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Joined: Dec 2008
Posts: 6
Fingerling
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OP
Fingerling
Joined: Dec 2008
Posts: 6 |
have roughly an acre oblong shaped pond...recently a developer came in a started building a giant strip mall upstream of our pond....the pond (which at present is only 3 feet deep), quickly became muddy and soon after it cleared up, all this underwater vegetation sprang up....could legal action be taken to help with the re-excavation?? has a nice fish population....should total draw down and re-dig be needed or just clear up what we have and not worry about the depth?
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Joined: Jun 2007
Posts: 7,099 Likes: 23
Ambassador Field Correspondent Hall of Fame  Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,099 Likes: 23 |
I responded in your other post.
BTW, I've spent $50K for a lawyer on a $55K piece of land when a neighbors pond dam failed 3 times and then he decided to block our access road.
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Joined: Jul 2006
Posts: 7,615 Likes: 5
Ambassador
Field Correspondent Lunker
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Ambassador
Field Correspondent Lunker
Joined: Jul 2006
Posts: 7,615 Likes: 5 |
BTW, I've spent $50K for a lawyer on a $55K piece of land when a neighbors pond dam failed 3 times and then he decided to block our access road. YIKES!
JHAP
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"My mind is a raging torrent, flooded with rivulets of thought cascading into a waterfall of creative alternatives."
...Hedley Lamarr (that's Hedley not Hedy)
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Joined: Jun 2007
Posts: 7,099 Likes: 23
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,099 Likes: 23 |
YIKES is right!!!!
2 years in court now for something VERY stupid! First trial was supposed to be in Oct of 2007 but he asked for and got a continuance. It's now scheduled for Dec 9 so I'll let everyone know how it goes. We've been hometowned on several rulings and the judge retires at the end of this year so.....
The guy we bought our land from decided he liked our pond we built so he blocked the only access road to it so we would sell it back cheap. We had no choice but to take it to court. Plus he had a pond built that the dam failed on 3 times in less than 2 years washing out our road all 3 times and ruining a freshly landscaped, quarter mile long, creek bed. He claims the road does not exist and that his dam never failed even though the guy he paid to repair the dam is testifying.
My 50K plus what he has spent on a lawyer would build one HECK of a road and pond!!!!!!!!!!
Last edited by Rainman; 12/05/08 04:13 AM. Reason: I add that we are absentee land owners 160 miles from the property
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Joined: Jul 2006
Posts: 7,615 Likes: 5
Ambassador
Field Correspondent Lunker
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Ambassador
Field Correspondent Lunker
Joined: Jul 2006
Posts: 7,615 Likes: 5 |
Jeez Rainman, that is a horrible, horrible story.
JHAP
~~~~~~~~~~
"My mind is a raging torrent, flooded with rivulets of thought cascading into a waterfall of creative alternatives."
...Hedley Lamarr (that's Hedley not Hedy)
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Joined: Jun 2005
Posts: 2,365
Lunker
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Lunker
Joined: Jun 2005
Posts: 2,365 |
Jeez Rainman, that is a horrible, horrible story. It's horribler than horrible. It's atrocious!  I bet Rainman is on the warpath, but I'm afraid to ask him.
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Joined: Jun 2007
Posts: 7,099 Likes: 23
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,099 Likes: 23 |
No warpath..........yet. The laws in Missouri are clearly against everything this guy has done, BUT, if the judge hometowns us in a ruling against us or doesn't make this clown pay some SERIOUS damages, this little old burnt-up dude with a crooked nose might just explode!!!
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AGAIN!!!!!
It's a good thing my original Dr. is still in charge of the burn unit at the University of Missouri Hospital!
Last edited by Rainman; 12/05/08 04:18 AM.
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Joined: Dec 2008
Posts: 6
Fingerling
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OP
Fingerling
Joined: Dec 2008
Posts: 6 |
seems like i'm not the only one who has run across these type of issues!! Can't have anything nice without someone inadverently making a mess out of it!!
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Joined: Jun 2007
Posts: 7,099 Likes: 23
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,099 Likes: 23 |
Well after a 2 day trial and almost every single witness, even defense, testified the access road to my land was the ONLY wy in and had been public for as far back as 1940, the judge ruled the road was NOT public and denied us ANY easement.
Not only did we lose big-time and have to go through the appeals process, the ruling left us with no access to our property.
Maybe some days were NOT made for Michelob!
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Joined: Jun 2007
Posts: 7,099 Likes: 23
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,099 Likes: 23 |
Guitar dog, sorry for highjacking your thread!
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Moderated by Bill Cody, Bruce Condello, catmandoo, Chris Steelman, Dave Davidson1, esshup, ewest, FireIsHot, Omaha, Sunil, teehjaeh57
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My First
by Bill Cody - 05/06/24 07:22 PM
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