Author Topic: Would like advice on legal problem with neighbor  (Read 16170 times)

charby

  • Necromancer
  • Administrator
  • Senior Member
  • *****
  • Posts: 29,295
  • APS's Resident Sikh/Muslim
Re: Would like advice on legal problem with neighbor
« Reply #50 on: May 01, 2012, 08:32:48 AM »
I thought it was about 1 fluid ounce.  ;/

Actually a little more, slightly

Iowa- 88% more livable that the rest of the US

Uranus is a gas giant.

Team 444: Member# 536

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #51 on: May 01, 2012, 06:21:38 PM »
Note to self. Either get your abbreviations right the first time, or learn to recognize snark better.

30 millimeter was what I meant.

I thought you were talking about something I'd never heard of.

It would be interesting to see what a 30mm would do to a large pile of dirt. 

Tallpine

  • friends
  • Senior Member
  • ***
  • Posts: 23,172
  • Grumpy Old Grandpa
Re: Would like advice on legal problem with neighbor
« Reply #52 on: May 02, 2012, 12:01:12 AM »
I thought you were talking about something I'd never heard of.

It would be interesting to see what a 30mm would do to a large pile of dirt. 

Or a 2400 caliber backhoe bucket  ;)
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #53 on: April 09, 2013, 12:44:37 AM »
Well, after more than a year of phone calls, letter writing and in person conversations, the TCEQ finally showed up - after only one appointment cancellation!

Last January, I was able to get in touch with the new County Commissioner, (had to wait until he'd taken office after the Nov election).  After a letter and a couple phone conversations he came out to look over the situation.  He, as so many others, said it wasn't his job.  But he did call the TCEQ and ask them why they wouldn't take action. 

That's what prompted the TCEQ rep to call me.  We chatted on the phone a couple times (a pattern has formed), and I faxed over my two letters to another gent there, along with his one response.  Three weeks later (April 2) he made it here.  We talked & walked, he took pictures of the flooded area and two areas of my property that are inaccessible due to the flooding.  As he was leaving, he drove down the road and took pictures of the neighbors' property & pond.  He also stopped and talked with the neighbor.

I don't know what the neighbor told the TCEQ rep, but I'm betting it wasn't 100% honest.  I'm assuming that due to what the lady neighbor said when she called later that evening - a lot of what she relayed from her husband was either a different story from what he's been telling me all along or was a complete and utter lie. 

The TCEQ rep said he'd have to file a report with his superiors and didn't know how long it would take for a decision to be made.

So far I've annoyed two County Commissioners and their secretaries, two TCEQ rep's and two Soil Conservation rep's (one of them twice).  And I've pissed off the neighbor & his wife, which could have serious ramifications later on if/when he/they decide to "get even" (since they're both cops, it could be bad).  And, last but certainly not least, my dear wife is royally pissed at both the neighbor and me.  Sigh.

French G.

  • friend
  • Senior Member
  • ***
  • Posts: 10,192
  • ohhh sparkles!
Re: Would like advice on legal problem with neighbor
« Reply #54 on: April 09, 2013, 05:02:07 AM »
Can I vote for sell the property? This whole getting even thing doesn't sound worth the eventual possible outcomes.
AKA Navy Joe   

I'm so contrarian that I didn't respond to the thread.

geronimotwo

  • friend
  • Senior Member
  • ***
  • Posts: 3,796
Re: Would like advice on legal problem with neighbor
« Reply #55 on: April 09, 2013, 07:16:24 AM »
bad neighbors suck!  (at least, that's what all my neighbors keep telling me  ;/ )

Quote
I don't know what the neighbor told the TCEQ rep, but I'm betting it wasn't 100% honest.  I'm assuming that due to what the lady neighbor said when she called later that evening - a lot of what she relayed from her husband was either a different story from what he's been telling me all along or was a complete and utter lie.


details?
make the world idiot proof.....and you will have a world full of idiots. -g2

Balog

  • Unrepentant race traitor
  • friends
  • Senior Member
  • ***
  • Posts: 17,774
  • What if we tried more?
Re: Would like advice on legal problem with neighbor
« Reply #56 on: April 09, 2013, 03:21:56 PM »
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

vaskidmark

  • National Anthem Snob
  • friends
  • Senior Member
  • ***
  • Posts: 12,799
  • WTF?
Re: Would like advice on legal problem with neighbor
« Reply #57 on: April 09, 2013, 03:49:44 PM »
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.

Don't sugarcoat it.  It's better if he knows what he's in for.

stay safe.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.

French G.

  • friend
  • Senior Member
  • ***
  • Posts: 10,192
  • ohhh sparkles!
Re: Would like advice on legal problem with neighbor
« Reply #58 on: April 09, 2013, 04:04:24 PM »
That's why I vote for move. The legal standard for "he needed killin" at the end game is going to be much higher since he is part of the "justice" system.

I've been in the documented death threats with neighbors game. So far, I rate it as fun, they apparently aren't equipped for people who don't give a damn about their hot words. I was always pleasant, friendly and within arm's reach of a gun.
AKA Navy Joe   

I'm so contrarian that I didn't respond to the thread.

wmenorr67

  • friend
  • Senior Member
  • ***
  • Posts: 12,775
Re: Would like advice on legal problem with neighbor
« Reply #59 on: April 09, 2013, 06:55:54 PM »
Wonder if the Army Corps of Eng would be interested?. ???
There are five things, above all else, that make life worth living: a good relationship with God, a good woman, good health, good friends, and a good cigar.

Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier.  One died for your soul, the other for your freedom.

Bacon is the candy bar of meats!

Only the dead have seen the end of war!

Hawkmoon

  • friend
  • Senior Member
  • ***
  • Posts: 27,277
Re: Would like advice on legal problem with neighbor
« Reply #60 on: April 09, 2013, 08:30:25 PM »
You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.

^^^ QFT.

Sell. There are some battles that you can't afford to win OR lose.
- - - - - - - - - - - - -
100% Politically Incorrect by Design

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #61 on: April 09, 2013, 10:37:30 PM »
details?

Let's see, there was the story about how the pond came to be.  The original story, as told to me when we first started discussing the problem, was that the previous owner had the dam rebuilt 'cause it was deteriorating.  The new story is that the county and prior owner agreed to have the pond built by the county to alleviate flooding of the road on the far side of their property.  I have a hard time believing that for a couple reasons: the higher level of water behind the dam actually contributes to more frequent flooding of the road on this side of their property; and the amount of water flowing under the far road is the same amount once their pond fills.  At most it might keep the far side road from flooding for the first rain of the year.

I'd written him basically a cease and desist letter months ago.  For the following few months my wife and I would acknowledge his presence by waving, etc. when we'd see him - he'd never return the courtesy.  The last time we were driving in different directions, closing at about 15mph.  He saw us.  He deliberately turned his head away.  Seems he told his wife that we were/are the ones who won't acknowledge him.

He's blaming our pond for the flooding.  Not possible.  There is some minor seepage from our pond, just enough to keep the ground wet at the base of the berm.  Certainly not enough to flow 100 yards downstream and create a 2' deep pool that then flows under the road and into his pond.  If the seepage from my pond flowed that much water the pond would be empty in less than a day.

He's awaiting a report from Soil Conservation on what to do.  Hard to believe, since they told me the problem is none of their business and they're not going to do anything about it.  Two agents from Soil Conservation told me that on 3 different occasions.  

And, unrelated to this, he's bragged in the past about how many CHL's he'd been instrumental in having revoked.

You have just angered a proven dishonest cop, in a small TX town firmly entrenched in the good ole boys network. I'd make sure I have comprehensive camera coverage of both your property and every part of your vehicle for the nigh inevitable planting of drugs/murder weapons/child porn. You've just made an enemy of what is basically a large and powerful criminal organization that is part of the .gov and is assumed to be telling the truth in court unless documented otherwise. Prepare for war my friend.

Here I'd been worrying about things like harassing traffic stops and such.  You are correct, he can do quite a bit more than just that.  

As for selling, it'd be hard to sell with part of the property flooded and other parts inaccessible due to the flooding.  We didn't see it when we bought the place, that entire area was seriously overgrown.  Two large trees had fallen in that area and I didn't find them until almost a year after we moved in.

DW has been looking at other properties online lately, mainly 'cause she'd like to be closer to a city.  May end up being that we'll full-time it in the motorhome again for a while.

Tallpine

  • friends
  • Senior Member
  • ***
  • Posts: 23,172
  • Grumpy Old Grandpa
Re: Would like advice on legal problem with neighbor
« Reply #62 on: April 10, 2013, 10:55:19 AM »
Used to be that living next to a cop was a good thing  =(
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #63 on: April 11, 2013, 10:43:16 PM »
Yeah, it used to be that way.  Oh well, times change.

Figure I'll be here until either DW has had enough of country living or I can't keep up with the yard work, which will most likely be when they're ready to plant me.  On the whole, I like this place and ain't leaving until absolutely necessary.

roo_ster

  • Kakistocracy--It's What's For Dinner.
  • friend
  • Senior Member
  • ***
  • Posts: 21,225
  • Hoist the black flag, and begin slitting throats
Re: Would like advice on legal problem with neighbor
« Reply #64 on: April 12, 2013, 10:24:00 AM »
Know anyone into radio controlled aircraft into aerial photography?  It would be interesting to see the whole deal from up high before and after a heavy rain.  With some of the nice cameras, now, you don't have to go over his property to get good images of things like flooding.
Regards,

roo_ster

“Fallacies do not cease to be fallacies because they become fashions.”
----G.K. Chesterton

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #65 on: April 13, 2013, 11:17:02 PM »
No, I don't.  One of these days I'll have the time & working area to get mine back in the air, but this will (hopefully) be done and over with by then.  It'd sure be nice to have some overhead views. 

I might could get a pic or two from ground level that would give an idea of what's happening.  Don't have to wait for a heavy rain.  The area's flooded 12 months out of the year, except for the last couple years when there's been such a serious drought, then it's dried up for about a month and a half at the end of the summer.

Balog

  • Unrepentant race traitor
  • friends
  • Senior Member
  • ***
  • Posts: 17,774
  • What if we tried more?
Re: Would like advice on legal problem with neighbor
« Reply #66 on: August 02, 2013, 12:51:42 PM »
How you doing Cliffh? Keeping the peace with the local thugs?
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #67 on: August 03, 2013, 11:35:12 PM »
Sort of. It's about 50/50.

Standing in line at the store this evening and heard the lady neighbor say "Hello Cliff".  Turned to see both of them standing a few feet away, said Hi, and he turned and walked off without saying a thing.  And my wife had to call over there this evening.  A gent stopped by to say some of the neighbor's cattle were in the road, but he couldn't tell the neighbor 'cause his driveway gate was closed.  Personally, I say piss on the bastard and let his cattle run off - but my wife's a better person than I.

I was thinking of this problem this afternoon - after I noticed that another one of our trees has fallen across the creek.  Seems it's died, most likely from having it's roots constantly wet.

Still haven't been able to come up with the $5,000 retainer, so taking him to court isn't happening for a while yet.  My plans are to write both the state rep & senator about how the state water folks (TCEQ) won't do anything about the flooding and see if one or both of them might be able to light a fire under the TCEQ.  Not going to hold my breath on that working.

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #68 on: August 09, 2013, 11:51:06 PM »
I wrote and sent letters to both the state Senator and Representative, asking what would have to be done to get TCEQ to do their job.

There's a very helpful lady working in the Rep's office, we've talked before on other matters.  She called the day after I mailed the letters to let me know she'd tried contacting TCEQ and was awaiting their call.  She called again today after speaking with the TCEQ rep.  The news was not good, but what I'd expected (and had told the nice lady would probably be their response). 

The story she heard was changed a bit from what they'd told me.  This time it was that, since impounding water for ag or livestock use doesn't require a permit, they (TCEQ) can't do anything.

Time to start a push for (shudder) more legislation requiring TCEQ to enforce all of the TX water codes, not just the ones they feel like.

geronimotwo

  • friend
  • Senior Member
  • ***
  • Posts: 3,796
Re: Would like advice on legal problem with neighbor
« Reply #69 on: August 11, 2013, 11:19:29 AM »
Still haven't been able to come up with the $5,000 retainer, so taking him to court isn't happening for a while yet.  My plans are to write both the state rep & senator about how the state water folks (TCEQ) won't do anything about the flooding and see if one or both of them might be able to light a fire under the TCEQ.  Not going to hold my breath on that working.

it really irks me that the legal system is set up to ensure the use of attorneys on both sides.  one would think that any individual could research the code/lawbook, and be able to present their case to a fair judge and get an unbiased ruling.
make the world idiot proof.....and you will have a world full of idiots. -g2

Scout26

  • I'm a leaf on the wind.
  • friend
  • Senior Member
  • ***
  • Posts: 25,997
  • I spent a week in that town one night....
Re: Would like advice on legal problem with neighbor
« Reply #70 on: August 11, 2013, 11:54:13 AM »
The guild doesn't want that.  Hence, that why the laws, as written by lawyers is vague and complicated.  Job security and all.  "The law is complicated and obtuse, you need at lawyer to win."
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

Cliffh

  • friend
  • Senior Member
  • ***
  • Posts: 2,258
Re: Would like advice on legal problem with neighbor
« Reply #71 on: August 11, 2013, 10:38:07 PM »
it really irks me that the legal system is set up to ensure the use of attorneys on both sides.  one would think that any individual could research the code/lawbook, and be able to present their case to a fair judge and get an unbiased ruling.

I was thinking the exact same thing this afternoon.  I've got a bit of evidence collected already, and ideas of some other to look for, but I doubt I'd get very far in a courtroom without representation.  Especially since he's sure to show with an attorney.