To: Doug, f/y/i re: F-150 case

Started by JohnB83 • 10 replies • 1121 views

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JohnB83 (South Carolina)
Posts: 124

Posted:

Based on the foregoing the Court finds:

13. The Plaintiff's restriction as to trucks are applied in this case is unreasonable, will not be
enforced and the injunction is denied.
14. The parking of a personal use pick-up truck used solely for personal use bearing no
commercial marking or modification could not be said to be aesthetically negative. Such
vehicles along with their cousins the SUV's, have become a staple of our society and to
prohibit them would unreasonably interfere with the owners right to use and enjoy their
property. Cultural perception evolve and change. Personal use pick-up trucks do not carry
the negative implication they might have 25 years ago. In no way could the parking of
these vehicles interfere with the quiet enjoyment or the property values of the condominium
residents.
15. This ruling does not apply to heavy duty commercial Pick-ups such asFord F-250 and
F-350 or a pick-up with commercial markings or commercial modifications or pick-ups
used for commercial purposes.
16. The Court reserves jurisdiction to award appropriate attorneys fees and costs.

What a freakin' mess.

JohnB83 (South Carolina)
Posts: 124

Posted:

NOW we need to define 'heavy duty'.

Let the debate NOT begin.

This is truly a reading of 100%

ps. I'm outta my HOA soon ~ will be a renter in a COMMERCIAL apartment complex ~ cheaper.

GuyM1 (Ohio)
Posts: 318

Posted:

Can you provide the case? Is that the one that ended up costing in the 100's after all said and done?

JohnB83 (South Carolina)
Posts: 124

Posted:

you ALREADY have an attorney

the covenant in ? said: no trucks

your covenant says: no trucks of any type

MichelleK5 (New York)
Posts: 161

Posted:

Interesting and I completely agree with the ruling.

Pickup trucks, ones that are not used for commercial purposes are so common these days - just about every other household in the town where we own our house has one. The winters can be brutal here and the trucks are mainly used for snow removal of drive-ways, and hauling crap from places like Home Depot (for personal use.) I also don't think they have any affect on the property aesthetics, no different than SUV's.

JohnB83- I don't believe based on this judges reasoning, that the wording would have made a difference in their decision.

JohnB83 (South Carolina)
Posts: 124

Posted:

Quote:

Posted By MichelleK5 on 10/18/2017 2:11 PM
Interesting and I completely agree with the ruling.

Pickup trucks, ones that are not used for commercial purposes are so common these days - just about every other household in the town where we own our house has one. The winters can be brutal here and the trucks are mainly used for snow removal of drive-ways, and hauling crap from places like Home Depot (for personal use.) I also don't think they have any affect on the property aesthetics, no different than SUV's.

JohnB83- I don't believe based on this judges reasoning, that the wording would have made a difference in their decision.

how 'bout I park this ?

http://1.bp.blogspot.com/-zVJYP5UTdQc/ULgJVc3vbnI/AAAAAAACOEQ/W43d7fhdfow/s640/image-312.jpg

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By JohnB83 on 10/18/2017 1:36 PM
Based on the foregoing the Court finds:

13. The Plaintiff's restriction as to trucks are applied in this case is unreasonable, will not be
enforced and the injunction is denied.
14. The parking of a personal use pick-up truck used solely for personal use bearing no
commercial marking or modification could not be said to be aesthetically negative. Such
vehicles along with their cousins the SUV's, have become a staple of our society and to
prohibit them would unreasonably interfere with the owners right to use and enjoy their
property. Cultural perception evolve and change. Personal use pick-up trucks do not carry
the negative implication they might have 25 years ago. In no way could the parking of
these vehicles interfere with the quiet enjoyment or the property values of the condominium
residents.
15. This ruling does not apply to heavy duty commercial Pick-ups such asFord F-250 and
F-350 or a pick-up with commercial markings or commercial modifications or pick-ups
used for commercial purposes.
16. The Court reserves jurisdiction to award appropriate attorneys fees and costs.

What a freakin' mess.

Absolute mess! Here we have a judge stating that an F250 and F350 are now classified as heavy duty commercial Pick-ups. LOL.

The only reason that was added in is because the plaintiff did not own an F250-350 and the judge does not want to influence future cases. The new F150's and 250's are very similar in looks.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By JohnB83 on 10/18/2017 2:17 PM

how 'bout I park this ?

http://1.bp.blogspot.com/-zVJYP5UTdQc/ULgJVc3vbnI/AAAAAAACOEQ/W43d7fhdfow/s640/image-312.jpg

That would get you shot in my neighborhood!

JohnB83 (South Carolina)
Posts: 124

Posted:

I'm done.

DouglasM6 (Arizona)
Posts: 724

Posted:

Yea right............

JohnB83 (South Carolina)
Posts: 124

Posted:

You are not right, you are 1/2 left.

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