Florida’s Third District Court of Appeals has just made a landmark ruling that the Institute for Justice is calling “a major blow to property rights.”
Tom Carroll and Hermine Ricketts, 17-year homeowners, have been fighting the Village of Miami Shores for the last 6 years. The battle ended in a verdict after 3 years but they fought on. It all started back in 2014 when the couple refused to take the “advice” handed down to them by the town officials keen on implementing a new zoning plan.
The homeowners refused to relinquish their constitutionally protected rights. That is when town officials resorted to plan b.
The couple subsequently sued based on a constitutional infringement upon their right to use their own private property as well as a violation of the equal protection clause.
Head on over to the next page to learn about the decision just handed down by Florida’s Third District Court of Appeals in regards to property rights.
This is so so wrong. Government needs to stay OUT of our personal life!!!
Didn’t say they couldn’t plant in pots and movable wooden beds- when are people going to mind their own business- would a yard full of weeds look better?????
Thermal problem is the HOA agreements people sign. Read and reread before signing anything. In most subdivisions the buyer must agree to join the HOA in order to purchase a home in that location. Most HOAs do not allow vegetable gardens because they end up a nuisance in the community attracting bugs and rodents. Owners start off fine and then give up because it is hard work keeping a garden tidy. In our community garden, for example, we had a doctor of Chinese medicine join. We thought what a great asset! He knows plants and can teach us something. WRONG we ended up with weeds waist high(not an exaggeration!) and he occupied 4 beds – it was horrid. Those are the concerns an HOA has with people thinking they want to garden. Garden is not only a noun. It is an action verb…to garden is hard work. And in the awesome Florida sunshine it is a sword with two sharp edges, great sunshine and wonderfully long growing seasons BUT the other edge is hot and muggy and sunburned skin, weeding in the heat, fighting fungus invasions and bug infestations.
This is BS!! My land will plant what I to!!!!! Bunch of commies
If this home has an HOA….THEY control everything you do and or plant…even what flowers you can plant…solution is to not buy in those communities…or for Gods sake read their bi laws before you sign on the dotted line. Make sure you know those bi laws backwards and forwards for any future conflicts
the the part sui
Absolutely crazy
The city ordinance bans vegetable gardens in front yards, restricting them to back and side yards only. These people did it anyway and then fought it. The court did NOT ban gardens altogether.
What is this about? Trying to make us more useless! And dependant on the government! No! Way!
Nah…..this has got to be wrong…how can they “legally” do this?