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 BUNCH of judges are idiots.
As far as I’m concerned HOAs should be ruled unconventional. No organization should have the power to force anyone to join or pay fees to them in order to purchase the home they want to live in.
We lived in a HOA house once and never will again. My husband had a very small trailer for his employment he had to drop off in the driveway for very, very short periods from time to time. We got a letter stating we could not do that and next time we would be fined. Since we had 2 cars in the garage there was no place else for the trailer. If he had parked it away from the house and the expensive equipment was stolen he would have lost his job. Made the old guy across the street so angry he drove all though the neighborhoods taking pictures of every trailer and RV parked in every driveway (some of them huge 100s of thousands of dollars motor homes). He gave them to the HOA and told them to back off my husband’s little trailer that was never parked in the drive more than a couple hours or he’d file a complaint against everyone of those home owners in his pictures. We never got another complaint.
That’s exactly why I have always been against HOA’s!!! No one has the right to tell anyone what they can and can’t do on their own property or what animals they can and can’t have!!!!
HOA should be unconstitutional. No one should have the power to tell you what to do with your property or pay a fee in order to buy the home you want.
Stupidity
A bench of comics. Soon they’ll rule on how you can spend your retirement. Over stepping their bounds again? YES!!! Courts have egos too, sometimes faults.
To bad I am going to put veggies in my back yard. Always have always will.
Screw that, ppl been growing their own fruits and veggies since before this was a country, I’ll keep growin mine thank You, and have a nice day
So very wrong!
As soon as i buy my house I’m going to dare any government agency to tell me what i can or can’t plant. My house my rules. I’m buying HOA free