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Civil Lawsuit Regarding M109A3

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Taurus454

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Hello,

I just wanted to inform the group that the Fountain Glen Homeowners Association, Inc. has brought a suit against me for having an M109A3 parked in my driveway and on my property. The Civil Case Number is 12-C-12-1413-IJ and is being held in Maryland.

During the pre-trial meeting with the Judge, I was asked to take the matter to Arbitration and refused because I believe my rights were being violated. There is a clause on the deed that states no "trucks" are allowed but does not offer a definition of a truck.

My case is set for a hearing on 29 October 2012. I will be sure to let you know how it turns out.
 

Ferroequinologist

Resident railroad expert
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Just because it doesn't offer the definition of a truck doesn't mean it isn't a truck.

Just look at the operator's TM. "Truck, Van, Shop" is what it calls a M109A3.

I feel where you are coming from, but I don't think you will win this argument. Maybe this battle, and it will be dropped, but it will get brought back up if they do provide a definition of a truck at a later date.

Your best bet would be to go get it registered as a RV. If DMV says it is an RV, and it is registered as such, they have to leave you alone. I had an issue with an old school bus in my yard in Norfolk. Showed them it was registered in SC as an RV, and they had to drop everything.
 

zout

In Memorial
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Per this - looks like that HOA has been in business to know what a truck is and per this it appears to be a very regimented HOA to boot - I would pack this one in and not take it personal. Sure hope you did not assume all would be ok and just roll it in:
Bing Maps - Driving Directions, Traffic and Road Conditions

No place to hide it there. I did not look up a storage facility near you but I bet one is close for you to get.
 

DieselBob

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I wish you well in your fight. If it only uses the word “Truck” with no further qualifier it won't stop them from enforcing the rule in your case but it will also kick out any and all pickup trucks to boot. That might make them rethink taking action because now it would involve many more residents.
 
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islandguydon

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Michigan
Hello,

I just wanted to inform the group that the Fountain Glen Homeowners Association, Inc. has brought a suit against me for having an M109A3 parked in my driveway and on my property. The Civil Case Number is 12-C-12-1413-IJ and is being held in Maryland.

There is a clause on the deed that states no "trucks" are allowed but does not offer a definition of a truck.

My case is set for a hearing on 29 October 2012. I will be sure to let you know how it turns out.
The rule is vague, so your saying NO PICK UP TRUCKS are in your neighborhood...? Right on the title it says pick up truck or so it does in Michigan. I sincerly appreciate your standing on your 2 feet and not cowering the situation away. I to am picking a Jury the 29th. My trial should last 3-4 days. Good luck with your case, I am confident mine will go the way I want.
 

marsman

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I agree, is a Toyota, Ford or Chevy concidered a truck? I did not see a weight mentioned or size. Goood luck. The RV titel is intresting.
 

DieselBob

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On the Federal compliance sticker on both my 02 F250 and the companies 2010 ranger they are listed as "Type: Truck". That would mean that the HOA restriction would also include any pickup also weather they meant for it to or not.
 
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papercu

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Never understood why someone would choose to live in a place like this, but you did and you agreed to the rules. Did you understand what a "truck" was then and if you didn't, why didn't you ask then? Wayne
 

Taurus454

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Exactly my point about vague! When I sat on the Board 20 years ago the definition off a truck was brought up and I was told by all the Senior Board members that the common definition of a truck was an 18 wheeler. They took action against someone who parked a rig in the development at that time. The point is this in not an 18 wheeler and the definition can and will change depending upon who sits on the Board.

I do not tend to chalk it up and plan to go as far up the line as I can to preserve my rights. The Association also prohibited satellite dishes and the law was later changed prohibit them from doing that which mean prohibitions can be on home owners and even be illegal.

I spent literally over a year of my life inside one of these vehicles building W33 and M753 nuclear rounds. I have every right to freedom of speech and nothing shows my pride more than being able to possess and show this vehicle off as a way I helped to keep America free. Not everyone was qualified for the PRP, NRAS, and Special Weapons Program and I was one of the few in this country who was qualified and went through alot of stress and hardship as a result of it. The vehicle is not parked in the street and is parked on my private property.

The vehicle has been filmed by famous photographers from out of state and has a bullet hole in the left rear that went out the rear right window, while the window was replaced the hole was never repaired. It is a symbol of its use in combat. I also show it off to the kids in the neighborhood who ask to see it and tell them about the history of this type of vehicle. I run it in the 4th of July Parade every year as well. I even have it registered for use with the Harford County Emergency Operation Center for use during flooding and severe weather conditions because it has the deep fording kit and cold weather kit.

This vehicle continues to serve the community and America in nothing but a positive way at no expense to the taxpayers and deserves to be shown and displayed proudly. It should not have to reside in some out of the way location as an eye sore or disgrace. It cost the American taxpayer $94,737 new in 1968 and should continue to serve as a reminder to all about the cost of peace.

Finally, I am not denying it is a shop van truck and readily admit it in the lawsuit. I do deny as the Association claims that it is an "Army truck" as it has no affiliation with the Army and is owned privately. I also mention that it is a Class C vehicle and can be operated with a Class C license which is what everyone else needs to operate a car or non-commercial truck. Quite frankly, I point out that there are pick-up trucks which have a similar load capacity that are used and parked in a residential zoned neighborhood. I also point out that there are cars with similar camouflage paint jobs operated and owned in the Association. As this case is in a lower court, I have been asked by my attorney not to seek Amicus Briefs from Steel Soldier members because the lower court will not consider them in their decision. If I lose and when I appeal (not if) or the Association appeals a loss, I will be able to seek Amicus Briefs in support of my case. I hope all of you will send an Amicus Brief to the court at that time regarding your support of my keeping it in on private property.

Thank you for your time and consideration! Yes, I understand full well that Maryland has a long history of denying individual rights dating back to its days as an occupied state during our Civil War. However, I feel an obligation to my children to fight the most fundamental violation of property ownership which is allowing someone else to tell me what I can and cannot have on my private property. We have reached an unfortunate time in our country's history where people are just too ready to roll over and not fight for their rights. It is trully a sad time indeed :cry:
 

maddawg308

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This is one reason why I will never move where there is an HOA with stupid rules. My property, my tax burden, none of THEIR business.
 

CycleJay

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Taurus,

Good luck with your fight, You have every right to fight to do with what you want, as long as
it is legal with your private property.
I feel that if you bought and paid for your home and property, then you have every right
to park anything you want in your own driveway.

It absolutely seems like the HOA is trying to violate your property rights.

And I am glad you are standing up for your rights, and your truck, and being as proud of it
as you say you are. God bless you.

If you explain to me what an Americus Brief is, then I would be pleased to try and
get you one if I can, in order to help you win this case. Which I hope you take it as far
as you can, and keep at it, until you do win, no other outcome should be accepted.

Good day Sir... You are a fine American, and thank you for your service to our country,
it is greatly appreciated.

God bless America...
 

swbradley1

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If you need me to I'll send some briefs but their not going to like them..........
 

Ripcord01

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You need a place to park it? I have a spot for you.. HOA's are a bitch to fight.. Look at all the civil cases that are brought against folks for flying our Nations Flag! Maryland doesn't give a crap about rights. I understand that you have made your home there and all but unless you are getting ready to move , you know they are going to label you as a "trouble maker" and stick you with their attorney fees..Good luck.. if You need a place to park her for a bit let me know.

Craig
 
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Amicus Brief: Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.
 

CycleJay

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By the way,

I can send some briefs to the court too, do they want tighty whiteys?
or can they be solid colors? new or used? LOL

I do NOT like HOA's at all, I do not think they should have the right to tell people what,
they can and cannot do with their property. Homeowners bought and paid for their homes,
it is none of the HOA's businesss or righ tot dictate to homeowners.

They should only have the right to maintain the upkeep and cleanliness of the neighborhood
property itself, like the sidewalks, non-home community landscaping & facilities (pools,
clubhouses, mailboxes, streetlights, etc).
But nothing regarding the private homes within the community.
Except in cases of extreme homeowner neglect of their own home...
(to the point that their home looks like the munster or adams family home, etc.. )
Then all they should do is use any fair, legal, and diplomatic solutions to encourage
the homeowner to restore their home to its upkept condition.

Just my $0.02 cents...

Good luck...
 
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