[AT] Quick question

Steve W. swilliams268 at frontier.com
Fri Nov 13 07:06:00 PST 2015


ATIS wrote:
> Thanks for all the replies!  I have answered them below.    Sorry it
> is so long.
> 
> First:  The courts do not grant legal fees unless there is suit
> specifically for it or the behavior from the plaintiffs and their
> legal counsel is egregious that you can file a motion to sanction.
> We have filed one of those this go round because they re-filed a
> complaint that has already been dismissed.   We'll see where that
> heads.
> 
> Second:  Yes - winning is not the point.   See below on what I really
> think is happening
> 
> Third - Yes - This is a right to farm state but that only means you
> are more likely to win, it does not protect you from the very
> expensive process of defending those suits.   Plus my neighbors are
> careful to sue on periphery issues.   See below.
> 
> Fourth - Funny thing about the pigs - I mentioned it to my local Ag
> agent and Fed farm agent as a joke and he said - sure you could.  So
> I have actually been cleared for a feeder pig operation - up to 250
> animals.  I was hoping that fact would slow them down but it didn’t.
> 
> Fifth - What am I being sued for?   What haven’t I!  They are
> generally pretty careful to use complaints and issues that are not
> directly attacking the farming operation itself. I presume they do
> this to maximize the amount of time my lawyer would have to spend on
> them.  The complaints are all centered around loss of value (farming
> district so not my problem), improper surveys(there are none),
> improper subdivision and platting of the land(latest to be
> dismissed), using industrial style fencing instead of agricultural(
> which I don't obviously), just whatever BS they can come up with that
> might require subjective judgment from the courts and would require
> money to defend. That sort of thing.
> 
> The neighboring large landowner who owns many tracts around the
> county and used to farm passed a few years ago.   His adult
> children(my age) have been developing them.   I believe; as does my
> lawyer, these adult children have established an evil alliance with
> the two McMansion neighbors suing.   The ultimate goal is developing
> the neighboring tract to further boost and solidify values for the
> new development and the MacMansion neighbors.
> 
> They did tangle with the wrong guy though.   They'll get my farm from
> my cold dead fingers.
> 
> Thanks again for listening!
> 
> Spencer Yost
> 

If the landowner and the "neighbors" are working together, and you can 
prove a link between them, you might have a way to go after them under 
extortion laws as well as mental anguish.

It sounds like you may need to do some digging and uncover the reasons 
and people involved, then go after them. May cost you some money but if 
they are suddenly the ones facing the law, it might just make them shut up.

-- 
Steve W.



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