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thedrifter
01-17-06, 06:41 AM
Marine loses in flag court battle -- again
He may have to pay condominium association's costs
PUBLISHED: January 16, 2006

By Amanda Lee
Macomb Daily Staff Writer

A Macomb Township man lost another court battle in his fight with his condominium association over whether he can display a U.S. Marines flag outside his home.

The State of Michigan Court of Appeals ruled that John P. O'Brien should pay court and attorney fees for Windemere Commons I Association -- something the original trial judge denied.

In their written brief, appeals court judges Peter D. O'Connell, Michael R. Smolenski and Michael J. Talbot wrote the condominium association was "entitled to costs and reasonable attorney fees." The amount will be decided by a judge.

O'Brien, who served in the Marines from 1960 to 1965, has been battling Windemere Commons for more than a year regarding a U.S. Marine Corps. flag which he wants to fly in front of his unit but is against association bylaws.

O'Brien couldn't be reached for comment, but has said in the past he vows to continue his fight in the court system as long as he can.

In July, O'Brien lost a vote 62-16 among other condominium association representatives to change the bylaws that prevented him from flying the flag. He's also had decisions go against him in Macomb County Circuit Court.

In July, Marge Schoenherr, association president, said the vote wasn't a personal matter and that O'Brien would be allowed to display the flag on his doorwall or a small banner depicting the flag on a window or door. She added the association had amassed $6,000 in court fees up until that point.

A current bill in the Michigan Senate, however, could be O'Brien's best ally.

Senate Bill 890 states a developer or association of co-owners shall not prohibit another co-owner from displaying either a U.S. flag or an armed forces branch flag on specific dates, including Memorial Day, Flag Day, Independence Day and Veteran's Day.

The bill, sponsored by Alan Sanborn, a Macomb County Republican, and several other senators, was introduced in November.

Ellie

jegries
01-17-06, 09:33 AM
This is just a bunch of unpatriaotic idiots who want things thier way. I would hang it up and tell them remove it and I'll shoot you for trespassing.