IMHO the fighter against town thing has little to do with the rules, its a problem with the campaign. There are a number of ways of dealing with this, and the most likely would be: does the fighter wants to become the campaign main bad guy? Will adventurers try to stop him? Will the player have fun becomming a tyrant? Will the DM play along?
We saw things way worse tham this in previous editions, specially in 3.5 epic clerics.
Regarding the magic: the rules about identifiing magic and so can easly be rouse ruled, and as a matter of fact the rituals (if not sold every corner) make acces to campaign shaking spells only acessible if the DM allows (specially ressurrect like ones and teleportation).
The DM has now way more power tham in 3.5 in my opinion.
And if the players are just tiggering traps, again... maybe you should analise if its really a system problem.
I don't understand this... we ask for directions 5th should go, and in response to our comments the universal answer is "Nothing is wrong with 4th, just houserule it"...
If I houseruled every problem that my group has with 4th... I would be re-writing 2/3 of the PHB, all of the monster manual, just dropping the DM's guide entirely, etc etc... at some point we need to realize that "houseruling" should not be necessary to that extent...
Also, have you ever displayed a lot of gifts before people, told them that by law/rules/etc they are theirs for the taking, then told them "But I disagree... you gotta work for it!"...
Those people stop listening to you at all and move to someone else who WILL give them what is in the rules...
Now, on the other hand, if you have rules that keep things hard/challenging/etc, and items are not just handed out "monty haul" style, the players go "well its the rules, so we do what the rules say..." If the DM really likes how 4th does it, they can then "houserule" it and both games work fine then...
It is easier to houserule a more lenient method of play, than to houserule a harder and more challenging method of play. My players prefer to play exactly what is in the rules except stats, we prefer to play more super-hero stats than elsewise because we believe that the players are not peasants, there is a reason the world's safety relies on them and that they rose above the regular and normal citizens, threw down the pitchfork and picked up a sword. We play "Conan"s and "Raistlin"s.... but as a general rule, every other rule in a book is the end of it, we don't houserule anything else, if we need to houserule, we just stop playing a game and play something else that makes sense.
We have played 2 campaigns in 4th Edition, and have decided that we will take an "extended rest" before we play it again because of how the game has changed... (btw, 3rd we dealt with, and played almost religiously for the entire length of time it was out, we are already thinking of not playing 4th again)
So 5th (whenever it comes out, years from now) needs to be play tested better and more thoroughly, with plenty of testers. 4th edition combats take way too long, are very tedious, offer no challenges, give out magic items, and more.... We were looking at a fix for 3rd's problems, not a brand new game that had more and different errors.