Arguments are being heard in a Windsor courthouse over the validity of a trespass notice handed to an Amherstburg grandfather, who has since passed away
In November 2015, the town of Amherstburg issued a no trespass notice against 75-year-old Graham Hobbs after the town received a complaint by a town employee for his alleged "unacceptable behaviour."
Hobbs' family wants the notice to be struck down, even though Hobbs passed away in January 2017.
The case is proceeding on behalf of Hobbs's wife.
In court this morning, Hobbs's lawyer Anthony Leardi argued the notice was invalid and vague and there was no bylaw allowing the town's CAO to issue a no trespass notice.
"He might have been rude, but that's the worst thing you can say," says Leardi.
The employee told the town she felt "uncomfortable" after dealing with Hobbs once at town hall.
Hobbs had regularly attended town hall, public meetings and published information and commentary on a website. He felt the notice which banned him from "all town-owned facilities" amounted to a house arrest.
Hobbs is suing the town for $100,000 stating the town's actions were "oppressive, arbitrary and unconstitutional."