[SEL] Quick question

[STRAIGHT from SanFran]

Mr. Yost;

I don't have actual farm experience but I do have legal harassment
experience.

I do recall a farmer friend here in California getting letters threatening
legal action for doing his regular farm processes. One complaint was by a
lady that he was spraying after the legal hour allowed. Her proof was that
his tractor crossed the road five minutes after the limiting hour. She
called whatever government department in charge of that and repeatedly
complained. So here we have the government, using the farmer's tax dollars,
spending time to annoy him. That was just one farmer with one neighbor and
this goes on all the time. They move to your area, then complain about what
has been happening for generations.

I was involved in years of expensive litigation that I "won" in the end.
The people suing me were judgement proof an I never collected on my
judgments. When I was paying and complaining about my final legal bill the
lawyer said "But you won." I won the opportunity to keep what I already
owned. It was like paying for something twice.

The problem is the entire legal system and there is no solution. The
lawyers are in the legislature and they make the rules. As long as people
sue, the legals make money; and if the drag out the process, they make more
money.

Paul in litigious California



On Thu, Nov 12, 2015 at 7:06 PM, ATIS <yostsw at atis.net> 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
> _______________________________________________
> SEL mailing list
> SEL at lists.stationary-engine.com
> http://www.stationary-engine.com/mailman/listinfo/sel
>