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Jupiter Marine Vet Could Lose House Over Refusal to Remove Flag
AP ^
| 10/14/2001
| AP
Posted on 10/14/2001 6:51:00 PM PDT by TLBSHOW
Jupiter Marine Vet Could Lose House Over Refusal to Remove Flag
JUPITER, Fla. (AP) -
A former Marine who flies an American flag in his front yard could lose his house over his refusal to remove his flagpole, which violates his civic association's rules.
The Indian Creek Phase III-B Homeowners Association has filed a lien against George Andres' home in an attempt to collect more than $28,000 in legal fees and fines a judge has ordered him to pay. Foreclosure proceedings are expected to begin in the next couple weeks.
Palm Beach County Circuit Judge Catherine M. Brunson sided with the association in June, ruling that Andres, 61, was violating its rule barring flagpoles. Under the association's rules, flags can be flown only from brackets attached to the side of homes.
Indian Creek attorney Steven Selz said Andres - who continues to fly the flag - and his wife will be interviewed to determine what financial resources they have to pay the association.
After the Sept. 11 terrorist attacks Gov. Jeb Bush and his brother, President Bush, urged civic associations to eliminate regulations restricting the flying of American flags.
During a court hearing Thursday, Andres' attorney cited the Bushes when he argued that Indian Creek's regulation runs against public policy, but Brunson disagreed.
Barry Silver also argued that the association had committed a fraud against the court when it first said it objected only to the pole, but then later said it objected to the pole and the flag.
Brunson ruled no fraud had been committed.
TOPICS: Culture/Society; News/Current Events
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1
posted on
10/14/2001 6:51:01 PM PDT
by
TLBSHOW
To: Brandonmark
What do you think if we toss Palm Beach County out of FL and out of the US?
2
posted on
10/14/2001 6:58:23 PM PDT
by
PhiKapMom
To: TLBSHOW
Indian Creek attorney Steven Selz said Andres - who continues to fly the flag - and his wife will be interviewed to determine what financial resources they have to pay the association. I'll bet the association has more. Counter-sue 10 times the amount- on violation of 1st amendment rights and harassment-- let a jury decide.
3
posted on
10/14/2001 6:59:58 PM PDT
by
Mark
To: TLBSHOW
Indian Creek Phase III-B Homeowners Association Off to Afganistan...
Palm Beach County Circuit Judge Catherine M. Brunson Off to Afganistan
To: TLBSHOW
Palm Beach yet again. Wow, who would have guessed.
To: TLBSHOW
From what I've read here, the story is when he moved in Andres asked for special permission from the Ass. to put in a flagpole. The permission was granted and he installed it. A few months later there was a new Ass. board elected and they denied permission. Since then it's been in court.
6
posted on
10/14/2001 7:03:45 PM PDT
by
ao98
To: TLBSHOW
I would have the place set to burn the minute they carried me out. IF the law is going to support such a ridiculous thing then I would make sure that they had nothing but the land left to steal from me.
7
posted on
10/14/2001 7:04:09 PM PDT
by
Revel
To: PhiKapMom
BUMP
8
posted on
10/14/2001 7:04:58 PM PDT
by
TLBSHOW
To: TLBSHOW
If enough patriots live in the development, I believe they could probably take action to change the rules. Just like CC&Rs in a development, they can be changed.
To: TLBSHOW
Time to get a high powered lawyer and counter sue their a$$ off!
10
posted on
10/14/2001 7:07:20 PM PDT
by
mdittmar
To: TLBSHOW
All your flags are belong to us.
To: TLBSHOW
W need to freep these people big-time!!
12
posted on
10/14/2001 7:11:06 PM PDT
by
tutstar
To: TLBSHOW
Jupiter exists because of military launch range.Shame!
To: TLBSHOW
This homeowners' association needs to be b!tch-slapped, but it appears that they are on solid legal ground. Unless, of course, they had previously given this guy permission to put up the flagpole (as per someone else's post here).
Note to Freepers: When you move into any kind of residential development like this and sign a homeowners' agreement, there is no First Amendment issue at stake. You've signed away any rights you may have had.
Comment #15 Removed by Moderator
To: TLBSHOW
Ya just got to love the local liberal dictators and their oppressive ordinance rules. I'm sure somebodies property values have been lowered because someone actually thought that they owned the property that they paid for.
16
posted on
10/14/2001 7:24:10 PM PDT
by
fella
To: fella
If he wanted to fly the UN flag there would be no problem. Liberal commies need a FReeping Good!
17
posted on
10/14/2001 7:27:37 PM PDT
by
TLBSHOW
To: TLBSHOW
If he wanted to fly the UN flag there would be no problem. Palm Beach County? I suspect that there is another flag that he could fly with no complaints.
18
posted on
10/14/2001 7:38:09 PM PDT
by
jackbill
To: PhiKapMom
I'll second that one! Why anybody would sign an agreement that allows others to dictate what he does on his own land is beyond me!
19
posted on
10/14/2001 7:38:14 PM PDT
by
goodieD
To: ratcat
I think everyone here at free republic should write to their local representative, asking for federal laws to revoke many of the powers homeowner's associations have. The only reason I can find for there even being a homeowner's association, is to keep the property values up. A flagpole will not hurt property values. If anything, it will remind the people of the nation they live in. My dad has had many encounters with the local homeowner's association. He's fought them and won.
20
posted on
10/14/2001 7:39:59 PM PDT
by
Ammo
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