Filipino couple get sued for bean garden
Edward K. Gilding
>Some of these community associations are acting unconstitutionally by
>telling us what to plant and what to pull out. It might also be a
>case of discrimination. We took pictures of houses in that same
>subdivision that have plants growing over their fences. The
>Kleinbrook Association did not send any of these people a court order
>to remove their plants. Whatever the case, I'm sick of being harassed
>by deed restrictions and people who can't mind their own business.
>What I hate more than bullies, are bullies that think they can
>intimidate a peaceful family and get away with it because they have
>friends who studies "law". I thank God for the lawyers who took this
>case and shoved their crummy deed restrictions down their throats.
>Hurray for the peaceful gardeners!!!
>
>To read more about this recent case, got to this WWW page.
>
>http://www.crl.com/~deguzman/gardenlawsuit/gardenlawsuit.html
>
>Reynold M. de Guzman
>Email: degu...@a.crl.com
This stinks, it really does. We have people in our neigborhood who park
cars on their weedy ugly lawn and let their roof blow off their garage
and dont fix it, while we but up a antenna and all hell breaks loose.
There are many reasons, even though people call humans "The social
animal" thats a bunch of cr*p. The truth is people just judge things and
they dont change their mind, they dont see the big picture. The big
picture is, if its on paper, in the conventance it sticks, if Rey didn't
violate the covenant then more power to him. If thats the case, call the
media to drive with you through your neighborhood and broadcast every one
elses homes, ones that do violate the covenant. And look around the guys
house thats leading this charade, im sure he's got SOMETHING wrong with
his house. I can see if its a town house but if its some suburb then
they should shut their lips. Why do I sympathize? Here, where people
move out to value the COUNTRYSIDE they move to get away from it all.
Turns out there are two different types that move to the agricultural
areas (actuall ZONED for farming). The ones that enjoy gardening,
poultry, or animals. The other prima donnas who think that they can just
take over and have their own little piece of "heaven" (which it really
seems like they just want a suburb). They make rules like "No Chickens,
No. Apiaries, No Rabbits, Horses allowed" BS, Which one you think is
most disturbing due to its smell? The horse, but what the hell does a
rabbit do? why should that bother the neighbors. One neighbor had the
audacity to follow us around while we were looking at property to "see
whos looking at next door" she even told the realtor that "You better
find good people" HAH! that old rag was so pale looked like she didn't go
out of her house in months. And she bragged that her son was a doctor
and bought this house (next-door, but we didn't move or buy that place,
whata whitch) for millions.
I tell you, is nothing sacred, should become a rebel and raise turkeys in
an apartment. Or live on the edge, grow greenbeans.
Reynold M. de Guzman
Channel 13 Eyewitness news 6:00 PM Sep. 29, 1995
Shara Fryer/Newscaster:
THEY WERE JUST TRYING TO SAVE A COUPLE OF DOLLARS AND GET A LITTLE
EXERCISE. BUT INSTEAD, THEY WERE SLAPPED WITH A LAWSUIT. THE FILIPINO
COUPLE NEVER DARED TO THINK THEIR GREENBEAN GARDEN WOULD CAUSE A
PROBLEM, BUT IT DID. AND THEY HAD TO GO BEFORE A JUDGE TO SETTLE A
NEIGHBOR'S COMPLAINTS. VICENTE ARENAS HAS MORE.
Vincente Arenas/Reporter:
THE GREENBEAN DEBATE STARTS IN THIS QUIET NORTH HARRIS COUNTY
NEIGHBORHOOD. TWO YEARS AGO REYNALDO AND SOLEDAD DEGUZMAN PLANTED A
GARDEN, IN THEIR BACKYARD. DURING COOLER WEATHER, GREENBEAN VINES
GROW TALL HERE, ALONGSIDE OTHER RARE ASIAN VEGETABLES. BUT A NEXTDOOR
NEIGHBOR DIDN'T LIKE THE BIG PLANTS...AND STARTED COMPLAINING. VICENTE
ARENAS/EYEWITNESS NEWS:
The fuss over the vegetables got so bad, the Kleinbrook Association
got together and came to the Harris County Courthouse and asked a
judge to order the de Guzmans to get rid of their garden.
Reynaldo S. de Guzman:
These are just some of the examples...I have some herbs...
Vincente Arenas:
SO THE DEGUZMAN'S SHOWED UP WITH EVIDENCE IN HAND. GREENBEANS, BITTER
MELONS, AND A WHOLE LOT MORE.
Soledad de Guzman/Gardener:
I didn't think this was a nuisance because actually this gives us a
kind of exercise and we really enjoyed planting and picking the beans
you know and I didn't think it was a distraction from the appearance
of our house.
Vincente Arenas:
WHEN IT WAS OVER, THE JUDGE SAID THE DE GUZMAN'S COULD KEEP THEIR
GARDEN FOR NOW, GREENBEANS AND ALL. IN THE COURTROOM, RUSSELL SIMON
COMPLAINED THE DE GUZMAN'S VIOLATED KLEINBROOK'S DEED RESTRICTIONS
WHEN IT CAME TO YARDS. SIMON CALLED THE GARDEN AN EYESORE. BUT
OUTSIDE, HE WOULDN'T TALK TO US ON CAMERA. (Speaking with Russell
Simon/Neighbor) I can't get just one statement from you just saying
what the bottom line is.
Russell Simon:
...not right now...
Vincente Arenas:
OFF CAMERA SIMON SAID THE FIGHT'S NOT OVER. HE'S GOING TO A HIGHER
COURT. MEANTIME THE DEGUZMAN'S PLAN TO COUNTERSUE SIMON FOR THE
MONEY'S HE COST THEM IN ATTORNEYS' FEES, AND TIME LOST AT WORK. ALL
TIME LOST AND TROUBLE'S WORTH IT THEY SAY, THEY'VE GOT THEIR GARDEN
BACK, GREENBEANS AND ALL. VICENTE ARENAS 13 EYEWITNESS NEWS.
==============================================================
What I can't figure out is why are these guys are so mad about beans?
Some of these community associations are acting unconstitutionally by
telling us what to plant and what to pull out. It might also be a
case of discrimination. We took pictures of houses in that same
subdivision that have plants growing over their fences. The
Kleinbrook Association did not send any of these people a court order
to remove their plants. Whatever the case, I'm sick of being harassed
by deed restrictions and people who can't mind their own business.
What I hate more than bullies, are bullies that think they can
intimidate a peaceful family and get away with it because they have
friends who studies "law". I thank God for the lawyers who took this
case and shoved their crummy deed restrictions down their throats.
Hurray for the peaceful gardeners!!!
To read more about this recent case, got to this WWW page.
http://www.crl.com/~deguzman/gardenlawsuit/gardenlawsuit.html
----------------------------------
Reynold M. de Guzman
Email: degu...@a.crl.com
WWW: http://www.crl.com/~deguzman
----------------------------------
Kcera2
a huge hole in his back yard without a permit or regard to water /electric
lines.dumped the nasty clay soil illegally. 2yrs later yards on either
side are half gone, having fallen into his hole. The hole is filled with
weeds. I pulled down alot of disgusting ugly shrubs from a retaining wall,
paidd $3000 to have the 150yo dry laid wall repaired(that neighborhood
children had slowly destroyed)Put up a lovely lattice fence, planted
native trees& shrubs. The neighbors are in my face every day about it, but
Mr. Army Reserve with the weed filled hole is perfect. Go, figure. Smells
like discrimination to me.
mule
housing project. The #%&@! administrator wouldn't even let people (on low
incomes) have plants in pots or planters that where actually a part of
the house. Just certain flowers she approved of. The community had the
area for a garden and certainly the economic need.
Once we stroked the administrators ego and made her look good, she went
for it. Otherwise we would have had to go above her to HUD. We secured
written commitments from the residents and received free plants for
landscaping (fruit trees and shrubs).
Some people don't like gardens at all. Some people grew up having to work
in gardens and really hated it. Others associate it with bugs and don't
feel comfortable around them. In one community garden, others didn't like
the gardening style of some of the other gardeners (didn't plant in rows,
didn't remove all the weeds, didn't spray for pests, etc..) and was a
source of conflict.
You know, I don't care to be around someone who's eaten alot of beans
either. Maybe that's the problem? :)
mule
natural world and furthering of the dichotomous thinking imposed.
Its either, or; republican-democrat; yes-no; black-white
Blah!!!!
Reynold M. de Guzman
>The following is the Closed Caption transcript from:
>Channel 13 Eyewitness news 6:00 PM Sep. 29, 1995
Just some followup on the gardening case that my parents were forced
into:
The following are taken from the Defendant's First Ammended Answer:
Kleinbrook's prosecution of this civil lawsuit constitutes an
unreasonable, and arbitrary and capricious enforcement of restrictive
covenants pursuant to Tex. Prop. Code Ann. 202.004. Essentially,
Kleinbrook is enforcing a deed restriction in a manner never
intended, to bar one resident from keeping a vegetable garden in a
resident's backyard, while permitting other neighbors to raise
fruit trees and shrubs that are visible. When a community association
has nothing better to do than to regulate its residents'
backyards, it crosses over the line into arbitrary and capricious
enforcement of the irrational.
Kleinbrook's prosecution of this civil lawsuit amounts to
discrimination based upon the Defendants' national origin as
Filipinos, which contravenes Tex. Prop. Code Ann. 202.004.
Essentially, Kleinbrook is enforcing a deed restriction against the
Defendants in a manner that it would never enforce those deed
restrictions against other residents.
The deed restrictions are vague and ambiguous, and Kleinbrook's
notices and demands that Defendants cut back their "shrubbery"
constitute legally insufficient notice of any violation arising from
the Defendant's decision to raise string beans in their own back yard.
By permitting other Kleinbrook residents to allow trees, shrubs and
plants to be visible over fences, Kleinbrook has waived its right, if
any, to enforce its deed restrictions to prohibit Defendants' from
permitting their trees, shrubs and vegetables to be seen above their
fence line.
Defendants whould show that Kleinbrook's actions violate their
constitutional rights under Article 1, Section 19 of the Constitution
of the State of Texas and under the Fourteenth Ammendment to the
United States Constitution.
If you have any comments for my dad, write to him at:
deguz...@aol.com
Nick Maclaren
have a damn sight less litigiousness than the USA. Such a case would
be extremely unlikely to occur in the UK. So what on earth is
uk.rec.gardening doing in the newsgroups line?
Nick Maclaren,
University of Cambridge Computer Laboratory,
New Museums Site, Pembroke Street, Cambridge CB2 3QG, England.
Email: nm...@cam.ac.uk
Tel.: +44 1223 334761 Fax: +44 1223 334679
Reynold M. de Guzman
>poultry, or animals. The other prima donnas who think that they can just
>take over and have their own little piece of "heaven" (which it really
>seems like they just want a suburb). They make rules like "No Chickens,
>No. Apiaries, No Rabbits, Horses allowed" BS, Which one you think is
>most disturbing due to its smell? The horse, but what the hell does a
>rabbit do? why should that bother the neighbors. One neighbor had the
This about the horse, that's very good hahaha...
>audacity to follow us around while we were looking at property to "see
>whos looking at next door" she even told the realtor that "You better
>find good people" HAH! that old rag was so pale looked like she didn't go
>out of her house in months. And she bragged that her son was a doctor
>and bought this house (next-door, but we didn't move or buy that place,
>whata whitch) for millions.
Hmmm... some people have nothing better to do than be busy bodies and
poke into other peoples business. I wouldn't have moved next to that
person either, I feel sorry for whoever would.
>I tell you, is nothing sacred, should become a rebel and raise turkeys in
>an apartment. Or live on the edge, grow greenbeans.
Yes, we like to live on the edge.
Bala Pillai
>degu...@a.crl.com (Reynold M. de Guzman) wrote:
>>The following is the Closed Caption transcript from:
>>Channel 13 Eyewitness news 6:00 PM Sep. 29, 1995
<snip>
Good on you. Aaahhh, the joys of watching stringbean plants grow.
Reminds of my grade school days in Malaysia. Had to convince my little
sisters in joining me to cut one bamboo from the town's Lake Gardens
for stakes.
A great plant for children to watch the bounty of mother earth, I'd
say.
\|||/
(. .)
*----------------------------ooO-(_)-Ooo-------------------------------------*
| Bala Pillai, Netballer For here we are not afraid to follow |
| Sydney,now (does it matter?) the truth wherever it may lead, nor |
| ba...@starlazer.com to tolerate any error so long as |
| Fax: +61.2.4178871 reason is left free to combat it. |
| Ph:+61.2.4178824 Thomas Jefferson |
*----------------------------------------------------------------------------*
Shane Baker
>The following is the Closed Caption transcript from:
>Channel 13 Eyewitness news 6:00 PM Sep. 29, 1995
<snip>
>What I can't figure out is why are these guys are so mad about beans?
And what *I* can't "figure out" is why Americans constantly spam
essentially local issues??!!
We don't do it to you!
Shane
_______________________________________________________________
Shane Baker - sba...@pcug.org.au
Read aus.pets - for an Aussie perspective on pet ownership
Australian Dog Page: http://www.pcug.org.au/~sbaker/dogs.htm
Canberra - Australia's National Capital.