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The post below was published on Tuesday, January 4th, 2011 at 10:47 AM.

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Second District: Reluctant But Faithful

Some members of the public, and a considerable number of lawyers, believe that judges will always do whatever they must to reach the result they believe is fair in a particular case.

That isn’t true. Sometimes the law requires results that, under a given set of circumstances, seem unfair.

This case involves a developmentally disabled man who lives in a neighborhood that views him as abusive, threatening, and angry. The neighborhood association sued him to enforce the area’s covenants and obtained an injunction against him. The trial court entered an injunction. He appealed, and “with considerable reluctance,” the Second District affirmed.

The man has not been declared incompetent, but he does have a court-appointed guardian advocate under this statute.

The district court appeared concerned that the man may be incompetent, and the court stressed that in any enforcement action, the association should have to prove any violation was willful and intentional.

The district court also expressed doubt that an injunction was the proper way to handle the situation. A $47,000 judgment had already been entered against the guardian advocate for the trial court proceedings and the association was entitled to fees for the appeal.

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