Lawsuit Update

brianyemail-nsrca at yahoo.com brianyemail-nsrca at yahoo.com
Tue Mar 22 11:48:59 AKST 2005


Didnt that guy in a Dodge commercial hookup to some
diner and pull it to Phoenix?

Maybe you should call him.

Worth a shot...

--- Gray E Fowler <gfowler at raytheon.com> wrote:

> Her trailer is at least 1500 feet away in the very
> corner past the flying 
> field. Flying directly over her house is possible
> but not likely. 
> We are not in violation of AMA rules. There are
> NEVER routine flights over 
> her house which would be in violation of AMA rules.
> AMA provides insurance because as you all know
> regardless of "flying over" 
> a house that all of us could experience a plane that
> flys 1/4 to 1/2 a 
> mile before impact.
> John, I am sure you deserve peace in the country,
> but if you built your 
> house adjacent to an existing county supported RC
> field, I would not have much sympathy for your peace
> 
> either....not to mention as I did earlier, the cars
> on the road are 2-3X 
> louder and more consistent and it is also a favorite
> road of the Harley 
> crowd on the weekends which is 5X louder than a .46
> trainer directly 
> overhead at 100 ft high ( which at 1000 ft from the
> runway is not a 
> realistic situation either).
> 
> I never stated in any post that we fly over her
> house. She may state that 
> , as she has stated many incorrect facts.
> Insinuating that we are flying 
> over her house and violating AMA rules does not help
> my cause.
> 
> 
> 
> Gray Fowler
> Principal Chemical Engineer
> Composites Engineering
> 
> 
> 
> 
> "John Ferrell" <johnferrell at earthlink.net>
> Sent by: discussion-request at nsrca.org
> 03/22/2005 01:17 PM
> Please respond to discussion
> 
>  
>         To:     <discussion at nsrca.org>
>         cc: 
>         Subject:        Re: Lawsuit Update
> 
> 
> Remember, I am on your side:
> 
> "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."
> I live in the country and noise does make a
> difference to me. Flying over 
> my 
> house other than the first time is not negotiable.
> 
> In fact, if I am ever able to identify who leaves
> the cast off deer parts 
> in 
> the ditch, I am going to deliver them to their front
> porch!
> 
> People who live in the boonies expect a measure of
> peace and privacy!
> 
> John Ferrell
> http://DixieNC.US
> 
> ----- Original Message ----- 
> From: "Larry Diamond" <lld613 at psci.net>
> To: <discussion at nsrca.org>
> Sent: Monday, March 21, 2005 9:34 PM
> Subject: RE: Lawsuit Update
> 
> 
> 
> 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
> 
> 
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