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Started By
Message
1
Posted on 6/20/18 at 9:52 am to Ace Midnight
I've spent way too much time in Westlaw research this this morning.
Posted on 6/20/18 at 10:02 am to NYCAuburn
FYI Poultry = Chickens
Posted on 6/20/18 at 10:14 am to NYCAuburn
quote:
Usually legal contracts are clearly defined, worded specifically and very lengthy for a reason. If you can interpret the wording and sentence structure in a certain way based upon the wording then usually its your case to win.
Then why are you still arguing. You obviously know the answer and are willing to spend a lot of money to prove it.
quote:
. The wording is ambiguous at best and I would argue that both the wording and the intent........
True enough. How much is he willing to spend to argue this in court?
I’ll take the case on an hourly rate and argue it vehemently.
Posted on 6/20/18 at 10:22 am to NYCAuburn
quote:
Mini horses are allowed in more places than you might think BTW
Fair enough.
quote:
Well part of the restrictions are not to cause smells so if there was a nuisance it wouldnt be allowed.
Chicken coops stink to high heaven of chicken shite, baw.
Good luck.
Posted on 6/20/18 at 10:27 am to Ace Midnight
i just want this to happen at this point.
Posted on 6/20/18 at 10:28 am to PillageUrVillage
quote:yea you should threaten a lawsuit on not keeping them mosquitoes out if they dont let you ave your chickens.
No animals, livestock, insects, or poultry shall be kept
Damn baw! How they expect you to keep the mosquitoes and roaches out?
Posted on 6/20/18 at 11:20 am to NYCAuburn
I'm an attorney and I don't think you have anything to worry about.
Posted on 6/20/18 at 11:20 am to Mett's Stache
Posted on 6/20/18 at 11:38 am to AlxTgr
quote:
I don't think you're even trying to have an honest discussion at this point.
Well thats not true in the slightest. I simply am pointing out that the hangup people keep having "poultry" in the first half of the sentence does not mean anything so long as the second half(exception) is honored. Everyone who cant clearly see this and conditionally passes by the first words of "no animals" is not having an honest discussion.
quote:
This is wrong.
no it exactly correct, poultry, livestock, etc.. are animals
quote:
There is a rule, then there is an exception
Precisely what I have been getting at. The exception is where the real determinations are here since no animals at all are allowed to this point in the wording of the covenant
quote:
Exceptions will be read strictly. You should, and will lose this
So since neither "usual" or "pet" are defined anywhere else in the contract, please read it "strictly" for me and tell me where I will lose. That is what I am looking for here. I have identified each of the three fallacies in the "usual pet" exception.
Usual pets--its pretty clear that hens can be considered usual and pets in this time and my location
Not breeding
Not used for commercial purposes
Posted on 6/20/18 at 11:40 am to Chad504boy
quote:
Where the whole part about no fricking chickens is allowed?
Yes right next to where it says no fricking animals...Do you think they allow cats and dogs?
Posted on 6/20/18 at 11:40 am to tigerfoot
quote:
FYI Poultry = Chickens
Wow, did you also know Dog=Animal, just an FYI
Posted on 6/20/18 at 11:42 am to NYCAuburn
quote:
Yes right next to where it says no fricking animals...Do you think they allow cats and dogs?
have fun with this fight trash ball. Chickens stink, they are noisy, they are the exact type of nuisance not wanted.
Posted on 6/20/18 at 11:42 am to Tigertown in ATL
quote:
How much is he willing to spend to argue this in court?
My HOA wont spend a dime if I can show how bad they have it written
Posted on 6/20/18 at 11:43 am to Chad504boy
quote:
Chickens stink, they are noisy,
A few hens, cared for and cleaned up after are neither
Posted on 6/20/18 at 11:44 am to NYCAuburn
quote:Because you can't have any animal at all, especially poultry. Chickens are, in fact poultry. You have the burden of showing that a chicken fits in the exception. You should lose. If you win, the person making the decision should be removed.
So since neither "usual" or "pet" are defined anywhere else in the contract, please read it "strictly" for me and tell me where I will lose. That is what I am looking for here. I have identified each of the three fallacies in the "usual pet" exception.
Posted on 6/20/18 at 11:44 am to NYCAuburn
quote:
A few hens, cared for and cleaned up after are neither
yeah, unfortunately nobody agrees with you.
Posted on 6/20/18 at 11:44 am to NYCAuburn
Right. And the other guy with four are none of those things. Rules were made for reasons
Posted on 6/20/18 at 11:49 am to AlxTgr
quote:
Because you can't have any animal at all, especially poultry.
There is not an "especially" its all animals to the point of the exception in the covenant. And yes I can have an animal if it fits the exceptions. This is just like saying "no man, women or child is allowed to purchase alcohol, except if they have id and are over 21" IMO
quote:
. You should lose.
Again, I ask you to show me where in the exception that a hen couldnt fit the exception
Posted on 6/20/18 at 11:58 am to NYCAuburn
quote:
I ask you to show me where in the exception that a hen couldnt fit the exception
what are they excluding with poultry if a chicken can be an exception?
This post was edited on 6/20/18 at 11:59 am
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