She said the defendant’s keeping a Vietnamese pot-bellied pig on his property, by the common, ordinary definition of the terms used in the HOA’s Declaration and Covenants, does not breach his Covenant with the Homeowner’s Association
Crossley-Tate’s decision is a recommendation to Judge Donald E. Oda II who will sign off on her judgment. In addition, Crossley-Tate also recommended that the HOA pay the costs of this action.
Attorney Scott Oxley who represented the HOA, declined to comment on the decision. He said he received and reviewed the decision, which he has forwarded to his client.
Country Brook Homeowners’ Association had claimed its covenants, conditions and restrictions prohibit the keeping of livestock animals or poultry of any type, and notes that Rick Price is refusing to remove a “three hundred (300) pound hog” from the property. The Common Pleas Court suit further claims that the violation has caused and will continue to cause irreparable harm, damages and expenses to the HOA and to its members.
At the time, Price said the pig weighed about 150 pounds.
In their pending federal suit, the couple alleges that they are being discriminated against because housing rules were amended after the defendants learned of Katherine Price’s nation of origin.
“This is a textbook case of discrimination that is unlawful under The Fair Housing Act,” reads the U.S. District Court complaint filed by the Prices in the Southern District of Ohio in Cincinnati.
The couple purchased the female pig in November 2018 and named her Arnold Ziffel after a pig featured on the television show “Green Acres.” Arnold has a bed indoors just like the Prices Siberian husky, Jax, and also spends time outdoors in their large fenced yard, Rick Price said.
“She doesn’t cause any problems and doesn’t make noise,” he said. “She snores when she’s sleeping, but that’s more funny than anything.”