My parents and a zoning violation

I'm in a predicament that has been ongoing for several years. My parents, who live outside of Birmingham, AL, have been in a zoning dispute that was started by two "neighbors" that live behind them. They had a business at one point and had LOTS of stuff around the house and yard. To comply with zoning ordnances, they've moved it away, but they've run into a problem. The two men that live behind them have political connections to the judge hearing their case and a county commissioner. The zoning inspector, a county employee, has consistently given them directions that he says will put them in compliance, but at each turn they are penalized in court for following his directions. The inspector has given them instructions that he KNEW would cause violations, has advised them to "sell cheap and move out", and now has told their attorney that he will swear out a warrant per day on my parents.

The judge on this case is prejudicial in favor of the "neighbors". In court, he often allows them to make outbursts, unsolicited testimony, insults toward my parents, and even has pre-hearing chambers meetings with them. In the meantime, my step-dad, a disabled VietNam veteran, has received a 30 day sentence for merely speaking out in his own defense. The judge has remanded my step dad and mom for custody several times in the county jail without allowing them to provide a shred of evidence in their defense. The entire process has been prejudicial and arbitrary with no semblance of rule of law. The judge, at every turn, has told my parents to "hire some damn Mexicans" to landscape their property. At this point, the county zoning inspector came over today and told my stepdad that he can have nothing in the driveway and that he was seeking an arrest warrant for both of my parents.

At this point, my parents have spent tens of thousands of dollars on trying to comply with their wishes. The judge took half of a $10K cash bond a few months ago and told my parents "that money's gone". Their attorney is doing all he can to try to start a civil motion, but at present, my parents are frightened for their safety. The two men who started this mess have both been cited for making violent threats to others, one was convicted for brandishing a gun on my parent's property. The local sheriff's deputies have warned my stepdad about the other man stating that he believed someone would be killed over this, but the deputy will do nothing. Their house and land is in a great area and I sincerely belive someone is trying to run them out to buy at a firesale rate. I've considered calling the ACLU on this, but I have no idea if the group would involve itself in such cases. Any suggestions?

I don't mean to sound too judgmental - but a case with a history like this just gives me a feeling that your parents have probably not been all that reasonable or rational.

I just don't see a judge throwing someone in jail for SPEAKING their mind.

There's a lot of history with this matter as you indicate, and, well, there is probably not a lot anyone (including you or the ACLU) can do about a contentious problem like this.

Sometimes to resolve a conflict, one has to sometimes just raise their hands up in defeat and just let it all go. Your parents 'had' a business, you say. If they no longer have the business, why is it so far from possible for them to just make their property into just home, land and home-related stuff? Because it sounds like your parents don't want to get rid of some stuff or return the property to its original state. If not that.....what in the world are the authorities getting involved for? There must be something tangible on that property that leaves a thorn in everyone's sides. Seems to me.

Sorry I couldn't be more empathetic - but if someone ends up hurt or dead as a result of all this -- then I think it will become rather clear how keeping this conflict alive is assinine. Why not just do what needs to be done BEFORE more violence ensues?

??????

They've removed the stuff that caused the violation. The problem is that the current inspector has given them multiple and contradictory instructions. At one point, the judge ordered a privacy fence, wooden, to be constructed along the back line. They did, only to have the zoning inspector cite them for doing so and tell them it had to come down because of county regulations. Now, imagine spending several hundred dollars and many hours of time constructing something on a court order only to be told the act of compliance was in fact, in the inspector's view, a violation. This has been ongoing for the past two years and has caused my parent's to lose much money in the process. At one point, there were two inspectors who were pulling the "good cop/bad cop" act and giving contradictory instructions.

The judge has consistently penalized my stepdad for saying a single word in court. At one time, the judge was looking unknowingly at pictures of my parent's house saying "the owner of this house must think you're place is an eyesore". When my stepdad told the judge that he in fact owned the pictured home, he was threatened with contempt. The inspector has told my stepdad that the neighbors effectively have free reign to come over at any time and take pictures if they so chose. I am trying to do something about this because I genuinely believe that someone inside the county government wants my parent's property. They own two houses, one new and the other an older brick home, on four lots. At this point, the inspector has told my stepdad (today) that he can not park his car (a Mercedes-Benz 300D) in his own driveway. He was cited for having a grill, chairs, and a covered Rubbermaid trash container on his back deck. My stepdad has a heart condition and while incarcerated the last time, was not given his maintenance medications and was held in isolation. The same with my mom, except that she was not allowed to use the phone, have any reading materials, shower, or receive visitors. The entire situation is screwed because my parents are being treated worse for these citations than actual street criminals.

I've no doubt at all that what you're saying is the truth. It happens all the time; it's called corruption and it fits right in with everything else that's going on in this country.

I really don't know what to tell you in this situation. I doubt the ACLU would take the case because it isn't the type of case they do.

I once found myself in a situation like this. I found the judge at lunch with my adversary's attorneys. I asked him to recuse himself, implying I knew a lot more than just about the lunchtime fraternization. The judge recused himself. You might investigate a bit--you might find something.

Barring that, the best thing to do is to subtly let the judge know that you will appeal the case if you feel it's unfair. Appeals are how you tell a judge he's wrong. It's expensive and complex but that is at least one of your options.

Cher