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It has been said that a person who acts as their own lawyer, has a fool
for a client. Bill Glaze<br>
<br>
Gray E Fowler wrote:<br>
<blockquote
cite="midOF5F687C39.86E56557-ON86256FCB.005A0832@mck.us.ray.com"
type="cite"><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>
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