blahblahwoofwoof
Joined: 28 Apr 2005 Posts: 171
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Posted: Thu Jun 21, 2007 11:45 pm Post subject: Court lends few licks in neighbors’ Hendrix tiff |
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Quote: | Court lends few licks in neighbors’ Hendrix tiff
By Niki Kelly
The Journal Gazette
INDIANAPOLIS – The Indiana Court of Appeals weighed in Tuesday on a neighborly dispute in LaGrange County about excessive noise, bright lights and Jimi Hendrix music.
The clash began when Richard and Marilyn Chandler received a protective order against neighbor Mark Lesh in April 2006 for allegedly shouting obscenities, calling names and making bizarre noises.
According to the ruling, the parties live near each other on a lake in LaGrange County.
The following month, the Chandlers filed a complaint alleging that Lesh’s use of his land constitutes a nuisance. This included playing loud music, yelling derogatory terms and aiming his security light toward the Chandler’s home.
“Apparently, it is not merely the volume of Lesh’s music, but also the selection that bothers the Chandlers,” the ruling said. “Particularly troubling to the Chandlers is Jimi Hendrix’s version of ‘The Star-Spangled Banner,’ which they believe is ‘sacrilegious to the American flag.’ ”
Hendrix originally played his version of “The Star-Spangled Banner” as dawn broke on the last morning of the Woodstock music festival in August 1969. It’s been debated since the Vietnam era whether such a dramatically altered version of the national anthem is disrespectful to America, but others have said the performance was the most important political rock statement of the 1960s.
While the case continued, the Chandlers sought a preliminary injunction against Lesh. In a Sept. 8 ruling, LaGrange Circuit Judge Pro-Tempore Howard Peterson extended the protective order until he heard all the evidence regarding a permanent injunction.
Tuesday’s appellate ruling said the judge in effect granted the preliminary injunction, which gave Lesh the right to challenge it at the next level.
The ruling also found the judge didn’t include the necessary factual findings to grant a preliminary injunction, and reversed the case and sent it back for further proceedings.
“In this case, where the Chandlers do not allege that Lesh is using his land in an illegal manner, this balancing inherently involves a factual inquiry,” the appellate court found. “The complete absence of factual findings by the trial court leaves us unable to determine if the Chandlers have demonstrated a likelihood that they will prevail on the merits.”
Lesh and the Chandlers didn’t have listed phone numbers and were unavailable for comment.
Attorney Natalie Lounsbery, who represents Lesh, had not seen the ruling and declined to comment.
Attorney Tim Cain, who represents the Chandlers, did not return calls seeking comment.
nkelly@jg.net |
http://www.fortwayne.com/mld/fortwayne/news/local/17393582.htm
The Chandlers must have their Captain America underoos on too tight, Republican wankers.. |
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Captain Coconut
Joined: 24 Nov 2004 Posts: 70 Location: Valley of Neptune
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Posted: Wed Jun 27, 2007 8:28 am Post subject: WOW |
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Nice place to live apparently. Jimi will be crackin' up.
I should have done more than STAR Spl... to these "neighbors" let's say : loud versions of stars play with laughin'sam dices, machine gun, night bird flying, are you exp. Well a true experience.
By the way it's not so funny : In Florida Iggy Pop was forced to sell a house cause of his very wealthy and correct neighbourhood.
Now this board is a desert , all dates have been locked on my birthdate or Miles Davis one according your tastes.
Sometimes i dream living in america , hell it can be a real nightmare too. |
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