taken property from the government. Fig refutes these claims in ​13 Reasons Why (1-3,12)
​ , arguing that the government did not make known the fact that a trench existed adjacent to the sky bunker, and that no reasonable person could expect a trench to exist there when considering whether or not to build on the area the Chick-Fil-A and decorative wall sit on.

The court agrees with Fig in that the area surrounding the sky bunker was poorly marked, and the existence of the trench adjacent to the sky bunker not widely known. While the Chick-Fil-A and wall verifiably extend over these trenches, this cannot be construed as an intentional taking of property as the area was poorly marked. ------------------------------------------------------------------------------------------------------------------------------------------THE DECISIONS OF THE COURT

On (1), obstructing a public transit route, the court finds Fig guilty. The Chick-Fil-A franchise clearly blocks road access to travellers. The road blocked by the Chick-Fil-A existed before its construction, and should remain free of any obstructions.

On (2), Infringing the private property of an individual, the court finds Fig not guilty. The mere touching of builds is not enough to constitute infringement. Additionally, the touching in question would never have occurred if the franchise did not obstruct a public transit route.

On (3), the taking of property, the court finds Fig guilty. While the government did a poor job at marking out the area on which building was prohibited, the construction of the Chick-Fil-A over the sky bunker trench limits the potential for expansion within the government’s claims (ie. expansion of the obsidian bathtub, fortifying other defensive structures, etc.)

The court has a number of orders relating to this case. No one will be pearled, no one will be exiled, and no one will face “hard labor” as a result of these verdicts.
1) The Chick-Fil-A franchise is to be moved such that it no longer blocks roadway access. This will be done within two days. If the Chick-Fil-A still obstructs a public roadway as of August 20, 2019 at 11:59 PM EST, the portion that blocks the road may be immediately demolished.

2) The Chick-Fil-A franchise is to be moved such that it no longer overhangs the sky bunker trench. It may extend up to the X -1587 boundary, touching the outer block of the trench, but no further. This will be done within two days. If the Chick-Fil-A still overhangs the trench as of August 20, 2019 at 11:59 PM EST, the portion that overhangs the trench may be immediately demolished.

3) The wall adjacent to the sky bunker, constructed by Fig, will be demolished within one week of the posting of this decision.

4) Minister of Defense SoundTech will explicitly demarcate the land covered by the sky bunker in game. This may be done in the form of signs, a temporary wall, etc. in order to deter future incidents like this.

5) Minister of Defense SoundTech, or a party appointed by him, will submit to the court a plan to beautify the sky bunker. This plan might include rings, walls to block views of the sky bunker from street level, or other implements.

6) Fig and SoundTech will eat waffle fries together as a public show of unity and cooperation. A screenshot will be posted to the Icenia discord.

The litigation of this case is unfortunate. The court attempted to reach a decision that is equitable to all parties involved. The government has a right to build defensive infrastructure (and mark it properly) just as Fig has a right to provide chicken and french fries to Icenians six days a week.

/Enforcer15, Judge/