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<P>Gray - </P>
<P>(it may be toooo late for this, but here goes) - </P>
<P>As you can expect, your plight was a between-flights topic of discussion at the field on Saturday, and the group concensus was that meeting her anger and complaints with measured, courteous response in all cases will probably go much further in the long run than sinking to her level with counter - suits, accusations, legal action, etc. </P>
<P>You guys have the moral and legal high ground - you've got the law, the local government, and everyone else but her on your side here. Your noise is proven by objective standards to be essentially unmeasurable; no one else has complained, and you guys have proven to be model citizens in all respects (right?...) </P>
<P>There should be a way to hold that high ground against this person - a smile and a firm but courteous response is often the best - and it will ALWAYS hold up better under examination later on than the "... But she hit me first!" brand of response. </P>
<P>One guy even suggested that the club send the lady in question flowers and a get well card to show goodwill to this unfortunate person -- who apparently has some issues of her own that probably go far beyond your occasional overflights. (and the flowers and card might well just make her even madder... oh yeah, we're trying to be gentlemen here...) </P>
<P>You guys clearly seem to have the big hammer on your side here - you could almost certainly file and win counter- suits for harrassment, frivolous legal action, etc ... and it'd probably be really satisfying to do that in the short term. But just becasue you CAN doesn't automatically mean you should - and I'd think community relations would be better in the long term if you keep your response as low key and courteous as possible - certainly at a lower noise level than hers. You can afford to be courteous - after all, you're in the right about this whole thing. </P>
<P>And after all, if that doesn't work YOU can always elect to go big and nasty on her - just remember that once that's done it's really hard to go back, and may be difficult to present the image of a good community citizen / activity where people would want their kids to spend time. </P>
<P>Just my $.02</P>
<P>Rick <BR></P></DIV>
<DIV></DIV>>From: Gray E Fowler <gfowler@raytheon.com>
<DIV></DIV>>Reply-To: discussion@nsrca.org
<DIV></DIV>>To: discussion@nsrca.org
<DIV></DIV>>Subject: Lawsuit Update
<DIV></DIV>>Date: Mon, 21 Mar 2005 11:17:38 -0600
<DIV></DIV>>
<DIV></DIV>>I met with other club officials Saturday morning and here is what we are
<DIV></DIV>>doing.
<DIV></DIV>>
<DIV></DIV>>There was much discussion on whether to get a lawyer or not. Some fear
<DIV></DIV>>that in Small claims in front of a JP, which by the way ignores all normal
<DIV></DIV>>court rules, a lawyer would piss off the JP. This lady does not have a
<DIV></DIV>>lawyer because she cannot really afford one. We are calling all current
<DIV></DIV>>club members and asking if they have had any interaction with this lady
<DIV></DIV>>
<DIV></DIV>>1. Are you aware of anyone crashing on or near her property.
<DIV></DIV>>2. Did she come over to our property and fall and break her arm
<DIV></DIV>>
<DIV></DIV>>We are filing a response today denying all claims of trespassing and the
<DIV></DIV>>breaking of her arm. Included in our response will be the prior history
<DIV></DIV>>with this lady which includes
<DIV></DIV>>
<DIV></DIV>>1. A face to face meeting with the County Managers who reveiwed our club
<DIV></DIV>>documents.
<DIV></DIV>>2. A live noise demo that resulted in the County stating in writing that a
<DIV></DIV>>noise problem does not exist and that they recognize that the flying
<DIV></DIV>>boundaries are for reference only, and that occasional overflys do happen
<DIV></DIV>>by accident and it is not a problem.
<DIV></DIV>>3. Repeated Sherrif visits from her complaints, where as no action is ever
<DIV></DIV>>taken.
<DIV></DIV>>4. Results from County Commisioners court in front of a judge, whereas her
<DIV></DIV>>claims were dismissed.
<DIV></DIV>>
<DIV></DIV>>The JP will then make a decision on whether or not to hear this case. Our
<DIV></DIV>>club members really think our response will end this, I do not.
<DIV></DIV>>I feel that our club members, like 90% of the rest of the world are
<DIV></DIV>>fearful of lawyers. Most view lawyers as an expensive solution that they
<DIV></DIV>>have no control of. When you hire a lawyer, and go to court, you are in a
<DIV></DIV>>very "specialty" situation that frankly the average citizen does not
<DIV></DIV>>comprehend, nor can properly react to. I think we (my club)are absolute
<DIV></DIV>>fools for not getting a lawyer. The Club Pres has said if the JP accepts
<DIV></DIV>>this case we will reconsider obtaining a lawyer. My polling of club
<DIV></DIV>>members indicates that people who are against a lawyer have never retianed
<DIV></DIV>>a lawyer, but they sure hate them. A few that are for it have had a lawyer
<DIV></DIV>>and see the benefits. Of couse the AMA told us to deny all claims and not
<DIV></DIV>>to get a lawyer. They willn help us if this got out of hand, but not right
<DIV></DIV>>now.
<DIV></DIV>>I find it absurd to believe that a JP would get pissed off that we brought
<DIV></DIV>>a lawyer. Hey! We are talking about $5000! I would think that the JP would
<DIV></DIV>>think we are idiots for NOT having a lawyer. I see this as a method for
<DIV></DIV>>ending this lady's claims now and forever. I think we should go after her
<DIV></DIV>>in writing for OUR court costs which include legal fees. I never expect
<DIV></DIV>>restitution but I do want her to know that we take this serious and will
<DIV></DIV>>fight her to the bitter end. He has has most cash wins, and in this case
<DIV></DIV>>we have much more cash. We can spend $1000 in lawyer fees now and be done
<DIV></DIV>>with it.
<DIV></DIV>>
<DIV></DIV>>I would bet that MOST of you out there who have been to court with a
<DIV></DIV>>lawyer are with me and those of you who have never have been to court are
<DIV></DIV>>against my thoughts. There is a wild card, which is JP court. Anything
<DIV></DIV>>goes, and for that reason I realize I could be wrong.
<DIV></DIV>>
<DIV></DIV>>So we are posting a denial of all claims today.
<DIV></DIV>>
<DIV></DIV>>On trespassing...one of of members is a Plano Cop. Here is the Police and
<DIV></DIV>>court take on Trespassing. Posted or not posted means nothing. You can
<DIV></DIV>>step on anyones property at any time. If the owner asks you to leave, you
<DIV></DIV>>must leave and be given the chance to leave. To make it legal, and hold up
<DIV></DIV>>in court, a police office must witness this exchange. Now I am sure that
<DIV></DIV>>if she tells a person to get off in January and a cop (or other witness)
<DIV></DIV>>is there and you show up again in Feb and once again witnessed, then you
<DIV></DIV>>are trespassing. Flying over her trailer is not trespassing.
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>Gray Fowler
<DIV></DIV>>Principal Chemical Engineer
<DIV></DIV>>Composites Engineering
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