Lawsuit Update

[John Ferrell]

I would love to have an RC field next door! But no airplanes over the house/yard. The rest of the property is no problem though...
Just don't go to court and tell ANYONE it is OK to fly over their house...
You can win a battle and lose the war!

John Ferrell    
http://DixieNC.US

  ----- Original Message ----- 
  From: Gray E Fowler 
  To: discussion at nsrca.org 
  Sent: Tuesday, March 22, 2005 3:14 PM
  Subject: Re: Lawsuit Update



  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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