Chapter 6 - THE INJUNCTION
Karen learned about the permit application.
Of course she did.
HOA records circulated too freely.
She filed an emergency civil action asking the court to preserve the pool while historic-use claims were reviewed.
Rachel stared at Daniel.
“You said she had no easement.”
“She still has the right to ask a court.”
“Will she win?”
“Unlikely.”
Then:
“But emergency orders are about preserving conditions until facts are heard.”
Karen’s argument:
If Rachel fills the pool, alleged community rights become impossible to exercise.
Rachel’s argument:
There are no community rights to preserve.
Judge Allison Price held an emergency hearing.
Karen’s attorney produced:
brochure,
photos,
former-owner invitations,
twenty years of neighborhood use.
Daniel asked:
“Do you have a recorded easement?”
“No.”
“Deed restriction?”
“No.”
“Plat designation?”
“No.”
“HOA ownership?”
“No.”
“Written license granted to current residents?”
“No.”
Then Karen testified:
“We all understood it belonged to the community spirit.”
Daniel replied:
“Community spirit is not a property interest.”
Judge Price nearly smiled.
Then she asked Rachel:
“Why decommission now?”
Rachel answered honestly:
“Because strangers climbed my locked fence and used it after I told them not to.”
Then:
“And because I’m not spending eighty thousand dollars renovating something people are trying to claim access to.”
Good.
The judge denied the emergency injunction.
But warned:
“Proceed at your own risk. If later litigation establishes rights, physical destruction will not necessarily eliminate damages.”
Rachel understood.
Karen looked furious.
Now Rachel had a choice.
May you like
Back down.
Or finish.
