Posted on 12/05/2006 5:17:31 PM PST by managusta
A Jupiter man fighting to fly the American flag on a pole on his property is claiming victory in a judge's decision to award his attorney legal fees.
But the win for Boca Raton attorney Barry Silver's success in a foreclosure action appeal is part of a larger war between George Andres and his homeowner's association that isn't yet over.
Silver, who five years ago took on Andres' case pro bono, Thursday was awarded $126,225 — twice his regular fees.
"I hope that this teaches homeowners associations you just can't do that," Andres, a former U.S. Marine, said. "You can't make laws that violate people's constitutional rights, and that's what's happened here."
Andres for years has flown a freestanding flag on a 12-foot pole on the lawn of his home at 125 Doe Trail. The homeowners association claimed the flag must be flown against the house; Andres, who has a temporary injunction to fly the flag on the pole, said that method violates town codes.
The Indian Creek Homeowners Association Phase 3B, in achieving a permanent 2001 court order to remove the pole, was awarded more than $20,000 in legal fees and fines and filed a foreclosure lien on the property that he owns with his wife, Ann.
The association won the foreclosure ruling and then lost an appeal by Silver.
Andres got support from Florida Gov. Jeb Bush, and new federal and state laws to broaden homeowner rights. One signed into Florida law in 2004, allows homeowners to fly flags, protecting them from liens based on unpaid fines, and requires sellers to make complete disclosures before homeowners buy into an association.
I thought a person from Jupiter was called a Jovian.
Jupiter island sounds nice right about now.
What does the flag of Jupiter look like?
I interviewed Andres a few years ago on Rightalk radio. This is good news.
The islamists will have a field day with this one, some day.
Good, these fake local governments that are set up to be outside the constitutional restrictions we place on governments are finally getting controlled.
You don't have any trouble packing enough minutes into a twelve-hour day.
You look up at Earth's moon and say, "Which one is that?"
You always remember to anchor your car to keep the wind from blowing it away.
Someone says they feel like they weigh a ton, and you look to see if it's one of your relatives.
Where is the term pro bono used?
Homeowners Associations are the new Nazis!! Most are AWFUL!
Third paragraph.
And when you win your court case, you can jump forty feet in the air because of Earth's much lower gravity.
I guess he'd have reason to be Jovial.
You've been there?
Mr. Andres' house isn't on the island.
I've been there, a few times.
Lawyer scum.
Nobody reasonably bills $63,112.50 to fight a simple flag flying case. I'm not a lawyer (THANK GOD!!!) but have taken things like this to court myself, pro se, and there is NO WAY, that this lawyer had to put over five WEEKS (at $300/hour) of time into this case. I had to figure out where/how to look up case law, write the memorandum of law, argue it in court, etc. I didn't even take more than five weeks.
We moved from Jupiter a few years ago.
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