Good article and excellent video from Jason Kotowski writing for The Bakersfield Californian showing the painted wall and more.
I am coming around to the understanding that the subject wall is actually on/at/near the property line, but of course this becomes a very precise concept and requires a survey at some point. It was built by Montgomery, under a court order related to his pigs, and when you build a fence it is supposed to be on your side of the property line (if only barely). If it was entirely on his land, then it still seems “it was his to paint” – though that would explain why he actually seems to have sat or stood atop the wall to paint it (so as not to trespass on the other side).
I’m not sure how that’s a police matter assuming no breach of the peace. If the neighbor has a problem with it, go to court. If the neighbor was instigating a breach of the peace, it should’ve been the neighbor being warned off by the deputy. Until I learn different, I’ll continue to feel this way.
The next hearing in the case is on June 18.
B
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U.S. Legal Blog is maintained by Bryan Lieb.
