The Down Range Forum
Member Section => Down Range Cafe => Topic started by: Pathfinder on December 02, 2009, 06:43:15 PM
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http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/P0/ (http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/P0/)
To pre-empt TAB, the HOA does not prohibit flagpoles, his pole was determined to violate an aesthetics clause. At the suggestion of one of the posters, I sent a note to the law firm at http://www.coateslaw.com/CM/Custom/Contact.asp (http://www.coateslaw.com/CM/Custom/Contact.asp)
"I just read the report in the Richmond Times-Dispatch indicating that you were representing the Sussex Square HOA in its actions against Col. Van T. Barfoot. I have only one question for you.
How dare you take this action against a retired vet, and a Medal of Honor recipient?
Especially since the VA Code clearly allows his flagpole, to whit:
"55-513.1. Flag display; necessary supporting structures; affirmative defense.
A. Unless specifically prohibited by the association’s rules and regulations or architectural guidelines provided in the disclosure packet required pursuant to � 55-512, the association shall not prohibit any lot owner from displaying the flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States.
B. In any action brought by the association under � 55-513, the lot owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitations pertaining to the display of flags or any flagpole or similar structure necessary to display such flags was not contained in the disclosure packet required pursuant to � 55-512."
Either your firm is utterly incompetent, or venal in the extreme to take money to support - illegally - the HOA's actions.
Shame on you!
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They will never learn...
(http://i296.photobucket.com/albums/mm182/twyacht/1222351855204.jpg)
It's best I just post this picture, as I am under a blanket profanity restraining order..
If I were Col. Barfoot, I would have it taken down,,,,,,,
for a taller one!!!!!!
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Cant he just flash the medal and get them all to shut the hell up!
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there is only 1 reason they should make you take a flag pole down, assuming it does not violate local codes.
that reason is, its unsafe.
I have some pics some where of some repair work I had to do to a house when a 50'+ foot pole can down in a wind storm. Long story short, it was only in the ground about 18" and only had 1 bag of concreate.( I build fences stronger then that !)
In this case, if the HOA has some cluase saying the yard must look a nice and you put a butt ugly flag pole in... HOAs are the devil, I will never buy a house that has a HOA.
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Wish I lived nearby. I'd volunteer to raise that flag again on Saturday and stand guard.
I'm so glad the C&Rs in my subdivision expired and that our HOA has absolutely no power what-so-ever. An attempt to re-instate the C&Rs garnered less than 10% support. Even with a majority, new C&Rs would have only applied to those homeowners who signed them.
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Followup story:
http://www2.timesdispatch.com/rtd/news/local/article/FLAG031_20091202-234201/309270/ (http://www2.timesdispatch.com/rtd/news/local/article/FLAG031_20091202-234201/309270/)
Seems this is snowballing against the HOA. I might send money to Henrico for his defense fund even though a law firm has volunteer to defend him.
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Un-fing-believable.
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Wouldn't it be a gesture of good will if BHO, (who jumped to a Harvard Professor's side, and than had some beer), kinda used his bully pulpit to say a few words about a REAL American??? Tell the HOA to BTFO, and earn some brownie points with the people???
Wait,....uh,..wishful thinking again,....nevermind...
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Sadly, in today's environment, this is how a real American Hero is treated. The people in his HOA, as well as the entire country, owe this man a debt that can never be repaid, and this is how they go about showing their appreciation. What complete horseshit!!
Col. Barfoot, I salute you, sir, and thank you for all that you have done to keep this country that I love free. May God bless you in your quest to continue flying Old Glory, and may God richly reward you for your sacrifices.
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things like this seem to work themselves out.
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Is it just me or does it seem that there are people in every country that just need a good spanking/hiding or tapped on the head at birth. How dare they do that. Hell I am not even american at it makes my blood boil.
Speaking of which have a look at these pieces of filth (best i could call them with out swearing)
http://bigpondnews.com/articles/TopStories/2009/12/04/Duo_urinate_on_Brisbane_Anzac_memorial_401762.html?ref=BPNT
I have trouble of thinking up a suitable punishment no dount the judge will kiss em on the forehead and aplogise to the reprobates for putting war monument where they wanted to urinate.
Personally I would love to see these mongrels marched in front of diggers armed with bullwhips. Hey maybe the HOA needs a bit of the same treatment?
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I hope her crotch hair caught fire >:(
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Wouldn't it be a gesture of good will if BHO, (who jumped to a Harvard Professor's side, and than had some beer), kinda used his bully pulpit to say a few words about a REAL American??? Tell the HOA to BTFO, and earn some brownie points with the people???
Wait,....uh,..wishful thinking again,....nevermind...
I guess he thought about it long enough and finally got off his ass and made a decision about this one:
http://www.foxnews.com/politics/2009/12/08/obama-spokesman-silly-allow-vet-fly-flag/%20/?test=latestnews
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I guess he thought about it long enough and finally got off his ass and made a decision about this one:
http://www.foxnews.com/politics/2009/12/08/obama-spokesman-silly-allow-vet-fly-flag/%20/?test=latestnews
I can believe that Gates never talked about this with ObaMao. Hell, he'd never publicly come out in support of a veteran OR the flag!
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Gibbs said during a briefing that he hasn't spoken directly to President Barack Obama about the flap. But he said "the president believes -- I think all of us believe -- that the very least we can do is show our gratitude and thanks to somebody that served our country so admirably."
This is political CYA at its worst. Some can say that the President supports the vets, but you will see that it is prefaced in a way for the President to deny it as well.
Nothing changes ... Thirty-seven months and 13 days to go.
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He is a MOH recipent tell them to go to HE@@ and if they do not like it he can move in beside me.
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Update:
Virginia Veteran Wins Battle to Keep His Flagpole in Yard
http://www.foxnews.com/story/0,2933,579773,00.html (http://www.foxnews.com/story/0,2933,579773,00.html)
RICHMOND, Va. — A 90-year-old Medal of Honor recipient can keep his 21-foot flagpole in his front yard after a homeowner's association dropped its request to remove it, a spokesman for Democratic Virginia Sen. Mark Warner said Tuesday.
The Sussex Square homeowners' association likewise has agreed to drop threats to take legal action against retired Army Col. Van T. Barfoot, Warner spokesman Kevin Hall said.
The association had threatened to take Barfoot to court if he failed to remove the pole from his suburban Richmond home by Friday. It had said the pole violated the neighborhood's aesthetic guidelines.
Neither Barfoot's daughter, Margaret Nicholls, nor homeowners' president Glenn Wilson immediately returned telephone messages.
Dropping the issue effectively ends a request that White House press secretary Robert Gibbs on Monday called "silly."
Warner and Sen. Jim Webb, both Virginia Democrats, had rallied behind Barfoot, a World War II veteran.
In a letter last week, Webb urged the association to "consider the exceptional nature of Col. Barfoot's service when considering his pride and determination in honoring our flag."
Barfoot's fight also has lit up veterans bulletin boards and blog sites supporting him.
Barfoot won the Medal of Honor for actions while his platoon was under German assault near Carano, Italy, in May 1944. He was credited with standing up to three German tanks with a bazooka and stopping their advance.
He also won the Purple Heart and other decorations, and served in Korea and Vietnam before retiring from the service in 1974.
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I don't know about Warner but Webb, a former Secretary of Defense, wrote a best selling book about his experiances as a Marine in Vietnam.
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Like I posted earlier, take down the 21 footer, and put up a 50 foot flag pole, double the size of the flag, and as others posted< I will gladly meet Col. Barfoot at sun up for a flag raising.
Call the cops, the line in the sand in drawn in our OWN country.
Get Boy Scout Troops, VFW Members, NRA, DRTV, it's time to let HOA's know, the American Flag is not an eyesore in a community.
Where's the ACLU????