Tresspas
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF FACTS
Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.
The sudden injection of the fairy land creatures to this part of the town and on the property of Shrek the Ogre has caused considerable harm to him and violates his rights. The property has been designated as the resettlement facility, as per the claim being made by the fairytale creatures. They claim that they were not invited and didn't want to come to the swamp even, in the first place; instead they were made to come there by Lord Farquaad. They were given no choice, and are in a fact the victim themselves in this situation. Shrek the Ogre claims that this is trespassing, since no one had sought his consent in any way for the use of his swamp. The fairytale creatures have testified that this is not trespassing since they never had any intention of stepping on the Ogre's property but were forcefully evicted, and therefore their intention needs to be considered firstly in this case.
Lord Farquaad himself does not deny that he took these actions, but backs them with the theory that they were done in the interest of the community and the greater good. For him the removal of the fairytale creatures does conform to the standard of being considered as the greater good. He considers them evil and therefore the best course of action, as per him, is the restraining of these creatures in a secure facility, where a look can be maintained upon them. It is...
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