“Those who cannot learn from history are doomed to repeat it....” George Santayana
Q: When is a lawsuit not a lawsuit?
A: When the facts are not in dispute.
The nature of our final resort to the courts in defense of our homes has been misrepresented as “suing our neighbors personally”. The reality is much different. Three couples filed a Declaratory Judgment on October 17, 2003. By definition, a Declaratory Judgment is one which simply declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done. (Black’s Law Dictionary)
As a matter of law it was necessary that all property owners of record be included as parties to the lawsuit simply because the rights of every owner will be impacted by the North Carolina Supreme Court’s decision.
No law or legal precedent exists authorizing the action taken by the Ledges homeowners association. Lawyers on both sides as well as the Justices of the North Carolina Supreme Court agree that the issues are “a case of first impression.”
Q: When is a democracy not a democracy?
A: According to Thomas Jefferson, “A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.”
It’s been argued that, because a majority wanted to make wholesale changes to the governing documents changing the nature of our community, those in the minority were obligated to dutifully submit. This line of thinking reveals a lack of understanding concerning the basic elements necessary for the existence of a legitimate democracy; respect for the rule of law, constitutional protections for the minority, a free press and access to the means of dissent – none of which exist in either form or substance in the Ledges “private government.” Instead, those in power have demonstrated contempt for the law, used intimidation, ad hominem attacks and misinformation to suppress dissent and enforce a "Group Think" mentality.
Q: When is the Golden Rule not the Golden Rule?
A: When the meaning is perverted to, “him with the gold, makes the rules.”
Perfectly capturing the essence of the contemporary culture’s “What’s in it for me?” Gospel, George Bernard Shaw observed, “A government that robs Peter to pay Paul can always depend on the support of Paul.”
Q: When, in certain circles, is it considered necessary to blame and belittle the messenger?
A: When the message threatens an agenda.
“Resort is had to ridicule only when reason is against us.” Thomas Jefferson