City Does 180 on Treehouse, Now Owners Are Taking Them to Supreme Court
The pursuit of happiness is supposed to be one of the most fundamental rights in America. When it comes down to it, freedom is about being able to live your life the way you see fit, as long as it doesn’t hurt someone else.
Frustratingly, what used to be seen as an integral part of the United States is becoming increasingly rare.
That’s what a Florida couple named Lynn Tran and Richard Hazen recently found out after they built a unique treehouse on their own property in Holmes Beach, on the Gulf of Mexico. But are now being ordered by the government to tear it down, and fined every day that they do not.
To make matters worse, they even asked the city ahead of time if a permit was needed to put up the recreational structure, and were told that it wasn’t. It wasn’t until after the construction was complete — and many tens of thousands of dollars were spent — that the Holmes Beach government changed its tune.
Now the case is headed to the Supreme Court.
The treehouse isn’t actually a residence, but is a loft-style clubhouse that is used privately by the couple on their own land. “It’s got two levels, hammocks and windows looking out on the Gulf of Mexico,” The Associated Press explained.
“Before they began constructing the treehouse around an Australian pine on their property in 2011, Hazen asked the city whether they needed a permit,” continued the news wire. “The answer: No.”
The couple worked over six months to build the grown-up treehouse. Then, after the construction was finished and the money was spent, the city government suddenly reversed its claim.
“(T)he city got an anonymous complaint about the treehouse,” reported the AP.
“After an investigation, the city found the couple did actually need to go through the permitting process. And it turns out the treehouse was in an area where building is prohibited because of a city setback. The couple hoped to get around that by having local voters weigh in, but courts told them no.”
Again, the structure was a private project, not used as a residence or a rental, built by a couple on their own property with their own money.
Lynn Tran and Richard Hazen didn’t back down, but challenged the city’s reversal. They said that they’ve put over $100,000 into legal fees to protect their dream project, but the city has so far prevailed. Unless something happens soon, the project they’ve put their hearts into — as well as a considerable fortune — will be demolished.
At attorney for the couple told the media that a Florida court sided with the city without looking at the facts or impartially hearing the other side of the argument. The case is being appealed to the highest court in the nation… but the prospects aren’t particularly positive.
“The couple’s lawyer, David Levin, acknowledges the case is unlikely to be accepted by the justices, who only hear argument in about 80 of the thousands of cases they’re asked to take each year,” stated the AP.
“But he argues that his clients’ rights were violated when a Florida court ‘rubber stamped’ a ruling proposed by the city of Holmes Beach without any evidence of independent consideration.”
Lynn Tran isn’t giving up hope. “Part of me still believes there’s got to be justice out there and we didn’t do anything wrong,” she explained.
It used to be common to hear people respond, “it’s a free country” when others criticized their plans or dreams. More and more, it seems like nobody believes it anymore.
A getaway treehouse might not be the most important thing in the world, but the right of Americans to pursue their own happiness matters.
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