Wednesday, January 30, 2013

Corporatism in America: IL Supreme Court grants HOA police powers to arrest and detain � HOA Constitutional Government

Corporatism in America: IL Supreme Court grants HOA police powers to arrest and detain � HOA Constitutional Government
George Staropoli's reaction to the horrendous Poris v. Lake Holiday POA case from the Illinois Supreme Court that I reported on below.  He highlights a number of quotations from the opinion and adds his comments.


"In Poris we have another instance of a state supreme court holding private contracts superior to the Constitution (See NJ supreme court opinion in Twin Rivers[iii]).  Apparently, the only thing that the Constitution has to say is an absolute “no contract interference.”  Note how the court adopted a narrow reading of the laws as it parsed and examined the precise wording of the laws, not stepping back in its alleged legal wisdom seeing only the trees and not the ugly forest. The court cleverly ignored the question of detaining non-members, and the question of public streets."


His conclusion:

"I can summarize the Illinois opinion with the simple statement by William Pitt, part of which appears on the façade of the Arizona Supreme Court building:  Unlimited power is apt to corrupt the minds of those who possess it: and this I know, my lords, that where law ends, tyranny begins!'"

1 comment:

Mike Reardon said...

Perhaps folks should begin to attack what these things are, rather than what these things do.

Upon inspection of any HOA or Condo you find:
No open meeting laws applicable to their meetings.
No Election laws applicable to their elections
No conceivably valid chain of custody of ballots.
A "press" more tightly controlled by the board than Pravda ever was.

George Orwell was looking the wrong way when he warned of this kind of tyranny. They are HERE cloaked under the guise of "private" entities.

Perhaps if the courts began to understand the complete lack validity and integrity of these places, they would not be so quick to hand over governmental powers to them.
That is why I was disappointed in Mr. Poris’s presentation…he never even implied these things, and was thus…just another “disgruntled” homeowner.