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'Natural' yard could land owner in jail
Houston Chronicle ^ | March 24, 2003 | By TERRY KLIEWER

Posted on 03/25/2003 11:35:19 AM PST by HairOfTheDog

'Natural' yard could land owner in jail

By TERRY KLIEWER
Copyright 2003 Houston Chronicle

Lisa Wright makes it a point to stop and smell the flowers every day. She never fails to hear birds singing. She seeks to be one with nature, and the place where she chooses to do so is her own front yard.

That apparently doesn't suit the Sundown Glen Community Association. The neighborhood group has nothing against flowers or birds or trees, but it isn't happy at all about Wright's front yard.

And because of that, she may be headed to jail.

"They claim my yard doesn't conform to subdivision rules and want me to cut it down," she said in a recent interview. "But there are no rules that I'm breaking, and no one that I'm bothering. It isn't right."

The community association is in Harris County Civil Court at Law No. 2 to get Wright to overhaul her self-described "natural habitat" front yard to bring it into line with the others in her small west Harris County subdivision.

The association isn't telling Wright what to plant, though. It isn't even telling her what not to plant. It mainly wants less of the native Katy Prairie vegetation that's already there.

"Ms. Wright entered into an agreed judgment, which the court approved, to cut back on the growth in her front yard and to keep it maintained," said Jane Janecek, attorney for the homeowners group.

Wright's efforts so far to cut back her yard were found inadequate by Judge Gary Block in a hearing last week. He ordered her to return to court at 9 a.m. Thursday to start a 24-hour jail sentence for contempt of his previous order that she heed terms of the 2002 mediated agreement, or so-called agreed judgment.

The slight, black-haired, 55-year-old defendant laughed nervously last week at the prospect of going to jail. But she said she remains dead serious about what she's doing and why.

"I've never been in a spot like this, and I don't like confrontation," she said. "But when I'm pushed up against a wall -- like this -- if I'm wronged, then I'll fight. I'm not hurting anyone with my yard."

Wright built her yard painstakingly over the past 10 years, starting from an almost bare-dirt yard with one broken Siberian elm sapling. Since then, she has cultivated a collection of red cedars, crepe myrtles and wood sorrel ground cover, along with an overcup oak, a Barbados cherry tree and a Mexican plum. Dozens of other plants, large and small, dot the yard.

The effect is a small-scale version of the Houston Arboretum or, as she notes pointedly, "the kind of yard you see in parts of River Oaks or in places along Memorial Drive in the villages (area)."

It's not, however, what you see elsewhere in Sundown Glen, an early 1980s subdivision comprising several square blocks of mid-priced homes located north of Katy Freeway west of Barker-Cypress Road. Most homes have ordinary grass lawns, a few ornamental shrubs and a shade tree or two.

Wright's yard stands apart, but not sufficiently to warrant jail time, argues her attorney, Helen Mayfield. This week, in order to keep Wright out of jail, Mayfield plans to file a motion to stop enforcement of the contempt sentence and also a request for a rehearing on the agreed judgment.

Wright admits her case would seem to be a run-of-the-mill dispute between a homeowner and a neighborhood association.

Throughout Harris County, such groups and their property managers play major roles in providing amenities such as playgrounds and swimming pools that aren't supplied by cities or the county.

They also enforce the deed restrictions that define permitted and prohibited land uses and set at least general standards for property maintenance. Deed restrictions are initiated by landowners and developers and, unless periodically renewed, usually expire in a specified period of years.

Deed restrictions serve purposes akin to zoning regulations in otherwise uncontrolled parts of Harris County. They are a never-ending source of homeowner association friction.

However, Wright's fight with her neighborhood association isn't the everyday variety for a couple of reasons:

For one thing, she is a landscaper, albeit currently unemployed. She claims to know more than most about what constitutes "natural habitat." The Texas Department of Parks and Wildlife awarded her a citation for her yard last spring.

"This isn't just overgrowth," she said. "I put it together by design and I knew what I was doing."

Secondly, Wright's case is a bit unusual in that she contends she didn't know exactly what that agreed judgment from last year ultimately would amount to.

"I had a stroke and was still recovering when I was in court being told to do this and that or go to jail," she recalled. "I had some very poor advice."

In fact, she recently hired Mayfield because she felt she earlier had been misled about what the agreed judgment called for. Both attorney and client say they wouldn't agree to the same judgment today.

Mayfield thinks the agreement should be revised because it makes "unreasonable demands on the woman. It calls for an inventory of every single plant in her yard. No one else in the neighborhood has to do that.

"It says she has to mulch -- what if she uses compost? It says her house has to be visible from the street, which it is. But no one else has to promise that."

The heart of the pact is Wright's promise to keep her yard pruned, trimmed and maintained, but it sets no specific standards.

Wright says she is maintaining her yard adequately; the association says she isn't. Wright says she's had support from her neighbors; the association says it's been getting complaints. There is evidence to support both sides.

Whether she is being forced to meet tougher standards than her neighbors is moot, contends Janecek, Sundown Glen's attorney. "What she agreed to may go beyond what's in her deed restrictions," she said. "But it's what she agreed to."

But Janecek conceded that deed restrictions often are generic and "rely on reasonable interpretations by reasonable people." Mayfield doesn't disagree:

"I think the question here is really what's reasonable. This isn't."


TOPICS: Constitution/Conservatism; Culture/Society; US: Texas
KEYWORDS: communityassns; nomowletgrow; propertyrights
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To: kjam22
I read all your posts, you're a self-assuming snob who has no respect for real property rights and properly belong back in kindergarten until you graduate.
141 posted on 03/25/2003 6:52:55 PM PST by Old Professer (Every generation's war is a revelation to them.)
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To: HairOfTheDog
Good night nurse - go to LP and check yourself out.

Cheers!
142 posted on 03/25/2003 6:57:37 PM PST by lodwick
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To: Old Professer
hundreds and hundreds of bean sprouts growing 3x as fast as the grass temporarily trashes any lawn.
143 posted on 03/25/2003 6:57:45 PM PST by Rebelbase
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To: HairOfTheDog
She should have 300 pounds of rock salt delivered and then spread it all over the entire yard. A little water and no one will ever have to worry about her nonconforming vegetation again.

If there are no preset rules that define what can and can not be in her yard, then these fools should STFU. She could always make things MUCH worse and really lower property values.

Judge Block seems to be one of those judges who follow the money. Put money in his pocket and he will follow you all day long. Contempt of court is a judges way of punishing you for not kissing his arse
144 posted on 03/25/2003 7:20:10 PM PST by Rasputin_TheMadMonk (Yes I am a bastard, but I'm a free, white, gun owning bastard. Just ask my exwife.)
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To: Old Professer
I said > "Certainly the wood sorrel is invasive, other species she has may be also."

Hardly nasty, was it? Now, how could I have known that other than by personal experience or other expertise?

He responded: Wood sorrel (oxalis) is a domestic plant that is probably better suited for her ecological niche than lawn grass.

As if I didn't know what oxalis is. Then he goes on with more explanation characteristic of the usual "native plant" snob. He demonstrated a lack of respect for the wishes or preferences of the neighbors without an expressed caveat to the governing covenants of the neighborhood. Those people have property rights that deserve respect, whether anyone likes it or not.

He continued with the usual glib disdain:

I realize that some people love lush green lawns that can only be achieved by poisoning everything else.

"Poisoning everything else"? As if everyone who uses a pesticide is an ignorant, destructive and thoughtless boob. IMO, that deserved a rebuke. It is total garbage and I don't give a crap what you think about it. To back that up, how about a quote from the California Native Plant Society:

“Plants can sometimes by removed by hand, especially where invasions are freshly started.” “Piecemeal removal simply does not work.” “The only answer seems to be chemical, and there are some relatively benign herbicides (RoundUp®, for example) that seem to do the trick. Herbicide should be used with caution, but in many cases there are seldom viable alternatives with the limited labor pools and finances of the conservation organizations. Source: Note 182. How about what the Nature Conservancy thinks? “We encourage preserve managers to include a number of tools in their tool-boxes. Sometimes weeds can be best controlled by hand pulling, other times by pulling with mechanical tools. Sometimes a pulled weed rapidly grows back from the rootstock, presenting an even worse problem the next season. Judicious applications of an appropriate herbicide is often the best remedy. Many habitats are best treated by using controlled burns, flooding, or other habitat events which were natural, but which had been previously suppressed. Biocontrols have also been used with success.” (The source on this quote is dead.) You can go here though and get a general idea how important herbicides are to the TNC program (as much as I can't stand their raid on property rights, they occasionally do some good science).

Here are some of the herbicides TNC uses: 2,4-D, Clopyralid, Fluazifop-p-butyl, Fosamine Ammonium, Glyphosate, Hexazinone, Imazapic, Imazapyr, Picloram, Sethoxydim, and Triclopyr.

Finally, I'm going to add a quote about my book that encompasses this very topic from Dr. Jennifer Nielsen, a director of the USGS Biological Research Division in Alaska:

Clear, concise, and forward thinking in a manner seldom seen in the current literature on this topic. The vision of resource management presented and the sea change of consciousness, necessary for the implementation of sound policies, deserve a broad readership. I guess that qualifies me as something of an expert, doesn't it? If you still don't get it, you might read some of the others.

Finally, if you still think my tone was unwarranted, once he had tacitly acknowledged he'd gone over the line, I responded with a measured explanation of why his earlier response was a problem. Why would I bother if my sole purpose was to be crappy? If you (or he) understood or had witnessed how destructive this bias against pesticides has been to natural habitat, you wouldn't have called my reaction rude, you would have been surprised at my forbearance.

145 posted on 03/25/2003 7:38:45 PM PST by Carry_Okie (The environment is too complex and too important to be managed by politics.)
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To: Old Professer
Oh...are you the spell checker? Thanks for the reminder.
146 posted on 03/25/2003 8:00:29 PM PST by goodnesswins (Thank the Military for your freedom and security....and thank a Rich person for jobs.)
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To: Carry_Okie
Say it again, and again.....
147 posted on 03/25/2003 8:02:06 PM PST by bigfootbob
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To: wideminded
The woman in the red outfit earlier in this thread is not the homeowner, Lisa Wright, and therefore has nothing to do with this thread. It is a picture of "Ming Zeng, a falun gong practitioner."

That is not the picture we put up originally. The one we posted was apparently replaced with this one.

148 posted on 03/25/2003 10:08:17 PM PST by DaughterOfAnIwoJimaVet ("Eleven. Exactly. One louder.")
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To: Old Professer
I always thought property rights was an interesting term. Obviously property has no rights.... so we are talking about the rights of people who own property. So it would follow that the more property a person owned... then I guess theoretically the more rights they would have.

Your understanding of property "rights" must be a little foriegn to the common understanding of "rights". In your mind the lady has the "right" to do whatever she chooses with any piece of property she owns. Yet our forefathers felt that a persons "rights" only extended to the point that they didn't damage or contrain another persons "rights". So if we have two persons who are you know... property owners with all of those wonderful property "rights" ..... well if one of them manages their property in a manner that impacts the financial aspect of the others.... how do you decide whose "rights" to uphold. Maybe some people buy property to own and make a profit from. And that's their "right". They can afterall do whatever they want with that property and own it for whatever purpose. So why aren't you rushing to defend American citizens "rights" to not have their property value damaged??

Here's what I really think. I think that when a person decides to live in a community that they generally have to choose to give up some of their God given "rights". Lots of times the God given right to the pursuit of happiness... just so we can all get along..... depending on what it is that makes a person happy. I like to drive fast, yet I surrender that pursuit of happiness everytime I drive my car. I like to play loud rock and roll because I'm a musician and it makes me really really happy, but I don't do it at times that it bothers the neighbors. It's life, it's the way it is.

Honestly, I think that most persons who go around "demanding their rights" all the time are selfish, immature individualists who haven't grown up enough to see past their own glorious desires.

This isn't about property rights. There is no way you can argue that it is about property rights and argue fairly and justly for everyone involved. But you'll never understand that.

149 posted on 03/26/2003 3:48:20 AM PST by kjam22
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To: Xenalyte; John H K
Bacon's dad suffers from an extreme form of the obsession. He used to mow his lawn three or four times a week.

He still does in the summer time.

150 posted on 03/26/2003 12:15:21 PM PST by Bacon Man (Bacon: Mmmmmmmmmmmmmmmmmmm, baconny.)
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To: Rebelbase
Kudzu is way better.

In Texas, homeowner's associations operate above the law, and inhibit due process. Ask any Texas lawyer with HA experience.

151 posted on 03/26/2003 1:21:53 PM PST by Cobra Scott
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To: DaughterOfAnIwoJimaVet
That's some lady named Zeng, not her.
152 posted on 03/28/2003 12:17:56 PM PST by stands2reason
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To: CobaltBlue
It's more than just poetry, it's an excellent song by Rush.
153 posted on 03/28/2003 12:24:50 PM PST by stands2reason
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To: Old Professer
no respect for real property rights

Doublethink. What do you think CC&Rs are?

154 posted on 03/28/2003 12:40:22 PM PST by Roscoe
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To: stands2reason
Yeah, I see that. There was a different photo at that URL when I posted it.
155 posted on 03/28/2003 2:43:13 PM PST by DaughterOfAnIwoJimaVet ("Eleven. Exactly. One louder." - Nigel Tufnel)
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To: Roscoe
Evidence of brain damage.
156 posted on 03/28/2003 5:43:14 PM PST by Old Professer (Every generation's war is a revelation to them.)
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To: HairOfTheDog
The ladys front yard sounds just like mine. I live in a 50 year old subdivision in the Memorial area of Houston. We have deed restrictions but apparently there is nothing wrong with a heavily wooded yard. The only difference is mine is really natural & she planted hers.
157 posted on 03/28/2003 6:06:55 PM PST by Ditter
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To: Cobra Scott
In Texas, homeowner's associations operate above the law, and inhibit due process.

How is it "above the law" and what "due process" isn't being granted when one party to a mutual agreement enforces the legal terms of that agreement? The situation sounds like nothing more than the right of people to enter into contracts with each other, hardly a situation that could be described as being "above the law."

I've said a bazillion times that I personally would never buy into a neighborhood with a HOA on a bet. In my opinion, many consist of busybody little prigs with a raging Hitler complex who polish their jackboots at night and want every blade of grass in their neighbor's yard just so. However, even if the HOA is the biggest collection of bluenoses since Mrs. Grundy, they still have every right to enter into contracts and enforce the terms of those contracts if breached.

As far as I'm concerned, its game, set and match to the little Hitlers.

158 posted on 03/28/2003 6:23:51 PM PST by strela ("a' poppin' off at Pop's Sodium Shop")
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To: strela
However, even if the HOA is the biggest collection of bluenoses since Mrs. Grundy, they still have every right to enter into contracts and enforce the terms of those contracts if breached.

You're confusing them.

159 posted on 03/28/2003 7:08:08 PM PST by Roscoe
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