On Sun, 30 Jun 2013 06:24:08 -0700 (PDT), "
wrote:

On Saturday, June 29, 2013 7:48:23 PM UTC-4, Ashton Crusher wrote:
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

.

Yawn.... This is like the a defense counsel for a rape
case blaming the victim for walking in the wrong neighborhood
at night.

And the plaintiff could just say they were not home
when it was being done.

So you suborn perjury?

And then you conveniently assume
that plaintiff is going to be so dumb to just agree it's
about his "hurt feelings"? Of course he's going to say,
my back yard is tiny, I want that 1.5" instead of my
neighbor stealing it from me. I paid for it. It's mine.
I pay real estate taxes on it, and over the years it's
amounted to $500. Pretty weak strawman.


I saw nothing that indicated teh back yard was "tiny" or that the lost
of the 1.5" was going to create the slightest problem.

RE Taxes are not based on how many square inches of lot you have.



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.

Lame strawman!



It's just the facts.



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.

Strawman!


Just the facts.