Lawsuit Update

[Gray E Fowler]

I met with other club officials Saturday morning and here is what we are 
doing.

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

1. Are you aware of anyone crashing on or near her property.
2. Did she come over to our property and fall and break her arm

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

1. A face to face meeting with the County Managers who reveiwed our club 
documents.
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.
3. Repeated Sherrif visits from her complaints, where as no action is ever 
taken.
4. Results from County Commisioners court in front of a judge, whereas her 
claims were dismissed.

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. 
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.
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.

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.

So we are posting a denial of all claims today.

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. 



Gray Fowler
Principal Chemical Engineer
Composites Engineering
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