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THE 2019 NAB AFL Rising Star winner will be revealed at around 2.30pm-3pm AEST on Friday.
The event is on at the Victoria Pavilion in the Melbourne Showgrounds. The venue was changed at the last minute after engineers discovered the dock at Central Pier had rapidly deteriorated and was considered no longer safe.
WHO WINS THE RISING STAR? Our reporters name their top five
Carlton's Sam Walsh is the overwhelming favourite to take home the Ron Evans Medal, however, it has been an outstanding year for the AFL's youngest stars with Port Adelaide pair Connor Rozee and Xavier Duursma, Richmond's Sydney Stack, Geelong's Gryan Miers, Sydney's Nick Blakey, plus several others, all making their mark in 2019.
Reporter Ben Collins looks at the nominees.
Round one: Bailey Scott (North Melbourne)
In the Kangaroos' 82-point hammering from Fremantle at Optus Stadium, the father-son debutant was the only real positive with 21 possessions at 90.5 per cent efficiency and drifting forward to kick two of their nine goals.
Round two: Charlie Constable (Geelong)
The big midfielder starred in the 80-point drubbing of Melbourne at GMHBA Stadium. In just 69 per cent game time he amassed 31 possessions (behind only Cats superstar Patrick Dangerfield's 37) and nailing a long set shot.
Singing in the rain! #AFLCatsDees pic.twitter.com/gz6RzfzIon— AFL (@AFL) March 30, 2019
Round three: Connor Rozee (Port Adelaide)
The brilliant forward became the youngest Power player to kick five goals in a game while also having 21 possessions (11 contested) and 13 score involvements in a losing team against Brisbane at the Gabba.
Round four: Sam Walsh (Carlton)
In a last-gasp defeat to eventual wooden spooner Gold Coast at Metricon Stadium, Walsh was his then-winless team's best player with 28 possessions (13 contested), seven clearances, six tackles, a game-high seven score involvements and a goal.
Round five: Jack Petruccelle (West Coast)
The eight-game speedster was the Eagles' only real avenue to goal in a shock 42-point loss to Port Adelaide at home, bagging five of their eight goals in the wet in a brilliant 18-possession effort.
FINALS FIXTURE REVEALED Who plays who in week one
Round six: Xavier Duursma (Port Adelaide)
In a 16-point win over North Melbourne at Adelaide Oval, the superbly skilled Power runner snared a career-high 24 possessions (including 12 contested) and a goal, after which he unleashed what is now his trademark bow-and-arrow goal celebration.
Round seven: Cameron Zurhaar (North Melbourne)
The bull-at-a-gate forward tallied a game-high 5.2 – the two behinds being posters – to form a powerful combination with spearhead Ben Brown (four) in a 58-point win over Carlton at Marvel Stadium.
Round eight: Gryan Miers (Geelong)
The dreadlocked small forward enjoyed his third 20-plus-disposal game in succession, winning 22 possessions, kicking 1.3 and having seven score involvements to be a key part of a 24-point win over North Melbourne at Marvel Stadium.
Gryan Miers; front and centre!#AFLTigersCats pic.twitter.com/QhfUYfdfcy— AFL (@AFL) June 7, 2019
Round nine: Bailey Smith (Western Bulldogs)
The Bulldogs' top draftee was one of his team's best players in a 44-point loss to Geelong at GMHBA Stadium with 28 possessions (the third-most afield), including 10 contested possessions, along with five clearances (including three from centre bounces).
MISSED THE FINALS? Your club's first off-season priority
Round 10: Liam Baker (Richmond)
The little man revelled in the wet in a victory over Essendon at the MCG, gathering career-high tallies of possessions (24), contested possessions (12) and tackles (nine – which was also a game-high effort), and he also kicked a goal.
Find Road to the Draft on Apple Podcasts, Google Podcasts and Spotify.
Round 11: Sydney Stack (Richmond)
The first-year sensation was among the Tigers' few shining lights in a 37-point loss to North Melbourne at Marvel Stadium with 24 possessions – the second-most for Richmond – including 11 contested possessions, along with four tackles.
Round 12: Tarryn Thomas (North Melbourne)
The classy Tasmanian playmaker kicked two smart first-quarter goals to help set up a 27-point win over Gold Coast at Metricon Stadium. He finished with 12 possessions (10 contested).
Round 13: Dylan Clarke (Essendon)
A week after nullifying Carlton superstar Patrick Cripps, the disciplined Don kept Hawthorn star Jaeger O'Meara to 24 touches and five clearances while having 23 possessions (12 contested) and five clearances himself to help the Bombers to victory.
Round 14: Nick Blakey (Sydney)
The key forward prospect had been quiet to three-quarter time against Hawthorn at the SCG but kicked two important goals, the first after taking a screamer and the second to ice the game.
Round 15: Jordan Clark (Geelong)
The flexible runner was one of the best players afield in the Cats' 27-point win over Adelaide at GMHBA Stadium with a personal-best 23 possessions (eight contested) and a goal in an eye-catching effort on the wing.
Round 16: Nick Larkey (North Melbourne)
The third-year key forward was instrumental in a 39-point win over St Kilda at Blundstone Arena, booting a career-high five goals, including three goals in just nine minutes either side of quarter-time.
A career-best five goals for Nick Larkey! #AFLNorthSaints pic.twitter.com/6KDVMwfaQo— AFL (@AFL) July 7, 2019
Round 17: Shai Bolton (Richmond)
The speedster's transformation from a forward into a midfielder was on full display in a 27-point win over Greater Western Sydney on a wet MCG when he accumulated 29 disposals, four clearances and a goal.
Round 18: Mitchell Lewis (Hawthorn)
For the second successive week, the promising key forward kicked three of the Hawks' 12 goals and had a huge impact with his contested marking and general presence, this time against League leader Geelong at the MCG.
Round 19: Ben King (Gold Coast)
The 202cm forward showcased his enormous potential in the shattering last-minute loss to Essendon at Metricon Stadium, marking strongly and bagging a game-high four goals, including three in the last quarter.
If they call Max King 'Winx', Ben King must be Makybe Diva!— AFL (@AFL) August 4, 2019
How's the pace on the big man?#AFLPiesSuns pic.twitter.com/kDWnh302Gn
Round 20: Noah Answerth (Brisbane)
In the Lions' home victory over the Western Bulldogs, the hard-working defender locked down on an opponent while collecting 18 possessions (eight contested), seven of which came from interceptions, along with six marks (one contested), three clearances and three score involvements.
Round 21: Oscar Allen (West Coast)
The blond Eagle showcased his extraordinary versatility and athleticism when he slotted an equal team-high three goals – also an equal career-high haul – in an important 10-point win over Adelaide at Optus Stadium. Also laid six tackles, had five hitouts and set up another goal.
Round 22: Josh Battle (St Kilda)
The third-year Saints swingman once again showed the benefits of his transformation from attack to defence, gathering 16 possessions (seven contested), four marks (one contested) and a career-high 11 one-percenters in a loss to Carlton at the MCG.
Round 23: Brent Daniels (Greater Western Sydney)
The Giants little man joined the party in a big win over bottom side Gold Coast at Metricon Stadium on Saturday, racking up 19 possessions, five inside 50s and seven score involvements, including two goals assists.


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Our Latest News
Getting ready for LSC 2020: Bigger and Cleaner
Installation of a new Clean Tent at Hall A During December we have completed a new 70 m² platform and a new clean tent to host the NEXT experiment.
APPEC on Neutrinoless Double Beta Decay
APPEC Community Meeting on Neutrinoless Double Beta Decay This meeting took place on 31 October 2019 at the Hallam Conference Centre, London, UK. The recommendations include the list with the most prominent future projects with a strong European component: CUPID, LEGEND-1000 and NEXT-HD. We are in business at the LSC!
2nd Edition of DULIA-bio
The 2nd edition of DULIA-bio at LNGS The 2nd edition of DULIA-bio happens at the Laboratori Nazionali del Gran Sasso of INFN, Assergi, L'Aquila, Italy, on Nov 4-5, 2019 and is organized in collaboration with the Istituto Superiore di Sanità, Rome, and with the Laboratorio Subterraneo de Canfranc, Spain. The aim of the Workshop is to establish a common path for European/International underground laboratories in deep life studies and its application to astrobiology, biophysics, human health and radiation protection.
Neutrons under control
Neutrons under control at LSC CLYC scintillating crystals installation and He-3 thermal neutron monitor (Cano et al, CIEMAT) and HENSA setup (Tarifeño, Tain, Fraile et al, UPC-IFIC-UCM) to measure [...]
Collaboration Agreement between ENUSA & LSC
Signature of a Technological Agreement between ENUSA and the LSC We unite the procurement of added value products through the treatment of industrial nuclear residues with the cutting-edge research [...]

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Riyadh, The United Nations Educational, Scientific and Cultural Organization (UNESCO) has registered the Saudi Heritage Preservation Society (SHPS) "We are our Heritage" as an international non-governmental organization on heritage. The SHPS becomes the 2nd Saudi non-governmental organization registered in the UNESCO and the 1st GCC and Arab organization in the field of heritage.
The SHPS seeks to cooperate with the international organizations on designing and launching joint programs in the fields of culture and heritage.
The society seeks to be an effective and influential player in the preservation of the Saudi heritage and awareness of its importance and national value in accordance with the Kingdom Vision 2030.
The UNESCO accreditation is an important step that enhances the role of the society in achieving effective participation in the strategic partnerships with the international organizations.
In a press statement, Prince Bader bin Abdullah bin Farahan, Minister of Culture, who is also chairman of the SHPS board of directors, said that the heritage sector in the Kingdom gains a great support from the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud and His Royal Highness Prince Mohammed bin Salman bin Abdulaziz, the Crown Prince, Vice President of the Council of Ministers, Minister of Defense.
Prince Bader affirmed that this step is important to preserve the Kingdom's heritage.
Source: Saudi Press Agency


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English conversation group
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CAFACTS: Manotok Bros. (Petitioner) owned a parcel of land and building which wereformerly leased by City of Manila and used by Claro M. Recto High chool. Bymeans of a letter! Manotok authori"ed al#ador aligumba(respondent) tonegotiate with the City of Manila for the sale of the property for not less than$%&' with &( commission in the e#ent that the sale is consummated. )his authority was e*tended for +%, days and another +%, days. -notherletter signed by the President of the Corp. authori"ed respondent to .nali"eand consummate the sale for not less than $+,' and e*tended the authorityfor another +/, days. )he City of Manila passed an ordinance appropriatingfor the payment of the $+,' before the e*piration of the authority of therespondent. Howe#er! the City Mayor signed it after 0 days of e*piration ofthe authority. )he sale was consummated but respondent ne#er recei#ed anycommission. )his was because the petitioner refused to pay him as they didnot recogni"e the respondent1s role as agent in the transaction. Respondent.led a case against the petitioner for the negotiation. 2n answer! petitionerinsisted that the respondent is not entitled because3 (+) the sale was notconsummated within the period of his authority4 and (%) the P)- presidentwas the one responsible for the negotiation. R)C3 ordered Manotok to payrespondent the commission fees with legal interest from the date of .ling ofcomplaint. C-3 a5rmed R)C decision.HELD:C3 a5rmed R)C 6 C- decision.+. )hough the sale was consummated upon e*piration of his authority! he isstill entitled to commission. 7t is within the e*ception as in the case of Prats #.C-!8 petitioner had diligently taken steps to bring back 9oronilla and the .:** Prats1 e;orts somehow instrumental in bringing them together ***although the .nali"ation was after the e*piration of Prats1 e*tended authority<7n the case of Prats! agent was not e#en the e5cient procuring causebringing about the sale! unlike in the case at bar! it was still held therein thatthe agent was entitled to compensation. 7n the case at bar! respondent is the e5cient procuring cause for without hise;orts! the municipality would not ha#e anything to pass and the Mayorwould not ha#e anything to appro#e.%. =hen there is a close pro*imate and causal connection between theagent1s e;orts and labor an the principal1s sale of his property! the agent isentitled to acommission.0. =hile it may be true that the P)- president followed>up the matter with theauthor of the ordinance and Mayor ?illegas! his inter#ention regarding thepurchase came only after the ordinance had already been passed. =ithout the e;orts of the respondent then! the Mayor would ha#e hadnothing to appro#eDOMINGO vs. DOMINGO@R Ao. B>0,&C0 D 2ct. %E! +EC+D Makasiar DPetition for Re#iew of C-9ecision+ Petitioners3 ?icente 9omingo represented byhis heirsRespondents3 @regorio 9omingo F?icente9omingoGs agent 6 brokerH7nter#enor3 )eo.lo Purisima F@regorio9omingoGs sub>agentHIuick ummary3Facts: @regorio 9omingo! ?icente 9omingoGs broker and agent! recei#ed P+!,,,from 2scar de Beon as gift or propina. 2scar ga#e him said amount after@regorio succeeded in persuading ?icente to accept his o;er to buy the lotfor P+.%,instead of P%.Held:-n agent who takes a secret pro.t in the nature of a bonus! gratuity orpersonal bene.t from the #endee! without re#ealing the same to his principal!the #endor! is guilty of a breach of his loyalty to the principal and forfeits hisright to collect the commission from his principal! e#en if the principal doesnot su;er any inJury by reason of such breach of .delity! or that he obtainedbetter results or that the agency is a gratuitous one! or that usage or customallows it. )he fact that the principal may ha#e been bene.ted by the#aluable ser#ices of the said agent does not e*culpate the agent who hasonly himself to blame for such a result by reason of his treachery or per.dy.-s a necessary conseKuence of such breach of trust! @regorio 9omingo mustforfeit his right to the commission and must return the part of the commissionhe recei#ed from his principal.Facts: ?icente 9omingo granted to @regorio 9omingo! a real estate broker!the e*clusi#e agency to sell his Bot Ao. //0!Piedad Lstate in adocument. aid lot has an area of //!$CC sK. m. -ccording to thedocument! said lot must be sold for P% per sK. m. @regorio is entitled to&( commission on the total price if the property is sold3 by ?icente orby anyone else during the 0,>day duration of the agency or by?icente within 0 months from the termination of the agency to apurchaser to whom it was submitted by @regorio during the e;ecti#ityof the agency with notice to ?icente. )his contract is in triplicate withthe original and another copy being retained by @regorio. )he last copy was gi#en to ?icente. ubseKuently! @regorioauthori"ed )eo.lo Purisima to look for a buyer without notifying?icente. @regorio promised )eo.loM of the &( commission. )eo.lointroduced 2scar de Beon to @regorio as a prospecti#e buyer. 2scarsubmitted a written o;er which was #ery much lower than the P% persK. m. price. ?icente directed @regorio to tell 2scar to raise his o;er.-fter se#eral conferences between @regorio and 2scar! 2scar raisedhis o;er toP+.%, per sK. m. or P+,E!,,, in total. ?icente agreed tosaid o;er. Npon ?icenteGs demand! 2scar issued a P+!,,, check tohim as earnest money. ?icente! then! ad#anced P0,, to @regorio. ubseKuently! ?icente asked for an additional P+!,,, as earnestmoney! which 2scar promised to deli#er to ?icente.)he writtenagreement! L*hibit C! between the parties was amended. 2scar will#acate on or about eptember +&! +E&O his house and lot at 9en#ert.! IC! which is part of the purchase price Bater on! it was againamended to state that 2scar will #acate his house and lot on 9ec.+!+E&O because his wife was pregnant at that time. 2scar ga#e @regorioP+!,,, as a gift or propina for succeeding in persuading ?icente to sellhis lot at P+.%, per sK. m .gregorio did not disclose said gift orpropinato ?icente. Moreo#er! 2scar did not pay ?icente theadditional P+!,,, ?icente asked from him as earnest money. )he deed of sale was not e*ecuted since 2scar ga#e up on thenegotiation when he did not recei#e his money from his brother in theN! which he communicated to @regorio. @regorio did not see 2scarfor se#eral weeks thus sensing that something .shy might be going on.o! he went to ?icenteGs house where he read a portion of theagreement to the e;ect that ?icente was still willing to pay him &(commission! P&!$&,. )hereafter! @regorio went to the Register of9eeds of IC! where he disco#ered that a 9eed of sale wase*ecuted by -mparo de Beon! 2scarGs wife! o#er their house and lot infa#or of ?icente. -fter disco#ering that ?icente sold his lot to 2scarGswife! @regorio demanded in writing the payment of his commission. @regorio also conferred with 2scar. 2scar told him that ?icente went tohim and asked him to eliminate @regorio in the transaction andthat he would sell his property to him for P+,$!,,,. 7n his reply!?icente stated that @regorio is not entitled to the &(commissionbecause he sold the property not to @regorioPs buyer! 2scar de Beon!butto another buyer! -mparo 9ia"! wife of 2scar de Beon. C-3 e*clusi#e agency contract is genuine. )he sale of the lot to -mparode Beon is practically a sale to 2scar.Issue: =2A @regorioGs act of accepting the gift or propina from 2scarconstitutes a fraud which would cause the forfeiture of his &( commissionFHELD: ES@regorio 9omingo as the broker! recei#ed a gift or propina from theprospecti#e buyer 2scar de Beon! without the knowledge and consent of hisprincipal! ?icente 9omingo.His acceptance of said substantial monetary gift corrupted his duty to ser#ethe interests only of his principal and undermined his loyalty to his principal! who ga#e him partial ad#ance of P0,,, on his commission. -s aconseKuence! instead of e*erting his best to persuade his prospecti#e buyerto purchase the property on the most ad#antageous terms desired by hisprincipal! @regorio 9omingo! succeeded in persuading his principal toaccept the counter>o;er of the prospecti#e buyer to purchase the property atP+.%, per sK. m. )he duties and liabilities of a broker to his employer areessentially those which an agent owes to his principal. -n agent who takes a secret pro.t in the nature of a bonus! gratuity orpersonal bene.t from the #endee! without re#ealing the same to hisprincipal! the #endor! is guilty of a breach of his loyalty to the principal andforfeits his right to collect the commission from his principal! e#en if theprincipal does not su;er any inJury by reason of such breach of .delity! orthat he obtained better results or that the agency is a gratuitous one! or thatusage or custom allows it.!at"onale: pre#ent the possibility of any wrong not to remedy or repair anactual damage agent thereby assumes a position wholly inconsistent withthat of being an agent for his principal! who has a right to treat him! insofaras his commission is concerned! as if no agency had e*isted. )he fact that theprincipal may ha#e been bene.ted by the #aluable ser#ices of the said agentdoes not e*culpate the agent who has only himself to blame for such aresult by reason of his treachery or per.dy. -s a necessary conseKuence ofsuch breach of trust! @regorio 9omingo must forfeit his right to thecommission and must return the part of the commission he recei#ed from hisprincipal.9ecisi#e Pro#isions -rticle +/E+ and +E,E CC)he modi.cation contained in the .rst paragraph -rticle +/E+ consists inchanging the phrase Qto payQ to Qto deli#erQ! which latter term is morecomprehensi#e than the former. Paragraph % of -rticle +/E+is a new additiondesigned to stress the highest loyalty that is reKuired to an agent incondemning as #oid any stipulation e*empting the agent from the dutyand liability imposed on him in paragraph one thereof. -rticle +E,E demand the utmost good faith! .delity! honesty! candor andfairness on the part of the agent! the real estate broker in this case! to hisprincipal! the #endor. )he law imposes upon the agent the absoluteobligation to make a full disclosure or complete account to his principalof all his transactions and other material facts rele#ant to the agency! somuch so that the law as amended does not countenance any stipulatione*empting the agent from such an obligation and considers such ane*emption as #oid. )he duty of an agent is likened to that of a trustee. )his isnot a technical or arbitrary rule but a rule founded on the highest and truestprinciple of morality as well as of the strictest Justice.ituations where the duty mandated by -rt +/E+ does not apply agent orbroker acted only as a middleman with the task of merely bringing togetherthe #endor and #endee! who L#ery agent is bound to render an account of his transactions and todeli#er to the principal whate#er he may ha#e recei#ed by #irtue of theagency! e#en though it may not be owing to the principal. L#ery stipulatione*empting the agent from the obligation to render an account shall be #oid.)he agent is responsible not only for fraud! but also for negligence! whichshall be Judged with more or less rigor by the courts! according to whetherthe agency was or was not for a compensation. themsel#es thereafter willnegotiate on the terms and conditions of the transaction agent or broker hadinformed the principal of the gift or bonus or pro.t he recei#ed from thepurchaser and his principal did not obJect)eo.lo PurisimaGs entitlement to his share in the &( commission )eo.lo canonly reco#er from @regorio his M share of whate#er amounts @regorio9omingo recei#ed by #irtue of the transaction as his sub>agency contract waswith @regorio 9omingo alone and not with ?icente 9omingo! who was note#en aware of such sub>agency. ince @regorio already recei#ed a total ofP+!0,, from 2scar and ?icente!PO&, of which should be paid by @regorio to)eo.lo. 9ispositi#e3 C- decision re#ersedANTONIO B. BALTA#A! v. HONO!ABLE OMB$DSMAN% E$LOGIO M.MA!IANO% &OSED. &IMENE#% &!.%TO!IBIO E. ILAO% &!. and E!NESTO !.SALENGA '()SC!A *+ Dece,-er .% /)). 0Ho1 su-2ect ,atterornature o3 t4e act"on deter,"ned5 FACTS: Paciencia Regala owns a se#en (C)>hectare .shpond located at asmuan!Pampanga.Her -ttorney>in>Ract Raustino R. Mercado leased the .shpond toLduardo Bapid for a three (0)>year period. Bessee Lduardo Bapid in turn sub>leased the .shpond to Rafael Bope" during the last se#en (C) months of theoriginal lease. Lrnesto alenga was hired by Lduardo Bapid as .shpondwatchman (bante>encargado). 7n the sub>lease! Rafael Bope" rehiredrespondent alenga. Lrnesto alenga alenga! sent the demand letter toRafael Bope" and Bourdes Bapid for unpaid salaries and non>payment of the+,( share in the har#est. alenga was prompted to .le a Complaint before the Pro#incial -grarianReform -dJudication Board (P-R-B)! Region 777!an Rernando! Pampangadocketed as 9-R-B Case Ao. &&%>PGE0 entitled Lrnesto R. alenga #. Rafael B.Bope" and Bourdes B. Bapid for Maintenance of Peaceful Possession! Collectionof um of Money and uper#ision of Har#est. Pending resolution of theagrarian case! the instant case was instituted by petitioner -ntonio Balta"ar!an alleged nephew of Raustino Mercado! through a Complaint>-5da#itagainst pri#ate respondents before the 25ce of the 2mbudsman which wasdocketed as 2MB>+>E$>0$%& entitled -ntonio B. Balta"ar #. Lulogio Mariano!Sose Simene"! Sr.!)oribio 7lao! Sr. and Lrnesto alenga for #iolation of R- 0,+E.Petitioner maintains that respondent 7lao! Sr. had no Jurisdiction to hear andact on 9-R-B Case Ao. &&%>PGE0 .led by respondent alenga as there was notenancy relation between respondent alenga and Rafael B. Bope"! and thus!the complaint was dismissible on itsface.ISS$E3=2A the petitioner has legal standing to pursue the instant petitionT=2A the 2mbudsman likewise erred in re#ersing his own resolution where itwas resol#ed that accused as Pro#incial -grarian -dJudicator has noJurisdiction o#er a complaint where there e*ist no tenancy relationshipTHELD3 )he Qreal>party>in interestQ is Qthe party who stands to be bene.ted orinJured by the Judgment in the suit or the party entitled to the a#ails of thesuit. )he Complaint>-5da#it .led before the 25ce of the 2mbudsman! thereis no Kuestion on his authority and legal standing. )he 2mbudsman can acton anonymous complaints and motu proprio inKuire into alleged impropero5cial acts or omissions from whate#er source! e.g.! a newspaper. RaustinoMercado! is an agent himself and as such cannot further delegate his agencyto another. -n agent cannot delegate to another the same agency. Re>delegation ofthe agency would be detrimental to the principal as the second agent has nopri#ity of contract with the former. 7n the instant case! petitioner has nopri#ity of contract with Paciencia Regala! owner of the .shpond and principalof Raustino Mercado. )he facts clearly show that it was not the 2mbudsmanthrough the 2P who allowed respondent 7lao! Sr. to submit his Counter>-5da#it. 7t was the andiganbayan who granted the prayed for re>in#estigation and ordered the 2P to conduct the re>in#estigation . )he 2P simply followed the graft courtGs directi#e to conduct the re>in#estigation after the Counter>-5da#it of respondent 7lao! Sr. was .led.7ndeed! petitioner did not contest nor Kuestion the -ugust %E!+EEC 2rder ofthe graft court. Moreo#er! petitioner did not .le any reply>a5da#it in the re>in#estigation despite notice.)he nature of the case is determined by the settled rule that Jurisdiction o#erthe subJect matter is determined by the allegations of the complaint. )henature of an action is determined by the material a#erments in the complaintand the character of the relief sought not by the defenses asserted in theanswer or motion to dismiss. Respondent alengaGs complaint and itsattachment clearly spells out the Jurisdictional allegations that the is anagricultural tenant in possession of the .shpond and is about to be eJectedfrom it! clearly!respondent 7lao! Sr. could not be faulted in assumingJurisdiction as said allegations characteri"e an agricultural dispute.Besides! whate#er defense asserted in an answer or motion to dismiss is notto be considered in resol#ing the issue on Jurisdiction as it cannot be madedependent upon the allegations of the defendant.=HLRLR2RL! the instant petition is 9LA7L9 for lack of merit! and the 2rderand the 2ctober 0,! +EE/ Memorandum of the 25ce of the pecialProsecutor in Criminal Case Ao. %0OO+(2MB>+>E$>0$%&) are hereby -RR7RML9-9R7-A2 @. B-H7-A SR.Page +?7R@7L LR2A-! petitioner! #s. H2A. C2NR) 2R -PPL-B and )HL PL2PBL 2R)HL PH7B7PP7AL! respondents.9 L C 7 7 2 AUA-RL>-A)7-@2! S.39uring the period from Suly +EE% to eptember +EE%! Beonida Iuilatandeli#ered pieces of Jewelry to petitioner ?irgie erona to be sold oncommission basis. By oral agreement of the parties! petitioner shall remitpayment or return the pieces of Jewelry if not sold to Iuilatan! both within 0,days from receipt of the items. Npon petitionerGs failure to pay on eptember%$! +EE%! Iuilatan reKuired her to e*ecute an acknowledgment receipt(L*hibit B) indicating their agreement and the total amount due! to wit3-ko! si ?irginia erona! nakatira sa Mother Larth ubd.! Bas Pinas! ay kumuhang mga alahas kay @ng. Beonida Iuilatan na may kabuohang halaga naP&OC!C&,.,, para ipagbili para ako magkakomisyon at ibibigay ang bentakung mabibili o ibabalik sa kanya ang mga nasabing alahas kung hindimabibili sa loob ng 0, araw. Bas Pinas! eptember %$! +EE%.F+H )he receipt was signed by petitioner and a witness! Ru.na @. Aa#arette.Nnknown to Iuilatan! petitioner had earlier entrusted the Jewelry to oneMarichu Babrador for the latter to sell on commission basis. Petitioner wasnot able to collect payment from Babrador! which caused her to likewise failto pay her obligation to Iuilatan. ubseKuently! Iuilatan! through counsel!sent a formal letter of demandF%H to petitioner for failure to settle herobligation. Iuilatan e*ecuted a complaint a5da#itF0H against petitionerbefore the 25ce of the -ssistant Pro#incial Prosecutor. )hereafter! aninformation for estafa under -rticle 0+&! paragraph +(b)F$H of the Re#isedPenal Code was .led against petitioner! which was raVed to Branch %&& ofthe Regional )rial Court of Bas Pinas. )he information alleged3 )hat on or about and sometime during the period from Suly +EE% up toeptember +EE%! in the Municipality of Bas Pinas! Metro Manila! Philippines!and within the Jurisdiction of this Honorable Court! the said accused recei#edin trust from the complainant Beonida L. Iuilatan #arious pieces of Jewelry inthe total #alue of P&OC!C&,.,, to be sold on commission basis under thee*press duty and obligation of remitting the proceeds thereof to the saidcomplainant if sold or returning the same to the latter if unsold but the saidaccused once in possession of said #arious pieces of Jewelry! withunfaithfulness and abuse of con.dence and with intent to defraud! did thenand there willfully! unlawfully and feloniously misappropriate and con#ert thesame for her own personal use and bene.t and despite oral and writtendemands! she failed and refused to account for said Jewelry or the proceedsof sale thereof! to the damage and preJudice of complainant Beonida L.Iuilatan in the aforestated total amount of P&OC!C&,.,,.Petitioner pleaded not guilty to the charge upon arraignment.FOH )rial on themerits thereafter ensued. Iuilatan testi.ed that petitioner was able to remitP+,,!,,,.,, and returned P$0!,,,.,, worth of Jewelriy4FCH that at the start!petitioner was prompt in settling her obligation4 howe#er! subseKuently thepayments were remitted late4F/H that petitioner still owed her in the amountof P$%$!C&,.,,.FEH2n the other hand! petitioner admitted that she recei#ed se#eral pieces ofJewelry from Iuilatan and that she indeed failed to pay for the same. heclaimed that she entrusted the pieces of Jewelry to Marichu Babrador whofailed to pay for the same! thereby causing her to default in paying Iuilatan.F+,H he presented handwritten receipts (L*hibits + 6 %)F++H e#idencingpayments made to Iuilatan prior to the .ling of the criminal case.Marichu Babrador con.rmed that she recei#ed pieces of Jewelry frompetitioner worth P$$+!,0&.,,. he identi.ed an acknowledgment receipt(L*hibit 0)F+%H signed by her dated Suly &! +EE% and testi.ed that she sold theJewelry to a person who absconded without paying her. Babrador alsoe*plained that in the past! she too had directly transacted with Iuilatan forthe sale of Jewelry on commission basis4 howe#er! due to her outstandingaccount with the latter! she got Jewelry from petitioner instead.F+0H2n Ao#ember +C! +EE$! the trial court rendered a decision .nding petitionerguilty of estafa! the dispositi#e portion of which reads3 =HLRLR2RL! in thelight of the foregoing! the court .nds the accused ?irgie erona guilty beyondreasonable doubt! and as the amount misappropriated is P$%$!C&,.,, thepenalty pro#ided under the .rst paragraph of -rticle 0+& of the Re#ised PenalCode has to be imposed which shall be in the ma*imum period plus one (+)year for e#ery additional P+,!,,,.,,.-pplying the 7ndeterminate entence Baw! the said accused is herebysentenced to su;er the penalty of imprisonment ranging from R2NR ($)UL-R and 2AL (+) 9-U of prision correccional as minimum to )LA (+,)UL-R and 2AL (+) 9-U of prision mayor as ma*imum4 to pay the sum ofP$%$!C&,.,, as cost for the unreturned Jewelries4 to su;er the accessorypenalties pro#ided by law4 and to pay the costs. Petitioner appealed to theCourt of -ppeals! which a5rmed the Judgment of con#iction but modi.ed thepenalty as follows3=HLRLR2RL! the appealed decision .nding the accused>appellant guiltybeyond reasonable doubt of the crime of estafa is hereby -RR7RML9 with thefollowing M297R7C-)72A3 Considering that the amount in#ol#ed isP$%$!C&,.,,! the penalty should be imposed in its ma*imum period addingone (+) year for each additional P+,!,,,.,, albeit the total penalty should note*ceed )wenty (%,) Uears (-rt. 0+&). Hence! accused>appellant is herebyLA)LACL9 to su;er the penalty of imprisonment ranging from Rour ($) Uearsand 2ne (+) 9ay of Prision Correccional as minimum to )wenty (%,) Uears ofReclusion )emporal. Npon denial of her motion for reconsideration!F+OHpetitioner .led the instant petition under Rule $&! alleging that3 RLP2A9LA)C2NR) 2R -PPL-B LR72NBU LRRL9 7A C2ACBN97A@ )H-) )HLRL =- -A-BNL 2R C2AR79LACL 2A )HL P-R) 2R PL)7)72ALR 7A LA)RN)7A@ )HLNBSLC) SL=LBR7L (sic) )2 HLR NB>-@LA) R2R -BL 2A C2MM772A )2PR2PLC)7?L BNULR. RLP2A9LA) C2NR) 2R -PPL-B LR72NBU LRRL9 7A C2ACBN97A@ )H-))HLRL =- M7-PPR2PR7-)72A 2R C2A?LR72A 2A )HL P-R) 2RPL)7)72ALR =HLA HL R-7BL9 )2 RL)NRA )HL NBSLC) SL=LBR7L (sic) )2PR7?-)L C2MPB-7A-A).F+CH Petitioner argues that the prosecution failed to establish the elements ofestafa as penali"ed under -rticle 0+&! par. +(b) of the Re#ised Penal Code. 7nparticular! she submits that she neither abused the con.dence reposed uponher by Iuilatan nor con#erted or misappropriated the subJect Jewelry4 thather gi#ing the pieces of Jewelry to a sub>agent for sale on commission basisdid not #iolate her undertaking with Iuilatan. Moreo#er! petitioner deli#eredthe Jewelry to Babrador under the same terms upon which it was originallyentrusted to her. 7t was established that petitioner had not deri#ed anypersonal bene.t from the loss of the Jewelry. ConseKuently! it cannot be saidthat she misappropriated or con#erted the same.=e .nd merit in the petition. )he elements of estafa throughmisappropriation or con#ersion as de.ned in -rticle 0+&! par. +(b) of theRe#ised Penal Code are3 (+) that the money! good or other personal propertyis recei#ed by the o;ender in trust! or on commission! or for administration!or under any other obligation in#ol#ing the duty to make deli#ery of! or toreturn! the same4 (%) that there be misappropriation or con#ersion of suchmoney or property by the o;ender or denial on his part of such receipt4 (0)that such misappropriation or con#ersion or denial is to the preJudice ofanother4 and ($) that there is a demand made by the o;ended party on theo;ender.F+/H =hile the .rst! third and fourth elements are concededlypresent! we .nd the second element of misappropriation or con#ersion to belacking in the case at bar.Petitioner did not ipso facto commit the crime of estafa through con#ersion ormisappropriation by deli#ering the Jewelry to a sub>agent for sale oncommission basis. =e are unable to agree with the lower courtsG conclusionthat this fact alone is su5cient ground for holding that petitioner disposed ofthe Jewelry Was if it were hers! thereby committing con#ersion and a clearbreach of trust.XF+EH7t must be pointed out that the law on agency in our Jurisdiction allows theappointment by an agent of a substitute or sub>agent in the absence of ane*press agreement to the contrary between the agent and the principal.F%,H7n the case at bar! the appointment of Babrador as petitionerGs sub>agent wasnot e*pressly prohibited by Iuilatan! as the acknowledgment receipt! L*hibitB! does not contain any such limitation. Aeither does it appear that petitionerwas #erbally forbidden by Iuilatan from passing on the Jewelry to anotherperson before the acknowledgment receipt was e*ecuted or at any othertime. )hus! it cannot be said that petitionerGs act of entrusting the Jewelry toBabrador is characteri"ed by abuse of con.dence because such an act wasnot proscribed and is! in fact! legally sanctioned.)he essence of estafa under -rticle 0+&! par. +(b) is the appropriation orcon#ersion of money or property recei#ed to the preJudice of the owner. )hewords Wcon#ertX and WmisappropriatedX connote an act of using or disposingof anotherGs property as if it were oneGs own! or of de#oting it to a purpose oruse di;erent from that agreed upon. )o misappropriate for oneGs own useincludes not only con#ersion to oneGs personal ad#antage! but also e#eryattempt to dispose of the property of another without right.F%+H7n the case at bar! it was established that the inability of petitioner as agentto comply with her duty to return either the pieces of Jewelry or the proceedsof its sale to her principal Iuilatan was due! in turn! to the failure of Babradorto abide by her agreement with petitioner. Aotably! Babrador testi.ed thatshe obligated herself to sell the Jewelry in behalf of petitioner also oncommission basis or to return the same if not sold. 7n other words! the piecesof Jewelry were gi#en by petitioner to Babrador to achie#e the #ery same endfor which they were deli#ered to her in the .rst place. ConseKuently! there isno con#ersion since the pieces of Jewelry were not de#oted to a purpose oruse di;erent from that agreed upon.imilarly! it cannot be said that petitioner misappropriated the Jewelry ordeli#ered them to Babrador Wwithout right.X -side from the fact that nocondition or limitation was imposed on the mode or manner by whichpetitioner was to e;ect the sale! it is also consistent with usual practice forthe seller to necessarily part with the #aluables in order to .nd a buyer andallow inspection of the items for sale.7n People #. Aepomuceno!F%%H the accused>appellant was acKuitted of estafaon facts similar to the instant case. -ccused>appellant therein undertook tosell two diamond rings in behalf of the complainant on commission basis! withthe obligation to return the same in a few days if not sold. Howe#er! byreason of the fact that the rings were deli#ered also for sale on commission tosub>agents who failed to account for the rings or the proceeds of its sale!accused>appellant likewise failed to make good his obligation to thecomplainant thereby gi#ing rise to the charge of estafa. 7n absol#ing theaccused>appellant of the crime charged! we held3=here! as in the present case! the agents to whom personal property wasentrusted for sale! conclusi#ely pro#es the inability to return the same issolely due to malfeasance of a subagent to whom the .rst agent had actuallyentrusted the property in good faith! and for the same purpose for which itwas recei#ed4 there being no prohibition to do so and the chattel beingdeli#ered to the subagent before the owner demands its return or before suchreturn becomes due! we hold that the .rst agent can not be held guilty ofestafa by either misappropriation or con#ersion. )he abuse of con.dence thatis characteristic of this o;ense is missing under the circumstances.F%0H-ccordingly! petitioner herein must be acKuitted. )he lower courtsG relianceon People #. RloresF%$H and N.. #. PanesF%&H to Justify petitionerGs con#ictionis misplaced! considering that the factual background of the cited cases di;erfrom those which obtain in the case at bar. 7n Rlores! the accused recei#ed aring to sell under the condition that she would return it the following day ifnot sold and without authority to retain the ring or to gi#e it to a sub>agent.)he accused in Panes! meanwhile! was obliged to return the Jewelry herecei#ed upon demand! but passed on the same to a sub>agent e#en afterdemand for its return had already been made. 7n the foregoing cases! it washeld that there was con#ersion or misappropriation.Rurthermore! in Bim #. Court of -ppeals!F%OH the Court! citing Aepomucenoand the case of People #. )rinidad!F%CH held that3 7n cases of estafa the pro.tor gain must be obtained by the accused personally! through his own acts!and his mere negligence in permitting another to take ad#antage or bene.tfrom the entrusted chattel cannot constitute estafa under -rticle 0+&!paragraph +>b! of the Re#ised Penal Code4 unless of course the e#idenceshould disclose that the agent acted in conspiracy or conni#ance with the onewho carried out the actual misappropriation! then the accused would beanswerable for the acts of his co>conspirators. 7f there is no such e#idence!direct or circumstantial! and if the proof is clear that the accused herself wasthe innocent #ictim of her sub>agentGs faithlessness! her acKuittal is in order.F%/H Babrador admitted that she recei#ed the Jewelry from petitioner and sold thesame to a third person. he further acknowledged that she owed petitionerP$$+!,0&.,,! thereby negating any criminal intent on the part of petitioner.)here is no showing that petitioner deri#ed personal bene.t from orconspired with Babrador to depri#e Iuilatan of the Jewelry or its #alue.ConseKuently! there is no estafa within contemplation of the law.Aotwithstanding the abo#e! howe#er! petitioner is not entirely free from anyliability towards Iuilatan. )he rule is that an accused acKuitted of estafa mayne#ertheless be held ci#illy liable where the facts established by the e#idenceso warrant. )hen too! an agent who is not prohibited from appointing a sub>agent but does so without e*press authority is responsible for the acts of thesub>agent.F%EH Considering that the ci#il action for the reco#ery of ci#illiability arising from the o;ense is deemed instituted with the criminal action!F0,H petitioner is liable to pay complainant Iuilatan the #alue of the unpaidpieces of Jewelry. =HLRLR2RL! the petition is @R-A)L9. )he decision of theCourt of -ppeals in C->@.R. CR Ao. +C%%% dated -pril 0,!+EEC and itsresolution dated -ugust %/! +EEC are RL?LRL9 and L) -79L. Petitioner?irgie erona is -CIN7))L9 of the crime charged! but is held ci#illy liable inthe amount of P$%$!C&,.,, as actual damages! plus legal interest! withoutsubsidiary imprisonment in case of insol#ency.


text:
Steve Harvey
American stand-up comedian and television hostwd:Q2347009
1957 -
country of citizenship:
United States of America
native language: English
language of expression: English
educated at: West Virginia University, Kent State University
occupation: stand-up comedian, actor, film producer, television producer, screenwriter, writer, dancer, singer, television presenter, radio personality, voice actor, comedian, film actor, television actor
Broderick Stephen Harvey (born January 17, 1957) is an American comedian, television host, producer, radio personality, actor, and author. He hosts The Steve Harvey Morning Show, Family Feud, Celebrity Family Feud, the Miss Universe pageant (since 2015) and Fox's New Year's Eve (since 2017).
Harvey is the author of Act Like a Lady, Think Like a Man, which was published in March 2009, and the book Straight Talk, No Chaser: How to Find and Keep a Man. He starred in The Steve Harvey Show and was featured in The Original Kings of Comedy. He is a six-time Daytime Emmy Award winner, two-time Marconi Award winner, and a 14-time NAACP Image Award winner in various categories.
Read more or edit on Wikipedia
Act Like a Lady, Think Like a Man
book by Steve Harveywd:Q4676631
Steve Harvey


text:
About Us
Empowering ExMuslim Women
Faithless Hijabi was established in October 2018 and since we've helped hundreds of women to engage with us from all over the world.
As it stands, women who leave the religion of Islam are often ostracised by their families, any form of dissent has the possibility of inciting violence.
This is a space where vulnerable and endangered women garner support. Our space is one of shared experiences, experiential guidance, and strength in unity. The reality of the world today is that there exists many nations and cultures where women are abused and threatened with honour violence and killings when questioning their faith. These acts are unacceptable in the modern world.
At Faithless Hijabi we aim to ensure women are safe in questioning their faith and are protected from harm should they choose to leave Islam.


text:
New York battle: The people v big development
Bushwick. Inwood. Two Bridges.
They are invoked by protesters across New York City, regarded as the front lines in a battle against what some communities see as misguided plans to create more housing.
In recent months, the three neighbourhoods have thwarted or stalled private and public efforts to develop thousands of new apartments, the majority of which would be too expensive for local residents, and have energised like-minded campaigns all over the city.
The resistance might not have mattered a few years ago, when the real estate industry was flying high with ambitious luxury projects and tacit support from elected officials.
Now, with a glut of empty luxury apartments and the industry's waning influence in the state capital, Albany, momentum is building for neighbourhood groups that are pushing back against new building projects because they believe such plans offer little community benefit. And they're winning.
Towers that critics say exceed height limits are being held up in litigation. Zoning loopholes that enabled skyscrapers on mid-rise blocks are being scrutinised. And in neighbourhood rezoning battles, mostly in lower-income communities of colour, opponents are fighting efforts to spur new and largely market-rate construction that they say would displace longtime residents.
After a decade of seemingly endless construction of high-end condos and rentals, neighbourhood groups that have long pushed for more affordable housing are finally being heard. And these aren't merely symbolic victories, the groups say, but decisions that could change what gets built in the city, and how, for years to come.
Dire need remains
Amid the blowback against new development, the need for housing remains dire. New York City built just 163,000 units of housing in the 2010s, fewer than the 205,000 created in the 1930s, during and after the Great Depression, according to a city report. From 2009 to 2018, the New York metro region added 0.5 units of housing for every new job, down from 2.2 units per job in the previous decade.
But opponents say that simply building new housing, even with a mandatory share of cheaper units, will not stem the continued loss of affordable housing for average New Yorkers.
A model in Inwood
In December, a New York Supreme Court judge annulled the city's rezoning plan for Inwood, a low- and middle-income neighbourhood in upper Manhattan with some of the lowest rents in the city.
"The Inwood victory was like, 'whoa, the tide is turning'," says Alicia Boyd, a retired teacher in Crown Heights, Brooklyn, who leads the local activist group Movement to Protect the People. The organisation is opposed to several new towers in the area, on the grounds that the resulting apartments would be too expensive for locals and would cast shadows on the nearby Brooklyn Botanic Garden. The decision in Inwood has given the group hope for a similar outcome.
The Inwood plan would have increased the allowable height and density in parts of the neighbourhood, which could have brought 3900 new units to the area, including 1000 below-market apartments, according to the Department of City Planning. The city is appealing against the decision.
The judge agreed that the city's environmental review process, which aims to measure the impact of development, did not adequately study a number of concerns, including the risk of racial displacement and the effect of speculative development on local businesses, many of which can be more valuable to landlords as land sales.
Since 2013, when the rezoning plan was announced, investors bought more than $610 million in properties, according to a New York Times analysis.
'They don't have to study the racial impact? That's ridiculous.'
— Michael Sussman, petitioners' lawyer
"They don't have to study the racial impact? That's ridiculous," says Michael Sussman, the petitioners' lawyer, who argues that speculation would have an outsize impact on minority residents in the area, many of whom live in rent-regulated apartments.
The coalition included a cross-section of the neighborhood: a climate scientist, engineers, academics, a Chinese take-away restaurant owner, an auto repair shop owner and a pharmacist.
Says Paul Epstein, a retired management consultant and one of the leaders of the coalition: "It sounds like the nerds were the ones to make it happen, but that's not true. This suit had 15 petitioners, which helped show the judge we're not a couple of angry people — this is a whole community."
Jon Yeung, an owner of U Like Chinese Takeout, who emigrated as a child from Fuzhou, China, says this is the first time his family has been involved in local politics, after more than 20 years working in Inwood. "I'm just afraid that when the lease is up, then things will be different," he says. Around 2003, he says the monthly rent on the restaurant's other location tripled, from $US3000 to $US9000, forcing the owners to shut it down.
Karla Fisk, a member of the group Inwood Legal Action and a green-building consultant, says the bulk of the new construction would be luxury apartments and that most of the below-market units created by the city's plan would still be too expensive for longtime residents. The median household income in the neighbourhood is about $US51,000 ($76,000), compared with almost $US80,000 across Manhattan, according to census figures.
Temporary restraining order
Similar legal strategies are working in Crown Heights, where Boyd and other petitioners recently won a temporary restraining order that has effectively blocked construction of two projects near the Brooklyn Botanic Garden, on the basis that the Department of City Planning should have conducted a more thorough review of the buildings' impact.
Carmel Partners, the developer of one of the projects, says its 16- and 17-storey buildings will have "over 140 affordable units". The developer would not say how many market-rate units would be built.
"People are no longer accepting the idea that this is going to solve the housing crisis," Boyd says of the planned affordable units, which she says will be out of reach for current renters, who have a median household income of about $US56,000 a year— a number that already reflects the recent influx of more affluent renters.
Stalemate in Bushwick
Last month, years of efforts by community groups in Brooklyn's Bushwick neighbourhood and city planning officials to address housing needs unravelled, after the local city councilman rejected the city's rezoning plan.
The city's proposal could have added about 5600 apartments to the neighbourhood, of which 1680 would be reserved as below-market-rate units. But community groups baulked at the proposal, which they say ignores a community-led plan that would have created about 2000 new units, with a more balanced ratio of market-rate to affordable units.
Critics point to the troubling outcomes of past rezonings. Greenpoint and Williamsburg, two Brooklyn neighbourhoods rezoned to allow more building in the mid-2000s, lost about 15,000 Hispanic residents between 2000 and 2015, while the overall population rose 20,000 in the same period, according to a census analysis by Churches United for Fair Housing, a nonprofit community services group.
Williamsburg and Greenpoint also had the highest median rent increase of the decade, from $US1207 in 2010 to $US1854 in 2018, a 54 per cent jump, according to the NYU Furman Centre.
Alexandra Fennell, the network director at Churches United for Fair Housing, says mayor Bill de Blasio's proposed rezoning efforts will repeat some of the same mistakes, in that most of the targeted areas are low-income neighbourhoods of colour.
'Why hasn't the city done this in white communities?'
— Alexandra Fennell, Churches United for Fair Housing
"Why hasn't the city done this in white communities?" she asks, citing a recent city proposal for the affluent neighbourhoods of NoHo and SoHo in Manhattan that emphasises new retail, not housing.
That idea has the backing of Open New York, a pro-housing group that has proposed adding about 3400 new units to SoHo and NoHo, about 700 of which would be cheaper — available to a family of three making about $US38,000 a year, for instance. Says Will Thomas, a member of the group: "If there is any place that should allow more density, it's SoHo."
Housing and economic development deputy mayor Vicki Been says "everything is on the table" when it comes to the possibility of adding residential density to SoHo. But she says the focus of the mayor's rezoning efforts has been in lower-income neighbourhoods like Bushwick because they are transit-rich and can create and preserve the most affordable housing. Denser and more affluent areas, like the Upper East Side, have far less opportunity for growth, she says.
"The notion that we can freeze a moment in time is a fallacy," Been says, adding that the affordable units that would be created by the city's proposed rezoning efforts, including those out of reach for some local residents, would still be a relief to middle-income New Yorkers.
But the prospect of no zoning change for Bushwick is also concerning, says Chris Walters, a land use expert with the Association for Neighbourhood & Housing Development, which supports the community-led plan. Developers can build about 6000 new units there without seeking special permission, with little to no below-market-rate mandate. The median annual household income in Bushwick was $US53,360 in 2018, compared with $US63,799 citywide, according to census figures, and almost a third of households spend more than half their income on rent.
Tower scrutiny
In prime Manhattan markets, where residents are weary from years of luxury development, community groups are pushing back against towers they believe have abused zoning loopholes.
At 200 Amsterdam, on the Upper West Side, community members won a significant victory last March when a state Supreme Court judge called into question the legality of the zoning of a 203 metre tower. Developers often buy the unused development rights of adjacent buildings to add height and bulk to their buildings. In this case, the opponents argued the developers, Mitsui Fudosan America and SJP Properties, created a "gerrymandered" 39-sided zoning lot to take advantage of the development rights from a number of tenuously adjacent lots. The building is more than twice the height of nearby towers, and is the tallest north of 61st Street.
"If everyone can put together 39-sided zoning lots, then chaos is going to ensue," says Elizabeth Goldstein, the president of the Municipal Art Society of New York, which is involved in the suit.
The litigation is ongoing, but under the most severe and unusual penalty, the developers can be forced to remove several floors from the top of the partially finished tower, where the priciest penthouse is listed for $US21 million. SJP says it is in accordance with the zoning and expected "to start delivering residences soon".
A few blocks away, at 50 W. 66th Street, a would-be 236 metre tower remains unbuilt, held up by challenges from community groups that say the developer created excessively tall mechanical rooms to add height — nearly 61 additional metres — to create a premium for its condo units on higher floors.
'We're literally at the behest of developers' whim.'
— Sean Khorsandi, preservationist
"We're literally at the behest of developers' whim," says Sean Khorsandi, executive director of Landmark West, a preservationist group, which narrowly lost a split decision at the Board of Standards and Appeals last month to revoke permits for the project. The group is exploring further legal challenges, he says.
Even so, the city council passed a zoning amendment in May to effectively limit mechanical rooms to 7.6 metres high, making it harder for other developers to use the strategy. The developer of 50 W. 66th Street, Extell, declined to comment.
A legal precedent
In Two Bridges, a mostly low-income immigrant community south of Manhattan's Chinatown, community groups won a huge victory when they persuaded a state Supreme Court justice last year to halt the development of three mixed-use skyscrapers within about three blocks of one another. The developments must stay on hold until they undergo a lengthy public process called the Uniform Land Use Review Procedure.
The towers, proposed by four developers, would create 2775 units, of which 694 would be offered below market rate to renters of different incomes. The developers would also improve infrastructure for nearby public housing and upgrade the local subway stop. They plan to appeal against the decision.
But opponents are sceptical of the community benefits, and some have alternative proposals for the sites. Many are still angry that the city permitted the luxury condo skyscraper One Manhattan Square to be built nearby without a more thorough public review.
"We always viewed the lawsuit as a delay tactic," says Melanie Wang, an organiser with CAAAV, a community group for a largely low-income Chinese membership. While the towers are postponed, she hopes the group can pass its own rezoning plan for Two Bridges, which would require half of new units built to be affordable, among other guidelines.
Paula Segal, a lawyer with TakeRoot Justice who is representing some of the community groups in one of three lawsuits opposing the plans and on a community-led rezoning application, believes their victory sets a citywide precedent. The hope is that more developers of large-scale residential projects will have to go through the full public review process.
She says: "The developers are on notice that if they don't work with communities to come up with plans that work with everybody, we'll see them in court." Segal has identified several other properties with the same zoning designation as the Two Bridges sites where a similar argument for greater public review can be applied.
The next fight
Perhaps the next big land-use battle is brewing in western Queens, where the city is preparing its master plan for the 73 hectare Sunnyside Yard, a sprawling active rail yard about six times as large as New York's latest megadevelopment, Hudson Yards.
"We feel like it's going to be another giveaway boondoggle for the rich, just like Hudson Yards," says Emily Sharpe, a lawyer and founder of the Coalition to Stop Sunnyside Yards. There, too, opponents question the city's commitment to truly affordable housing. Some say nothing should be built on the massive site at all.
Farther east in Queens, resistance is building against a proposal for a 12 hectare site along the polluted Flushing Creek to create 1725 apartments including fewer than 100 below-market-rate rentals.
The project, which has been certified by the City Planning Commission, will include retail, office space, apartments and hotel rooms in nine buildings with a total of 13 towers. Construction could begin this year.
But critics say the project was approved with little consideration for flood zone risks, the added infrastructure burden or the potential for displacement.
Flushing quietly became one of the fastest-growing for-sale markets of the last decade: 3075 new condos were built there from 2009 to 2019, second only to Williamsburg, where 3201 were built, according to StreetEasy. Prices have risen in kind: The median sale price was $US650,000 last year, up from $US350,000 in 2009, a nearly 86 per cent jump.
Says Tarry Hum, Queens College Department of Urban Studies chairman, who is opposed to the project along Flushing Creek: "I think there is a growing sense of an urgent need for change.''
The success of the protesters in Inwood, who found themselves in similar circumstances, has been a popular topic at recent community meetings — and perhaps shows a way forward, she says.
"I think litigation is the only way to say: This is outrageous."
The New York Times
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Home sales expected to drop in 2018
MONTREAL — Home sales are expected to drop to their lowest level in three years in 2018, driven largely by a decline in Ontario, the Canadian Real Estate Association said Friday. The association expects that 495,100 homes will be sold next year after downgrading its sales forecast for 2017 on a 9.9 per cent drop in August compared with a year ago.
It expects sales will fall 2.3 per cent in 2018 following a 5.3 per cent decline this year to 506,000, or 20,000 fewer than previously forecast in June. Seasonally adjusted sales in August rose 1.3 per cent from the prior month, due to a 14.3 per cent boost in the Greater Toronto Area. Still, sales in this area were down 35 per cent from a year ago. Benjamin Reitzes of BMO Capital Markets said the August data suggests the worst may have passed for the GTA following Ontario policy changes to restrict foreign buyers, but the future is unclear.


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Back Feb 2009 I posted similar to these
- this is my driveway and that white thing in the centre is my letter box - hopefully rain stops today or I won't have a driveway to get out of... at least I have cat food left (most important) and vino also important. I could drive through but the water is brackish due to the intermingling of salt and fresh water and won't do my precious van any good - I did go for a wade in my gumboots and its up to my knees - hence the gumboots filled up - a little chilly but good fun actually - my garbage wheelie bins were floating down near the letter box so had to take them to higher ground (out on the road) - I will retrieve the floating garbage when I am sure I won't fall into a pot hole. Thought to take my mobile out with me but was afraid of dropping it - so having no pockets in my clothes- needs must and human beings are adaptable. I am hoping it will all go down before Saturday as once again Melissa and Chris planned on coming up - last time it was an exploding tanker which stopped them on their drive up - just have to hope that the highway is cleared by then. I was really looking forward to seeing them the first time and now after being isolated for a few days am hungry for their company. I like my own company when I choose it but it is palling a bit now. So many up here have had houses flooded and equipment damaged - so I am one of the very lucky ones. The Pacific Hwy near Kempsey is planned to be closed for 6 days such is the road base damage.
Thursday, June 16, 2011
Posted by Middle Child at 9:25 am
Labels: even more water and rain
2 comments:
- Anne said...
At least you have the essentials, cat food and vino!
- 10:07 am
- iODyne said...
oh dear, great sympathy.
Make sure you have a long hiking pole (OK the garden rake or broom) when wading through water - to save you from the potholes.
and I do love it that your absolutely correct priorities are wine and catfood. the way it should be.
love from all of us - annie and bwca etc
- 5:19 pm
Subscribe to: Post Comments (Atom)


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As a result of a Strategic Partnership Grant from USAID's Trade Hub made in 2013 to Central African Seed Services (CASS), the Jungle Beat peanut processing factory in Zambia has become well-established as a reliable source of quality peanuts for RUTF (Ready to Use Therapeutic Food) throughout Africa.
RUTF is a non-perishable, portable product designed to combat malnutrition, especially in children and pregnant women. The first export order of 24 tons of blanched, vacuum-packed, roasted product was delivered to Nutriset in Antananarivo, Madagascar in November 2013, and CASS/Jungle Beat has continued to supply Nutriset franchises throughout Africa since then.
The peanuts processed in the Zambia factory are purchased from a network of thousands of small farmers throughout the country.
A Success Story
In october 2014, the Trade Hub learned that Central African Seed Services (CASS) has also negotiated with another large RUTF supplier to provide roasted, blanched peanuts in orders starting with 50 metric tons per month and increasing to 150 metric tons per month within the next six months. Peter Nieuwoudt, Director at Jungle Beat, sees exports from the factory reaching 50,000-100,000 tons annually within three years.
In Zambia, ideal climate conditions create the opportunity to increase both yield and the production area for peanuts considerably. With the efficient processing line made possible by the USAID Trade Hub grant, both small farmers and vulnerable populations can benefit.
On December 3, 2013, Jungle Beat, Central African Seed Services (CASS), the USAID Southern Africa Trade Hub and USAID/Zambia officiated at the official launch of a new groundnut processing line installed at the Jungle Beat factory in Lusaka, Zambia. The line is part of a partnership between Jungle Beat and CASS supported by a USAID Strategic Partnership grant, encouraging South African investment and technology transfer into the region.
The new processing line cleans, sorts and grades groundnuts for the purpose of achieving a uniform, high quality product with aflatoxin levels compliant with export requirements. With a full complement of trained pickers on the conveyor belts, the specialists can process up to four metric tons of nuts per hour on jungle beats' new processing line.
Groundnuts arrive from smallholder farmers in bags along with dirt, stones and sticks, and must be cleaned with forced air and gravity separation.
The cleaned nuts then move to a grading module that sorts the nuts according to size using oscillating sieves. This process separates the nuts into the uniform commercial sizes required by international buyers. The mechanical grading also removes the shriveled, immature and broken nuts; these damaged kernels harbor the majority of aflatoxin in any lot, and removing them efficiently is vital to achieving a cost-competitive, safe export product.
From here the sized nuts spill onto conveyor belts for a final inspection and picking. The workers remove any discolored or insect-damaged nuts and discard them in a slot next to their station. In smallholder farm production of groundnuts, it is also common for different varieties to be mixed together; the pickers must also separate these out to ensure that the final product is truly uniform and meets with buyer requirements. The nuts on the conveyor shown here are part of the first export order for the factory.
They are destined to be used in Burkina Faso for the manufacture of "PlumpyNut," which is a ready-to-use therapeutic food used to fight malnourishment, especially in child populations. With efficient processing like this, African smallholder-produced groundnuts can supply the humanitarian feeding industry and Africa can receive a double benefit from the aid.
The technology supplied through this grant is only one part of what is needed to create a sustainable business model, with financing a key component as well.
Jungle Beat secured US$1.8 million in commercial financing with the help of a USAID Development Credit Authority (DCA) partial guarantee that encourages Zambian banks to loan to promising SMEs. Jungle Beat has used this finance to increase procurement from smallholders in order to meet export demand.


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Undergraduate Awards 2016
Issued: Fri, 20 Jan 2017 12:06:00 GMT
Congratulations to the School of Psychology's Holly Scott and Andra Coldea for their success at the Undergraduate Awards Global Summit in Dublin in November.
Holly Scott was the Regional Winner - Europe in recognition of her work #sleepyteens: Social media use is associated with poor sleep, anxiety, depression and low self-esteem in adolescents.
Holly is undertaking an ESRC funded PhD, supervised by Prof Stephany Biello and Dr Heather Cleland Woods. She graduated with a joint MA in Psychology and French (First Class) in 2015, followed by an MSc in Research Methods of Psychological Science (Distinction) in 2016.
Andra received recognition as a Highly Commended Entrant with her paper Dual Brain Imaging During Naturalistic Communication - Empirical Evidence In Support of a More Integrative Approach To Research.
The Undergraduate Awards is the world's largest international academic awards programme. Cited as the ultimate champion of high-potential undergraduates, and often referred to as a "junior Nobel Prize", it recognises excellent research and original work across the sciences, humanities, business and creative arts.
Speaking about the Winners and Highly Commended Entrants, CEO of The Undergraduate Awards Louise Hodgson said: "This is a huge achievement for the students. UA received the highest number of submissions to date with only the best papers making it through the judging process - the competition was extremely tough and the Judges were astounded at the high quality of undergraduate research in the programme this year. Congratulations to this year's successful entrants".
<< Newsletter


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May 1, 2006
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4PSA accelerates communication and team collaboration. For 16+ years, we have engineered technology that enables service providers to deliver Unified Communications in the Cloud - enterprise PBX, voice, video, instant messaging, presence, and contact center services.
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