From the Albuquerque Journal: Chicken lovers in the Eldorado subdivision east of Santa Fe are continuing to cry foul and their birds will be not flying the coop without further court review.
Eldorado resident Susan Billings on Friday confirmed that she and other chicken owners who were sued by the subdivision’s homeowners association are in the process of appealing a recent state District Court decision. A judge ruled that chickens are not “recognized household pets” and therefore violate the covenants of the Eldorado Community Improvement Association.
“No animals, birds or poultry shall be kept or maintained on any lot, except recognized household pets,” state the covenants. The defendants maintain the language is ambiguous and doesn’t say who does the recognizing.
In a 2012 Eldorado property owners election, 55 percent favored a change in the covenants to specifically outlaw chickens, but not enough people voted to change the rules.
Retired District Judge Mark Macaron, serving as special judge in the case, said in his recent decision that it would be unreasonable to leave it up to individual Eldorado homeowners to decide which animals can be termed “recognized household pets.”
“This interpretation would open the door to an unlimited multitude of different kinds of creatures being kept” in Eldorado, the judge wrote. The chicken owners note that horses are already allowed.
The homeowners association issued a news release on the appeal that’s also posted on its website. “Further litigation will only result in additional legal fees,” the association said. “Unfortunately, at this point, the defendants don’t seem interested in simplicity or frugality, or in reuniting the community after the court’s decision went against them.”
Billings strongly disagreed that the appeal was divisive. “I find that a very inflammatory comment,” said Billings, adding that the chicken owners have a right to take the case to the state Court of Appeals. “I didn’t pick this fight … but they went full force in suing us,” Billings said. http://www.abqjournal.com/390179/news/hed-goes-herer-yer-yery.html
Kind of sounds like this will be the next stop for the Cliven Bundy and his band of militia followers.
When I lived in Wisconsin Rapids, WI., we had a male chicken that we raised from the time it was an egg to adulthood. For awhile, it was fun watching it grow up but then, when it became adult size, it began to get agressive. If the rooster got off it's collar when outside, it would extremely difficult to catch it, most of the time, we had to use a fishing net to catch the sucker.
The funniest time was when the rooster escaped from it's collar and leash and started chasing my ex-wife around the yard for about 5 minutes. It was just about the funniest thing I ever saw, especially since it involved my ex-wife.
In the end, we didn't want to make a dinner of it, so we took the chicken to the Marshfield zoo and threw into the turkey pen. What happened after that, I don't know.
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