Lawsuit Update

[Larry Diamond]

Gray


My two cent FWIW

Although I believe you should consult an Attorney before going in the court
room, you will need to understand the rules of the game. In some states an
attorney may be present, but can’t represent you during the Small Claims
court proceeding. This is an effort to keep the playing field level and yet
allow both side to represent their best case
It would be wise to go and
observe the court and the JP prior to your court date. This will give you an
idea of how the JP operates. Also, if someone else shows up with an
attorney, you can observe the JP’s reaction.

More important than going to court, and has been stated in other threads
before mine
”Your club needs a Win-Win scenario.” If you go to court and
your club wins the decision, she loses
.Hence Win-Lose and she will still
continue.

As long as the Win-Lose results exist, eventually it will get somebody’s
attention and the club will lose the flying site.

The only way to result in a Win-Win is to get your smoothest talking club
member (selling skills) and approach her in an effort to solve the problem
in such a way that both parties are happy. If your Board of Directors can
meet personally with her and let her know that they will carefully consider
her concerns and would be willing to work with her to change or modify some
club rules. It is more likely that the Board can state the club rules to
show that her interests are not only protected, but the club should be
operating by them. Also it may be best to find a volunteer to take her calls
(complaints) by a club member who can help communicate with the members.

You mentioned flying over her trailer is not trespassing. Although this is
legally correct, it is in violation of AMA safety rules and your club
probably has rules against flying over her trailer if it’s close to the
field.

She is most likely more frustrated at not being taken seriously and thus
continues to push on any minor irritation by the club. If your club can make
her feel like she is important enough to be heard and address her real
concerns, she may end up being a supporter of the club. At a minimum, reach
a compromise, then set a date for a follow-up meeting to see how things are
going.

I highly recommend that the person who initially confronts her has very soft
people skills with outstanding salesmanship.

In summary
  If your club actually makes it to the court room, the club has
already lost no matter what the verdict. Most results of a Small Claims case
are printed in a local newspaper. The club will not want political
sympathizers on her side


Larry



________________________________________
From: discussion-request at nsrca.org [mailto:discussion-request at nsrca.org] On
Behalf Of Gray E Fowler
Sent: Monday, March 21, 2005 12:18 PM
To: discussion at nsrca.org
Subject: Lawsuit Update


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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