EVICTION attempt by David Itzen and his 2 brothers Kelly & Robin Itzen
Posted in the Brookings Forum
#1 Aug 5, 2010
Letter to Editor
A Victory to The Home Owners
The article on page 3 A in the Curry Coastal Pilot 7/31/2010 was sweet , how ever in part it will need to be corrected.
The local court ruled in favor of the home owner . and the land lord lost the Eviction. The case would have ended at the lower court but ,. the land lord David Itzen president of Emerald Coast Estates appealed the ruling . the Appeal Court heard the case . and the Itzens lost again., other than that it was a great article . And all is again well in the Land of Lilly's and Beautiful Ocean Beaches.
Now home owners in Oregon on leased land with restricted rules of placement of for sale signs , now have options of placement of for sale signs .
I would like to thank our Attorney David Tilton for doing a brilliant and professional job on the appeal . and to everyone that was supportive in the case , Friends neighbors and family . Oh and Mr. Peter Ferris Executive Director & Lobbyist Oregon Manufactured Homeowners United http://omhu.org . for his continuing work on behalf of Homeowners in Oregon Manufactured Home Parks.
Thank You All
Gary & Sharon Davis
Homeowner in Emerald Coast Estates
Brookings Harbor Oregon
Hard earned victory,but at what cost?
The article in the ( Pilot )
Saturday, July 31,2010, regarding Emerald Coast Estates was only partially correct.
Gary and Sharon Davis won the initial eviction hearing. Many residents of Emerald Coast Estates sat through a two-day trial supporting their right to display a for sale sign that could be seen from the street. TheItzen familydecided to appeal the initial court ruling in favor of the davises and lost ( again) in Appellate court.
The initial ruling stated that Oregon Law superceeds Tenant Law in that any homeowner can display a for sale sign in or about the home.
It was very unfortunate that this case ever came to trial.The Davises spent over $15,000 to pursue their legal right to advertise their home. They are both disabled and on limited income.
Yes, it was a hard earned victory, but at what cost? The reputation of the park will be forever sullied by this senseless action.
Virginia Link, former resident
Emerald Coast Estates
#2 Aug 7, 2010
Curry Coastal Pilot
Letters to the Editor published Saturday, Aug. 7, 2010 Editor:
Good article on the ruling of resident rights in Emerald Coast Estates (ECE) by the local courts of Curry County (Pilot, July 31).
After placing a “for sale” banner on the exterior of his home, Mr. Davis was served with an eviction notice (filed by Emerald Coast Estates) and incurred considerable expenses in appealing the charges. The appeals court heard the case and ruled in favor of Mr. Davis. This means that Mr. Davis may place a sale or “for sale” in or on any part of his home or fence.
Uncertain is the recent Planned Unit Development (PUD) by ECE (splitting ECE) concerning the public’s right to park vehicles on the streets of parcel 2. Residents in parcel 1 are not allowed to do so, because they do not own the land. Sounds like a double standard, if that be the case.
In America the choice is up to the voters as to who they wish to elect for commissioner in the upcoming election. Choose carefully.
Carl E. De Ment
A matter of signs and regulations
Regarding Landlord vs Tenant: The article on Wednesday Aug. 4,“Court upholds ruling in favor of Emerald Coast residents,” about the attempted eviction of two wonderful people over a small for sale sign placed on the exterior of the home was a great article.
Gary and Sharon Davis followed Oregon law 90.680 (of in or on the home). David Itzen chose to go after this family over something as pathetic as a small for sale sign. The Davises won the case in the local court. David Itzen and his two brothers Kelly and Robin, after losing the case, set in motion the appeal, and again the Itzen brothers lost the appeal.
Emerald Coast Estates original Rules and Regulations state:(in the window only) before the local court ruled in favor of the Davises and now the rules in the park state:(in or on the window only). This too is contrary to Oregon law, so the Itzen brothers need to change the park rules to follow Oregon Law (in or on the Manufactured Dwelling).
Anyone looking in the park only sees large welcome banners with signs pointing to the sales office and it is very difficult to find a for sale by homeowner sign. This limits the amount of exposure for a homeowner not wanting to list with the landlord.
Arlene Mary Jones
#3 Aug 8, 2010
" Attention Realtors "
with the news of the eviction over a for sale sign now complete , don't let not just Emerald Coast landlord but all land lords with leased , or special strict rules on size and placement fool you. ORS.90.680 is the law ( sign placement states(( in or on )the manufactured dwelling or floating home )), is just that .homeowners in Emerald Coast Estates won the ability to place a for sale sign on the exterior of the home . not just in or on a window . spread the word . rights of Tenants have once again proving to give home owners the rights and privileges of being a citizen of this great country . and not be subject of strict rules and regulations
#4 Aug 13, 2010
well the Itzens lost and the world is a better place because the brothers 3 are stop stupid .
their greed will be what sinks the boat . and they will chock on each others butts LOL when the oldest one stops the other two brake their noses LOL
#5 Aug 30, 2010
what a great day for the people of that park .
Since: Jul 10
#6 Aug 30, 2010
What rational person would sign an agreement to obay the rules and pay a quater million dollars + rent for his cardboard mansion and then start a war over a stupid sign that hardly anyone will see [it's a gated community] and then complain about the hardship of paying the lawyer? ANSWER; a rational person would not do that. If he had a brain he would have found a more practical way to sell his pile of cardboard. These people are delusional Obama loving liberals not worthy of any praise. Most of the people in that park will be glad to see them LEAVE ALREADY and no I do not live there thank God!
#7 Sep 1, 2010
well you are ranting about something you nothing about unless you read the paper and learn it was the landlord that went after the homeowner over a simple for sale sign you write that even you thank GOD for not living in the park . actually it could be a nice place to live if someone else over saw the day to day living in the park . and not the over bearing family rule . plus the landlord is the very same person running for Curry County Commissioner . and that is scary . when he has to threaten a couple over a simple for sale sign this man has unresolved issues .( power and Geed ). and then you go on the attack of the president of the United States who at this very moment is fulfilling his promises to bring home the many women and men serving our great nation in the name of freedom . I see you boast about being a Marine . how dare you attack the commander and chief of this great nation . this administration is doing everything it promised back when most of America voted for him .. your candidate lost the election in 2008 remember ? or are you having difficulty believing a half Black half White intelligent American was voted into office ? sounds like you just have a lot of personal Hate . I feel sorry for your affliction, I live each day as if it was the last . and believe this president will correct the debacle ,we are in . so you have a great day in your little world LOL
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