CollegeBoysLive related court appeal rejected

ALTAMONTE SPRINGS, Fla. -- The court sided with a local homeowner's association on Thursday that sued to stop an X-rated Web cam business operating out of a house on the block.

Nudity. Gay sex online. That's the type of 24-7 business neighbor Mike Towers said was being taped and operated out of a Brantley Harbor home. He said CollegeBoysLive.com created a lifestyle that spilled out into the neighborhood.

"When you're living in a house and required to be nude eight to nine hours a day to be on the Internet cameras, it became a problem with parties and other activities," neighbor Mike Towers said. "You've got a 9-year-old girl who can't look out her bedroom window."
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Neighbors have been complaining about the business since it started in 2002. At the time, the Web site operator said the house looked like every other home.

"There's no big flashing sign that says CollegeBoysLive.com lives here. You can't tell from the outside," Web site operator Zack Adams said.

The homeowner's association rules ban home-operated businesses and now an appellate court backs that up.

"You can't just thumb your nose at them and expect at the end of the day to make some excuse for your activity," Brantley Harbor attorney Rick Nelson said. [ full story ]

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A Sanford appellate court has ruled against a woman sued by her homeowners association in 2003 for leasing her Brantley Harbor home to a gay-porn Web site.

The original suit sought a court order to have Charles Foulk shut down the site because he was operating a business in the upscale subdivision in violation of the association rules.

The issue became moot when Foulk moved the site out of the home near Altamonte Springs and set up shop elsewhere.

A county court judge granted a summary judgment against the homeowner, Judith T. Crago. Crago appealed, contending the issue before the county court became moot when Foulk shut down his operation.

Seminole Circuit Court Judge Alan Dickey, acting as an appellate judge in the county court case, upheld the county court's decision Feb.18.

Dickey noted that at an August 2003 hearing, neither party sought to dismiss the case as moot nor contested the court ruling on the issues despite several inquiries by the county court judge. Therefore, Crago waived raising such an argument on appeal. [ source ]

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five years later and finally settled in court, for now. Do you think they were targeted because they were Gay or because filming the 8 guys who had to be nude hours on end everyday became evident to neighbors somehow? Anyone here feel differently now about filming in a residential home?