This legal battle is an example of City government wrongly exercising their authority at the behest of an apparently influencial resident. I was the original pro bono lawyer on the case because I knew that the code enforcement citation was an unjust and ludicrous application of the code against a resident. The property owners were cited for graffiti and signage. Neither of which violation was applicable.
I represented the property owners at the code enforcement hearing which I knew would not be resolved in their favor because the city had fired its last magistrate for not always ruling in favor of the City. Before the code enforcement hearing, I warned the City that they would ultimately lose the case and it would be best for everyone if they would just drop the wrongful code enforcement. I appealed the magistrate's decision but after a couple of months I had to hand off the case to another attorney due to a medical issue prevented me from attending a scheduled hearing.
Ultimately a first amendment firm took the case to federal court and prevailed in the matter as expected. The City had to pay fees to that firm and issue a public apology. Of course, the painting was not removed. This case is a prime example of a wasteful City Government.
Whatever your opinion of the house, it is improper for City Government to unjustly exercise its authority against a resident.
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