On Sat, 29 Jun 2013 16:36:31 -0400, Ed Pawlowski wrote:

On Sat, 29 Jun 2013 11:24:52 -0700 (PDT), Roy
wrote:




An awful lot of bull**** over 1 1/2 inches of space which WILL NEVER BE USED BY
ANYONE. This guy watches the contractor build the fence where it now is and THEN
complains. Why didn't he say something BEFORE it was completed? He KNEW that it was going AROUND that power pole...by letting the building continue he was
by his inaction OKAYING the whole shebang.



IIRC, he did make it known at the time. Should he have gotten a gun
and stopped them?

I'll tell you what he should have done based on what I've seen happen
OVER AND OVER again on major highway construction projects. IF it was
all that important to him that it NOT encroach he should have sent an
"inspector" out as the work was being done to protect his interests.
In court it would go like this...

Defense Counsel to Plaintiff - So you knew the fence was in the wrong
spot and told them not to put it there.
Plaintiff: Yes
Defense Counsel to Plaintiff - so it was of some importance to you?
Plaintiff: Yes
Defense Counsel to Plaintiff - Did you tell the contractor why it was
important?
Plaintiff - I just told him it was in the wrong place, that's all he
needed to know.
Defense Counsel to Plaintiff - And when the contractor started over
building the fence at the second line, did you go check that line?
Plaintiff - No.
Defense Counsel to Plaintiff - Why not if the location was so
important to you?
Plaintiff - I didn't think it was my job to inspect his work.
Defense Counsel to Plaintiff - So it was important enough to check on
the first day, but not important enough to check on the second day
when he started over?
Plaintiff - no, it was still important.
Defense Counsel to Plaintiff - yet you didn't check. Why was it
important?
Plaintiff - it's my property.
Defense Counsel to Plaintiff - And how will the loss of that 1.5"
affect your use of the property?
Plaintiff - it will just irritate me.
Defense Counsel to Plaintiff - - but will it affect where you can park
your car or where you can grow flowers, or does it affect the drainage
or what?
Plaintiff - no, it doesn't affect any of those things, it just bothers
me.
Defense Counsel to Plaintiff - So except for your hurt feelings, this
error has no actual impact to your continued use and enjoyment of your
property?
Plaintiff - That's right
..
..
..
Closing arguments by Defense Counsel - Your honor, plaintiff has
admitted that this 1.5" error in no way affects his continued use and
enjoyment of his property nor will it affect the value of the
property. It may even raise the value since there is now a fence
where there was none before. Inasmuch as the plaintiff has
demonstrated no actual damages I move for dismissal.

Judge: There has been no evidence presented showing any actual damage
to the plaintiff. Therefore I rule in favor of the defense and award
them court costs and attorneys fees to be paid by the plaintiff.
Perhaps that will send a message that the courts time should not be
wasted on these trivial matters.