Couple sue over damage to trees

[geofore]

Noble

I will admit you are far better informed than most. I know from experience you must have all your ducks in a row before you attempt to go forward. "They won't give me a copy". I run into that often when trying to get public records where the holder of the records doesn't want to be bothered with the task of retrieving the record (lazy), covering their butt (seldom). The ROW issue is the entry of a third party to the fray, if it's on their (cable or phone) ROW are they okay with what was done before it becomes your turn to speak. Guy is right, the utilitys don't usually make an offer. Don't take anybody's word for it, get a copy of the document so you know for sure.

 

[glens]

Re: Who wrote that crap?

It's poor English that's trying to sound like good legalese but if it's not good English it <i>can't</i> be good legalese.

(Reminds me of the time Charley Gibson on Good Morning America got Miss Janet Reno to repeat 3 more times the phrase "people who don't belong to have guns".&nbsp; He was my hero after that.&nbsp; The top lawyer in the land should have good command of the English language, don't ya think?&nbsp; She came across as sounding like a country bumpkin.)

In the supposed legalese blurb above, what <i>are</i> the "such reasonable terms and conditions"?&nbsp; The comma after the phrase separates it from anything.&nbsp; It might make more sense without the comma, but not by much.

And how the hell can anyone <i>leasing</i> property sign over ROW?&nbsp; Doesn't that fall to the lessor?

Glen

 

[geofore]

Coop

Glens, you lease the last house on the block in a Coop and the Coop agrees to let the builder add 12 more homes past you. Now you lose your driveway and can't park your car in ther garage while the sewerline, road, gas and electric are added, you don't have a driveway any longer. The Coop/landlord expects you to pay the premium rent you pay for the garage and driveway you can't use while the sewer goes in. The Coop doesn't have to compansate you as per the agreement you signed (lease). You are expected to pay full price for something you can't use and you won't be compansated for it. On top of that you can't get out of the lease even if you can't flush the toilet while the sewer goes in. You see you signed this lease (lease bound by Coop bylaws) to allow the ROW to go through. It's not in your lease it's in the Coop by laws you never see and are never offered to you = YOU are screwed. Just because your place is now unihabitable you still must pay the rent because the Coop rules say you agree to allow for ROW Mister Leasee. NO Compansation. No way out of the lease. If you are a land owner they take the ROW with NO compansation to you!!! It's in the bylaws or it may just be in the miniutes of one of the meetings of the Board. You are screwed. You'd like to get out your chainsaw and fix it?

 

[Noble Zone]

See what I'm up against? You should meet their lawyers. Tiny little office on a back street with no sign; just their name on the door. I expected perfectly creased suits and real leather furniture. You expect the big guys to have fancy lawyers. Far from it. It made me feel much more confident about using my usual attorney, if it comes down to it. He's not experienced in this type stuff and I'd rather have one who's been there...done that. But, if I've got the experts lined up before he starts...he'll probably do fine.

I've been asking for a copy of the easement I supposedly signed since the day the trees were cut (8-11). That's when they started talking about 40'. They finally had their lawyer send what they claimed was a copy. It was not legable because it was a copy off microfiche. They sent me someone elses contract because, "The copy is not good and I have therefore enclosed another more legible copy." It was not legable, either.
I went to their lawyer and requested they read it to me. They said they couldn't read it. I asked if they had a better copy. They said no. I asked if they had the original microfiche. They said no. I asked them why they would bother sending a document that would not hold up in court. They said the VPO of the power co. requested they send it. Having their lawyer send this useless paper was simply an intimidation tactic. It didn't work.
As for them being too lazy to give me a copy. They won't even give me a blank copy that the girls in the front have at their desk to get signed by new applicants. I've been thinking about hanging out at the front door and quizing new applicants about whether they were given a copy of the contract they just signed.

By the way, Guy, thanks for the referral of a semi-local appraiser. We spoke a few times, he's willing to do the job and I'll be calling him to set up the appraisal next week. I hate that it took this long. I know appraisals are supposed to be done as soon as possible, but they put it off by saying they were going to do it and then not doing it and I'm not rich, so it took a little time to come up with enough money. My customers have been donating spare change to pay for the appraisal and we're close enough to do it. They actually tossed in over $300 in two weeks. I love my customers! They really want to see someone take down the North Georgia Electric Mafia Corp. Their name for it...not mine (although it fits). I'm not the only person who is upset about the way their trees were cut. I'm just the only one willing to put in the time to research and do it right. If it changed to a class action, they'd jump on it. Not gonna happen!

 

[Guy Meilleur]

thanks for the referral of a semi-local appraiser. We spoke a few times, he's willing to do the job and I'll be calling him to set up the appraisal next week. I hate that it took this long. I know appraisals are supposed to be done as soon as possible, but they put it off [/B]

which is SOP by the injuring party with tree legal actions; that weeds out the ADD and others weak of will, wit or wherewithal (gotta luv that alliteratin'!). It'll be a long wait, Erik--average time for settlement here: over 2 years. :jester:

You're welcome for the referral; he seemed like a straightup guy when I met him at the ASCA Academy in 96; well-grounded in the tree biz too. Don't ever, ever give up. And don't listen to those who call you a suer; we know that's untrue.

 

[MasterBlaster]

Foul!

Low blow!

 

[Guy Meilleur]

Originally posted by netree
Must be all the inbreeding down there.

But we haveto take it on the chin, MB.
Here's one for the Joke thread; I heard it from an ER doctor:

"Why are NC trailer park crimes hard to solve?"

"Because there are no teeth, and all the DNA's the same".

:alien:

But seriously, folks, it's the lawyer's game to drag things out. Keeps their meter spinning, but that must only be a coincidence; they are all honored professionals.

 

[Noble Zone]

Erik is entitled to his opinion. Even if it's wrong.