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<DIV><FONT face=Arial size=2>Gray, here are my thoughts on contacting an
attorney first. </FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>The club should definitely contact an attorney
before responding. The goal should be to contact an attorney that is familiar
with the JP in which case the attorney would know the JP well enough to
recommend whether or not he/she should appear before the JP initially or just
help prepare the response to the claim. The assistance of preparing the
response is justification alone for contacting an attorney. </FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>If the attorney knows the JP then he/she should be
able to let the club know if it's best to have the attorney reply or the club
reply.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Always look at the pluses and minuses of each
option. I see no down side to getting an attorney other than the expense. On the
other hand the down side of NOT getting one could mean the loss of the club's
field.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Seems pretty simple to me.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Keith Black</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><FONT face=Arial size=2></FONT><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>