[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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