CMH Winner v. HOA

98tacoma27 · Dec 3, 2009

http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/P0/

For the click disabled:

Col. Van T. Barfoot, a local Medal of Honor recipient, is under the gun from his Henrico County community's homeowner association.

In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.

In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board.

Barfoot's daughter said this evening that news reports about the association order have prompted an outpouring of sympathy and offers of help from people following her father's ordeal.
Tonight, the Sussex Square Homeowners Association issued a statement reiterating its position that Barfoot directly violated the association board's denial of his request to erect a flagpole.
"This is not about the American flag. This about a flagpole," the statement reads.

Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.
There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.

"Dad sort of feels like this is the end," said Margaret Nicholls, Barfoot's daughter, who lives a few doors away. But she said this morning that she and her husband are attempting to generate support for her father's cause, a flag-raising rite that he has undertaken for most of his life.
Barfoot received the Medal of Honor on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Hospital in Richmond also carries his name.
Barfoot began regularly flying the flag on Veteran's Day this year despite the Sussex Square board's decision.

He said in November that not flying the flag would be a sacrilege to him.
"There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," he said.

For more on this story, see tomorrow's Richmond Times-Dispatch.
-- Bill McKelway
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The douchebag law firm contact

A True American Hero

Excert:

During the Italian Campaign, Barfoot participated in a series of amphibious landings: the Allied invasion of Sicily in July 1943, the invasion of mainland Italy at Salerno in September, and finally the landings at Anzio in late January 1944. His unit pushed inland from Anzio, and by May 1944 had reached the town of Carano. They set up defensive positions and Barfoot conducted patrols to scout the German lines. When his company was ordered to attack on the morning of May 23, Barfoot, now a technical sergeant, asked for permission to lead a squad. Because of the patrols he had made, he knew the terrain and the minefield which lay in front of the German position. He advanced alone through the minefield, following ditches and depressions, until he came within a few yards of a machine gun on the German flank. After taking out the gun with a hand grenade, he entered the German trench and advanced on a second machine gun, killing two soldiers and capturing three others. When he reached a third gun, the entire crew surrendered to him. Others also surrendered and Barfoot captured a total of seventeen German soldiers. He had killed 8.[2]

When the Germans launched an armored counterattack later in the day, Barfoot disabled one tank with a bazooka, then advanced into enemy-held territory and destroyed an abandoned German artillery piece. He returned to his own lines and helped two wounded soldiers from his squad to the rear.[2]
Barfoot was subsequently commissioned as a second lieutenant. His division moved into France and by September was serving in the Rhone valley. Barfoot learned he would be awarded the Medal of Honor and chose to have the presentation ceremony in the field, so that his soldiers could attend. He was formally presented with the medal on September 28, 1944, in Épinal, France, by Lieutenant General Alexander Patch.[2]
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lookylookitzadam · Dec 3, 2009

WOW, that is just disturbing. Let the man keep his flag.

4x4Runner · Dec 3, 2009

Some rules are just meant to be broken.

Keep the flag pole and let him keep doing what he's been doing everyday.

nd · Dec 4, 2009

if i were 90 years old i would do whatever the fuck i wanted. they can sue you, take you to courte, arrest you, and it doesn't matter because chances are you'll be dead before you get sentenced or have a chance to pay court costs. personally i hate HOA's so i say fuck em. hopefully this guy doesn't cave

TacoNut · Dec 4, 2009

Keep the flag, raise it every day..... For god's sake, the man is a medal of honor recipient. Show some damn respect for what he did for you.

mjp2 · Dec 4, 2009

"This is not about the American flag. This about a flagpole," the statement reads.
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No, this is about some self-important homebodies that are pissy because someone didn't jump when they said to jump.

Good for this guy. I hope some lawyer jumps on this case and finds a way to counter-sue to have the HOA disbanded for not acting in the interests of the community.

chris4x4 · Dec 4, 2009

mjp2 said: ↑

no, this is about some self-important homebodies that are pissy because someone didn't jump when they said to jump.

Good for this guy. I hope some lawyer jumps on this case and finds a way to counter-sue to have the hoa disbanded for not acting in the interests of the community.
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amen!!!!

PreRunnerSeth · Dec 4, 2009

E-mailed them. I say spam the crap out of that law firm. Does the HOA have a website/email too?

98tacoma27 · Dec 4, 2009

I don't know if the HOA does have a website or not.

Here is my original source (NSFW) www.ehowa.com

SManZ · Dec 4, 2009

We need to buy this gentleman a Garand...

I am reminded of Gran Torino

nd · Dec 4, 2009

mjp2 said: ↑

No, this is about some self-important homebodies that are pissy because someone didn't jump when they said to jump.

Good for this guy. I hope some lawyer jumps on this case and finds a way to counter-sue to have the HOA disbanded for not acting in the interests of the community.
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wow, for once you posted something that didn't make me want to beat you mercilessly....

mjp2 · Dec 4, 2009

nd said: ↑

wow, for once you posted something that didn't make me want to beat you off mercilessly....
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I'll try to be sexier next time.

nd · Dec 4, 2009

mjp2 said: ↑

I'll try to be sexier next time.
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chris4x4 · Dec 4, 2009

nd said: ↑

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nd · Dec 4, 2009

chris4x4 said: ↑

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Incognito · Dec 4, 2009

TacoNut said: ↑

Keep the flag, raise it every day..... For god's sake, the man is a medal of honor recipient. Show some damn respect for what he did for you.
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mjp2 said: ↑

No, this is about some self-important homebodies that are pissy because someone didn't jump when they said to jump.

Good for this guy. I hope some lawyer jumps on this case and finds a way to counter-sue to have the HOA disbanded for not acting in the interests of the community.
Click to expand...

Couldn't have said it better myself... X10000!

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CMH Winner v. HOA

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98tacoma27 [OP] is going full "SANDWICH" Moderator

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lookylookitzadam Retrofit Club!

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nd Radical Town. It's a hell of a place!

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98tacoma27 [OP] is going full "SANDWICH" Moderator

#10
SManZ Sold the Taco in June 2020

#11
nd Radical Town. It's a hell of a place!

#12
mjp2 Living vicariously through myself Moderator

#13
nd Radical Town. It's a hell of a place!

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chris4x4 With sufficient thrust, pigs fly just fine. Moderator

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nd Radical Town. It's a hell of a place!

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CMH Winner v. HOA

#1 98tacoma27 [OP] is going full "SANDWICH" Moderator

#2 lookylookitzadam Retrofit Club!

#3 4x4Runner Sam’s gone, man. Moderator

#4 nd Radical Town. It's a hell of a place!

#5 TacoNut IgnoringChrisWatchingEdLi veVicariouslyThroughMJP2

#6 mjp2 Living vicariously through myself Moderator

#7 chris4x4 With sufficient thrust, pigs fly just fine. Moderator

#8 PreRunnerSeth Well-Known Member

#9 98tacoma27 [OP] is going full "SANDWICH" Moderator

#10 SManZ Sold the Taco in June 2020

#11 nd Radical Town. It's a hell of a place!

#12 mjp2 Living vicariously through myself Moderator

#13 nd Radical Town. It's a hell of a place!

#14 chris4x4 With sufficient thrust, pigs fly just fine. Moderator

#15 nd Radical Town. It's a hell of a place!

#16 Incognito No better friend, no worse enemy

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#1
98tacoma27 [OP] is going full "SANDWICH" Moderator

#2
lookylookitzadam Retrofit Club!

#3
4x4Runner Sam’s gone, man. Moderator

#4
nd Radical Town. It's a hell of a place!

#5
TacoNut IgnoringChrisWatchingEdLi veVicariouslyThroughMJP2

#6
mjp2 Living vicariously through myself Moderator

#7
chris4x4 With sufficient thrust, pigs fly just fine. Moderator

#8
PreRunnerSeth Well-Known Member

#9
98tacoma27 [OP] is going full "SANDWICH" Moderator

#10
SManZ Sold the Taco in June 2020

#11
nd Radical Town. It's a hell of a place!

#12
mjp2 Living vicariously through myself Moderator

#13
nd Radical Town. It's a hell of a place!

#14
chris4x4 With sufficient thrust, pigs fly just fine. Moderator

#15
nd Radical Town. It's a hell of a place!

#16
Incognito No better friend, no worse enemy

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