Owner challenges ruling to keep his basketball hoop up

A Westchase committee stands by a decree that has residents take their goals down when not in use. Warren Kent says the restriction is poorly defined.

By LOGAN D. MABE

© St. Petersburg Times, published July 7, 2000

WESTCHASE -- A covenant committee had to go back to square one in dealing with Westchase resident Warren Kent and his portable basketball goal, but the result was the same.

Kent still faces a $1,000 fine and possible legal action for refusing to move the goal from his driveway when it's not being used. But now he's looking for allies in his fight with the board that enforces the development's hard line deed restrictions.

"I'm kind of ready now to band together with anyone now and find an attorney," Kent said. "I ain't dropping this."

Last week Kent again went before the committee, which had to reopen the violations process because technically, they had not given him a proper notification the first time. Kent had been fined $1,000 on two separate occasions in April and May. The covenant committee had to go through the process again, this time via certified letter.

The covenant committee says Westchase deed restrictions require residents to move their basketball goals when not in use. Kent contends the rule is poorly worded and is written as a guideline for builders, rather than addressing the actual use of the goals.

Kent said he welcomed the opportunity to present his side of the issue one more time.

"I made my presentation but it was to a stone wall," Kent said. "There was no discussion. They forged right ahead and reinstated the fine and asked (Westhcase attorney) Steve Mezer to continue with the injunction."

Because Kent is fighting the decision, Mezer will seek a court order to have Kent remove the goal. Kent says his 16-year-old son Brian, uses the goal almost daily.

Kent said he intends to press his case before a judge and is adamant that Westchase is in the wrong. And he may not be alone this time.

He said he's been getting calls from residents who support his position and some are pledging to help him hire an attorney.

In the meantime, Kent said he will appeal the committee's decision to the Westchase Community Association board.

When the issue came up before that board in May, community association president Bob Argus called it "our test case on basketball goals."

Mezer has said he is confident the restriction will stand up in court.

To reach Logan D. Mabe, call 226-3464 or e-mail him at mabe@sptimes.com.

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