Going to court over chickens!

[XXChickensXX]

I received papers today that say I am going to go to court because I have chickens. 6 right now to be exact. They are my childrens pets. We were never told that we could not have livestock and after having them for about 8 years the association here, mostly summer residents from another state, decided we shouldn't have them and now want to inforce the rules. We got the chickens in March of 1990 and have had them since. (Different ones from time to time). Our full time neighbors do not mind them. Don't know what to do, these are my kids pets, and we do not think they should be able to rule our lives after all this time! Our papers say that there are no known ordinances at this time. Please, any help would be appreciated! Just don't have a clue what to do and can't really afford a court battle.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by XXChickensXX:
I received papers today that say I am going to go to court because I have chickens. 6 right now to be exact. They are my childrens pets. We were never told that we could not have livestock and after having them for about 8 years the association here, mostly summer residents from another state, decided we shouldn't have them and now want to inforce the rules. We got the chickens in March of 1990 and have had them since. (Different ones from time to time). Our full time neighbors do not mind them. Don't know what to do, these are my kids pets, and we do not think they should be able to rule our lives after all this time! Our papers say that there are no known ordinances at this time. Please, any help would be appreciated! Just don't have a clue what to do and can't really afford a court battle.<HR></BLOCKQUOTE>


My response:

I realize that the chickens are your kid's pets; however, you've got to balance that versus the cost of your defenses to the action - despite the fact you are right or wrong.

If you merely ignore the papers, you will lose automatically and be required, by court order, to get rid of the chickens - plus court costs.

If you cannot afford protracted litigation, then you're just going to have to sit down with your kids and explain this matter as best you can to them.

Best of luck,

Colonel Harlan J. Sanders, Esq.
Law Offices of KFC, Cluck, Squack and Feather
in Association with
Henny Penny, Esq.
Rhode Island Red, Esq.
Foghorn Leghorn, Esq.
Chicken Little, Esq.


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 05, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by XXChickensXX:
I received papers today that say I am going to go to court because I have chickens. 6 right now to be exact. They are my childrens pets. We were never told that we could not have livestock and after having them for about 8 years the association here, mostly summer residents from another state, decided we shouldn't have them and now want to inforce the rules. We got the chickens in March of 1990 and have had them since. (Different ones from time to time). Our full time neighbors do not mind them. Don't know what to do, these are my kids pets, and we do not think they should be able to rule our lives after all this time! Our papers say that there are no known ordinances at this time. Please, any help would be appreciated! Just don't have a clue what to do and can't really afford a court battle.<HR></BLOCKQUOTE>

You need to check the Association rules and regulations. Even if the City/County ordinances allow chickens, the Association may not. Do the House Rules allow pets say dogs and cats? Maybe you can claim the chickens as legal domesticated pets. You need to investigate all the rules of the Association and the City/County to make sure that what they are saying is not just chicken scratch.

Which came first; the chicken or the egg?
We are all crowing for you.

Signed,
Henny Penny
Rhode Island Red
Foghorn Leghorn
Chicken Little

 

[XXChickensXX]

We have checked out the laws. They state that we can not have livestock. Only household pets. Our bigggest problem is after 10 years do we just let them win now so they can try to run our lives forever????
If they are going to have the rules they have to inforce them ALL the time not just when its convienent for them. They themselves are breaking some of the rules. The rules were made in 1963, does anyone know how long a covenence lasts??

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

I realize that the chickens are your kid's pets; however, you've got to balance that versus the cost of your defenses to the action - despite the fact you are right or wrong.

If you merely ignore the papers, you will lose automatically and be required, by court order, to get rid of the chickens - plus court costs.

If you cannot afford protracted litigation, then you're just going to have to sit down with your kids and explain this matter as best you can to them.

Best of luck,

Colonel Harlan J. Sanders, Esq.
Law Offices of KFC, Cluck, Squack and Feather

<HR></BLOCKQUOTE>

Dear Colonel Sanders,
many thanks for your response but we don't need no cluck luck. Our Asian counterparts already have a Joy Cluck Luck Club. Not to be confused with the San Francisco Chinatown Roastduck.

Anyway the purpose of my writing is to let the people know that I am sick and tired of all the discrimination that has been going on all these years. Yes all those chicken jokes and riddles and snide remarks like we are the brunt of the bird humor. Why did the chicken cross the road? Which side of the chicken has the most feathers? Yada yada yada. If a person is scared you call him a chicken. Why not call him a turkey? Oh yeah, turkeys have it hard too. Which reminds me of yet another form of discrimination. Yes, telling someone that they have chicken skin. How derogatory. We can't help it if we were hatched like that. That is why we have feathers; to hide the rough skin.

I have been in contact with birds of a feather throughout entire North America for the sole purpose of enforcing our constitutional left wing and right wing rights. Just today I received via carrier pigeon, formal Notice To Proceed from two big players of our organization. These players are the Town Fryers and the Cornish Game Hens and to put it bluntly, there feathers are mightly ruffled.

We are not just measly farm animals that you can throw some chicken scratch to in the hopes of getting a few fresh eggs. No way, Jose. Some of our peers are famous. One of our ring leaders in the Southeast Asia coop has won the Masters Cockfighting Olympics for 5 consecutive years. If that is not something to crow about I don't know what is? Has he flown the coop? No way. He is on the top of the pecking order.

We are preparing to file numerous complaints and immediate motions for discovery. If you deem it prudent, we would entertain having your law firm join with us as co-counsel in the humane fight.

Please let us know at your earliest possible date via certified return receipt courier pigeon or in the alternative cause to be sounded 3 loud cock-a-doodle-doos before dawn.

Very Truly Yours,

Big Bird, Lead Counsel/Partner
Cluck, Luck & Duck, a law LLC.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by XXChickensXX:
We have checked out the laws. They state that we can not have livestock. Only household pets. Our bigggest problem is after 10 years do we just let them win now so they can try to run our lives forever????
If they are going to have the rules they have to inforce them ALL the time not just when its convienent for them. They themselves are breaking some of the rules. The rules were made in 1963, does anyone know how long a covenence lasts??<HR></BLOCKQUOTE>

My further response:

Obviously, this matter has a lot of meaning for you; if for nothing else, the sakes of your children. This is understandable.

Since this matter is so important, it may be worth your while to spend $100.00 on an attorney consultation to have your Rules and Regulations reviewed, and compare the same to State law. Also, see if the attorney can give you an opinion on "Estoppel" and "Laches" - - he'll know what those terms mean, which will help to answer your question concerning "If they are going to have the rules [don't] they have to enforce them ALL the time not just when its convienent for them?"

Good cluck.

Colonel Harlan J. Sanders, Esq.
Law Offices of KFC, Cluck, Squack and Feather
in Association with
Henny Penny, Esq.
Rhode Island Red, Esq.
Foghorn Leghorn, Esq.
Chicken Little, Esq.


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by XXChickensXX:
We have checked out the laws. They state that we can not have livestock. Only household pets. Our bigggest problem is after 10 years do we just let them win now so they can try to run our lives forever????
If they are going to have the rules they have to inforce them ALL the time not just when its convienent for them. They themselves are breaking some of the rules. The rules were made in 1963, does anyone know how long a covenence lasts??<HR></BLOCKQUOTE>

Is there anyway to find a loophole in the law such as proving that the chickens although livestock can be legally defined as household pets? I have heard of some cases where owners had potbellied pigs in a residential neighborhood and the pigs were deemed household pets. I know the law sounds like chicken sh** to you but no one said the law was fair.