[SEL] Quick question
Arnie Fero
fero_ah at verizon.net
Fri Nov 13 09:04:10 PST 2015
Spencer,
Man I feel your pain. This use of the court system to abuse and
harass totally sucks. Locally, we get that
sort of abusive rubbish lawsuits from neighbors who have moved in or
built near our gun range. Claims of
noise pollution, safety, etc. The gun range has been there for decades
before these crybabies came on
the scene.
Large corporations have used the same tactic against locals protesting
some aspect of their operation.
Sue the little guy (the protester) to get him to shut up and go away or
bankrupt him with the same effect.
Tort reform is the solution, wherein the loser in a lawsuit pays the
legal fees of the winner. It would virtually
eliminate the sort of bullshit lawsuits that are being filed against
you.
Talk to your state and national legislators and see what is currently
happening with regard to tort reform.
GOOD LUCK! And when you get that pig operation up and running, I hope
the MacMansions are
downwind. Might also be nice to spread the pig manure on the fields
adjacent to the
MacMansion properties. Gotta keep those fields fertile.
See ya, Arnie
Nov 12, 2015 10:10:03 PM, sel at lists.stationary-engine.com wrote:
Just a quick question: I have a completely legal farm: Properly
zoned, above the minimum size, and part of an agricultural district.
I am constantly getting sued by the mac-mansion neighbors around me.
They always lose and in fact the last time the judge dismissed "with
prejudice". I assumed that would keep anyone from suing but it
doesn't. It just means I win but I still have to spend money to
defend it. In fact, I was served yet again with a lawsuit early this
week.
In short: There does not seem to be a disincentive built into the
system to prevent suits - even if I keep winning. My legal team -
who keeps winning so I am biased towards listening - says filing a
suit against the neighbors for frivolous lawsuits would probably
fail. They say the court requires "malice and callous disregard for
the merits" for that to stick and it's a high bar to prove. The fact
they won't take that on contingency sort of proves to me they
believe what they say. A second opinion I sought supported their
position.
Anyone else who is farming on this list that is running up against
this? Just curious. The legal bills are becoming onerous and
everyone I talk to locally has not seen this.
Spencer Yost
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