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Article #6092

Gardeners ordered to pull out vegetables and plant grass

#6092
From: Reynold M. de Guzman
Date: Sat, 30 Sep 1995 00:00
89 lines
5248 bytes
When my parents were being sued for their vegetable garden, my mom,
who is a normally peaceful person battled them in court with some God
sent lawyers who promote environmentaly healty urban development.

The Kleinbrook Community Association Inc.  ordered her to remove the
vines that shaded our backyard or be sued.  We got sued, but they
lost.  Whoever heard of beans causing such problems.

The following is the Closed Caption transcript from:
Channel 13 Eyewitness news 6:00 PM Sep. 29, 1995


Shara Fryer/Newscaster:
THEY WERE JUST TRYING TO SAVE A COUPLE OF DOLLARS AND GET A LITTLE
EXERCISE. BUT INSTEAD, THEY WERE SLAPPED WITH A LAWSUIT. THE FILIPINO
COUPLE NEVER DARED TO THINK THEIR GREENBEAN GARDEN WOULD CAUSE A
PROBLEM, BUT IT DID. AND THEY HAD TO GO BEFORE A JUDGE TO SETTLE A
NEIGHBOR'S COMPLAINTS. VICENTE ARENAS HAS MORE.

Vincente Arenas/Reporter:
THE GREENBEAN DEBATE STARTS IN THIS QUIET NORTH HARRIS COUNTY
NEIGHBORHOOD. TWO YEARS AGO REYNALDO AND SOLEDAD DEGUZMAN PLANTED A
GARDEN, IN THEIR BACKYARD.  DURING COOLER WEATHER, GREENBEAN VINES
GROW TALL HERE, ALONGSIDE OTHER RARE ASIAN VEGETABLES. BUT A NEXTDOOR
NEIGHBOR DIDN'T LIKE THE BIG PLANTS...AND STARTED COMPLAINING. VICENTE
ARENAS/EYEWITNESS NEWS:

The fuss over the vegetables got so bad, the Kleinbrook Association
got together and came to the Harris County Courthouse and asked a
judge to order the de Guzmans to get rid of their garden.

Reynaldo S. de Guzman:
These are just some of the examples...I have some herbs...

Vincente Arenas:
SO THE DEGUZMAN'S SHOWED UP WITH EVIDENCE IN HAND. GREENBEANS, BITTER
MELONS, AND A WHOLE LOT MORE.

Soledad de Guzman/Gardener:
I didn't think this was a nuisance because actually this gives us a
kind of exercise and we really enjoyed planting and picking the beans
you know and I didn't think it was a distraction from the appearance
of our house. 

Vincente Arenas:
WHEN IT WAS OVER, THE JUDGE SAID THE DE GUZMAN'S COULD KEEP THEIR
GARDEN FOR NOW, GREENBEANS AND ALL. IN THE COURTROOM, RUSSELL SIMON
COMPLAINED THE DE GUZMAN'S VIOLATED KLEINBROOK'S DEED RESTRICTIONS
WHEN IT CAME TO YARDS. SIMON CALLED THE GARDEN AN EYESORE. BUT
OUTSIDE, HE WOULDN'T TALK TO US ON CAMERA. (Speaking with Russell
Simon/Neighbor) I can't get just one statement from you just saying
what the bottom line is.

Russell Simon:
...not right now...

Vincente Arenas:
OFF CAMERA SIMON SAID THE FIGHT'S NOT OVER. HE'S GOING TO A HIGHER
COURT. MEANTIME THE DEGUZMAN'S PLAN TO COUNTERSUE SIMON FOR THE
MONEY'S HE COST THEM IN ATTORNEYS' FEES, AND TIME LOST AT WORK. ALL
TIME LOST AND TROUBLE'S WORTH IT THEY SAY, THEY'VE GOT THEIR GARDEN
BACK, GREENBEANS AND ALL. VICENTE ARENAS 13 EYEWITNESS NEWS.

==============================================================

What I can't figure out is why are these guys are so mad about beans?
Some of these community associations are acting unconstitutionally by
telling us what to plant and what to pull out.  It might also be a
case of discrimination.  We took pictures of houses in that same
subdivision that have plants growing over their fences.  The
Kleinbrook Association did not send any of these people a court order
to remove their plants.  Whatever the case, I'm sick of being harassed
by deed restrictions and people who can't mind their own business.
What I hate more than bullies, are bullies that think they can
intimidate a peaceful family and get away with it because they have
friends who studies "law".  I thank God for the lawyers who took this
case and shoved their crummy deed restrictions down their throats.
Hurray for the peaceful gardeners!!!

To read more about this recent case, got to this WWW page.

http://www.crl.com/~deguzman/gardenlawsuit/gardenlawsuit.html


----------------------------------
Reynold M. de Guzman
Email:  deguzman@a.crl.com
WWW:  http://www.crl.com/~deguzman
----------------------------------
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From: deguzman@a.crl.com (Reynold M. de Guzman)
Subject: Gardeners ordered to pull out vegetables and plant grass
Date: 1995/09/30
Message-ID: <44ioc1$9qb@nntp.crl.com>
X-Deja-AN: 110997509
organization: de Guzman Enterprises
reply-to: deguzman@a.crl.com
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