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<DIV><FONT face=Arial size=2>It is best to have a connection to an attorney
through ant of several means such as: many corporate attorneys take nuisance
cases on the side, ask a friend, go to the Bar Association and they might point
you at a young hungry one, etc. Find one that flys full scale. GET ONE.
IMHO</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Richard</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=gfowler@raytheon.com href="mailto:gfowler@raytheon.com">Gray E
Fowler</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=discussion@nsrca.org
href="mailto:discussion@nsrca.org">discussion@nsrca.org</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, March 21, 2005 11:17
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Lawsuit Update</DIV>
<DIV><BR></DIV><BR><FONT face=sans-serif size=2>I met with other club
officials Saturday morning and here is what we are doing.</FONT> <BR><BR><FONT
face=sans-serif size=2>There was much discussion on whether to get a lawyer or
not. Some fear that in Small claims in front of a JP, which by the way ignores
all normal court rules, a lawyer would piss off the JP. This lady does not
have a lawyer because she cannot really afford one. We are calling all
current club members and asking if they have had any interaction with this
lady</FONT> <BR><BR><FONT face=sans-serif size=2>1. Are you aware of anyone
crashing on or near her property.</FONT> <BR><FONT face=sans-serif size=2>2.
Did she come over to our property and fall and break her arm</FONT>
<BR><BR><FONT face=sans-serif size=2>We are filing a response today denying
all claims of trespassing and the breaking of her arm. Included in our
response will be the prior history with this lady which includes</FONT>
<BR><BR><FONT face=sans-serif size=2>1. A face to face meeting with the County
Managers who reveiwed our club documents.</FONT> <BR><FONT face=sans-serif
size=2>2. A live noise demo that resulted in the County stating in writing
that a noise problem does not exist and that they recognize that the flying
boundaries are for reference only, and that occasional overflys do happen by
accident and it is not a problem.</FONT> <BR><FONT face=sans-serif size=2>3.
Repeated Sherrif visits from her complaints, where as no action is ever
taken.</FONT> <BR><FONT face=sans-serif size=2>4. Results from County
Commisioners court in front of a judge, whereas her claims were
dismissed.</FONT> <BR><BR><FONT face=sans-serif size=2>The JP will then make a
decision on whether or not to hear this case. Our club members really think
our response will end this, I do not. </FONT><BR><FONT face=sans-serif
size=2>I feel that our club members, like 90% of the rest of the world are
fearful of lawyers. Most view lawyers as an expensive solution that they have
no control of. When you hire a lawyer, and go to court, you are in a very
"specialty" situation that frankly the average citizen does not comprehend,
nor can properly react to. I think we (my club)are absolute fools for
not getting a lawyer. The Club Pres has said if the JP accepts
this case we will reconsider obtaining a lawyer. My polling of club members
indicates that people who are against a lawyer have never retianed a lawyer,
but they sure hate them. A few that are for it have had a lawyer and see the
benefits. Of couse the AMA told us to deny all claims and not to get a lawyer.
They willn help us if this got out of hand, but not right now.</FONT>
<BR><FONT face=sans-serif size=2>I find it absurd to believe that a JP would
get pissed off that we brought a lawyer. Hey! We are talking about $5000! I
would think that the JP would think we are idiots for NOT having a lawyer. I
see this as a method for ending this lady's claims now and forever. I think we
should go after her in writing for OUR court costs which include legal fees. I
never expect restitution but I do want her to know that we take this serious
and will fight her to the bitter end. He has has most cash wins, and in this
case we have much more cash. We can spend $1000 in lawyer fees now and be done
with it.</FONT> <BR><BR><FONT face=sans-serif size=2>I would bet that MOST of
you out there who have been to court with a lawyer are with me and those of
you who have never have been to court are against my thoughts. There is
a wild card, which is JP court. Anything goes, and for that reason I realize I
could be wrong.</FONT> <BR><BR><FONT face=sans-serif size=2>So we are posting
a denial of all claims today.</FONT> <BR><BR><FONT face=sans-serif size=2>On
trespassing...one of of members is a Plano Cop. Here is the Police and court
take on Trespassing. Posted or not posted means nothing. You can step on
anyones property at any time. If the owner asks you to leave, you must leave
and be given the chance to leave. To make it legal, and hold up in court, a
police office must witness this exchange. Now I am sure that if she tells a
person to get off in January and a cop (or other witness) is there and you
show up again in Feb and once again witnessed, then you are trespassing.
Flying over her trailer is not trespassing. <BR><BR><BR><BR>Gray
Fowler<BR>Principal Chemical Engineer<BR>Composites
Engineering</FONT></BLOCKQUOTE></BODY></HTML>