LisaKW@bellsouth.net Posted February 1, 2011 Report Share Posted February 1, 2011 I believe you can do a search on the forum and find all manner of documentation as to what happened, when, where, etc. As I understand it, the tractors dug into his property with markers clearly showing it wasn't their land, and the planning/zoning/whoever wouldn't stop them. In such a case, I don't see how they could have offered him money up front. BTW - just because most people might cheat (which I will not acknowledge, but just for the sake of argument) doesn't mean everyone does or would. I cannot speak for surepip, but I would bend over backwards before I would ever knowingly cheat anyone out of anything. Thank you for inviting me to the PCom BBQ, but don't expect me to drink the Kool-aid. Anything posted on PCom that is not a copy of the actual court documentation/filing, is just "he said/she said". All we have heard so far is SP's version, what Pubby says or "I heard from my Cousin Sally's friend who heard this at the dog groomer..." 1 Link to post Share on other sites
surepip Posted February 1, 2011 Report Share Posted February 1, 2011 Pubby, I understand the situation and I'll be a little more clear for those of you who are being deliberately obtuse. According to many posts on PCom from several members, MANY developers in the County are/were corrupt, crooked or otherwise not quite on the up-and-up. They were always looking for ways to get what they wanted and screw the little guy. BUT SP is one of the ONLY people who has always been fair and straight up in ALL of his dealings? The one GOLDEN CHILD who would never try to jack his price up to get more money in a time when the market was flourishing, never tried to stick it to the Gov't? My question: Did the Gov't originally offer you any money for your land? Or did they just build around you? I would really like to see the documentation that led up to this and not just keep hearing "The Gov't screwed me". I want to see what led up to it and not just read this rhetoric. FYI: Neither the government or the developer offered us anything. And the government turned a blind eye to the developer ignoring the zoning stipulations Minutes of zoning meeting March 2005 And then turned a blind eye to where our corner markers were allowing the developer to bulldoze trees on our land, and all of the buffer. Pubby has the copy of Judge Beaver's ruling on the Anti-slap where it clearly states both the BOC and their attorney had violated OCGA9.11.11.1 and they had to pay our legal fees as a result. I don't know how to post pdf files. We are paying taxes on the roadbed now. We had 3.23 acres before, and that is what we are still paying taxes on. According the Dean Olson's April 2006 survey when they were grading for the road, we now only have 3.1 acres. Want a copy of our tax bill and the plat ? We have emails from Scott Green at PDOT informing us since the overall right of way was changing from 60' to 50', and because 45' of the 60' had come from us, we would get back 10 feet of land along the right of way. Instead, they allowed the developer to take 2-1/2' of our existing 15' right of way. We have a paper trail that a jury will enjoy following, and the county knows that. So they spend, spend, and spend to prevent us from exercising our 1st amendment right to seek redress against the government. Link to post Share on other sites
surepip Posted February 2, 2011 Report Share Posted February 2, 2011 I guess possibly the same reason the county is spending so much time and money on the case - I suppose the county and their legal counsel feel strongly enough about the case and their position in the case, thus the reason for expending the money to defend the case. In the end, I just want the party that has been wronged to win. But I won't be basing my opinion on what I "hear" on paulding.com or any other message forum - if I want to know badly enough, I will simply attend when the trial begins and get ALL the facts from BOTH sides. We should always remember there are two sides to every story and we are only hearing ONE side here. For those who doubt what the county has paid Holland & Knight in our case, why don't you send in an open records request of your own ? Let me know if you need the format and I will send it and the necessary email addresses to you. Don't believe my hear-say, check it for yourself. Won't cost you a thing if you just ask for the totals. The November 18th ruling is available from the Clerk of the Court, or pm me your email and I will send you the pdf files. Again, read it for yourself. It is self explanatory. Since then Wiener did appeal the ruling, and that appeal was subsequently denied by the judge. Wiener/Holland & Knight continue with the cash cow arrangement with the county and in essence, by allowing this to go on and on and on, the tax payers of Paulding are bankrolling the politicians and PACs that Holland & Knight supports. Note they are still donating money to Richardson PAC. Link to post Share on other sites
thedeerslayer Posted February 2, 2011 Report Share Posted February 2, 2011 Pubby, I understand the situation and I'll be a little more clear for those of you who are being deliberately obtuse. pot meet kettle 1 Link to post Share on other sites
bvrat5199 Posted February 2, 2011 Report Share Posted February 2, 2011 It amazes me how people will defend the county keeping this out of court no matter what the reason. No matter who is right or wrong this should have stopped years ago, and a lot of TAX PAYER dollars ago. It equally amazes me that a lot of you are "tea Party" folks who believe in less spending and less gov't. This is a PERFECT example of what is wrong with the system and yet the actions are being defended. How much of the money spent on keeping this case out of court could have been used to improve schools, roads, or balance the county budget? That this can go on for FIVE years at ANY cost CAN NOT be defended....well it can, but it shows ones true colors. 4 Link to post Share on other sites
surepip Posted February 2, 2011 Report Share Posted February 2, 2011 It amazes me how people will defend the county keeping this out of court no matter what the reason. No matter who is right or wrong this should have stopped years ago, and a lot of TAX PAYER dollars ago. It equally amazes me that a lot of you are "tea Party" folks who believe in less spending and less gov't. This is a PERFECT example of what is wrong with the system and yet the actions are being defended. How much of the money spent on keeping this case out of court could have been used to improve schools, roads, or balance the county budget? That this can go on for FIVE years at ANY cost CAN NOT be defended....well it can, but it shows ones true colors. We offered to sit down and negotiate a settlement a month or so after David Austin took office. Our offer was rejected. The judge ordered a court mediation December 2009, almost a year after Austin took office. The county offered to drop their counterclaims for legal fees [which they filed on us because we had the "nads" to actually sue them] to the tune of over $1million if we walked away. And now the judge has ruled in our favor acknowledging the county has broken the law in their attempts to deny us our 1st amendment right to seek redress against the government, and scheduled a hearing to determine exactly HOW MUCH the county has to pay us, and instead the county and their attorney want to continue to argue various case law to get an appeal even though their initial appeal was rejected out of hand. Pouring more good money after bad down the hole. Their lawyer stands there and demands that our attorney's fees of $300,000 are too exhorbitant. Yet, their lawyer has been paid more than $1,300,000 by the county in the same cases in which the judge has ruled he was wrong and that he has lost. Note the county's attorney is responsible for paying part of our attorney's fees. He charges more than 4 times as much to the BOC for losing the case, and claims we paid too much for winning it. Excuse me ? Link to post Share on other sites
mei lan Posted February 2, 2011 Report Share Posted February 2, 2011 It amazes me how people will defend the county keeping this out of court no matter what the reason. No matter who is right or wrong this should have stopped years ago, and a lot of TAX PAYER dollars ago. It equally amazes me that a lot of you are "tea Party" folks who believe in less spending and less gov't. This is a PERFECT example of what is wrong with the system and yet the actions are being defended. How much of the money spent on keeping this case out of court could have been used to improve schools, roads, or balance the county budget? That this can go on for FIVE years at ANY cost CAN NOT be defended....well it can, but it shows ones true colors. this is EXACTLY my point in this whole mess. Regardless of the outcome of the Morrisons' case, this should have been adjudicated EONS ago. This delay is an affront on every level. Oh, and BTW, in response to Epiphany's scoffing that Surepip never did anything wrong - it matters not whether suerpip is a serial killer in this matter. That's not what's being argued. What's being argued is whether the developers took his land unlawfully and with the county's approval. Link to post Share on other sites
LisaKW@bellsouth.net Posted February 2, 2011 Report Share Posted February 2, 2011 this is EXACTLY my point in this whole mess. Regardless of the outcome of the Morrisons' case, this should have been adjudicated EONS ago. This delay is an affront on every level. Oh, and BTW, in response to Epiphany's scoffing that Surepip never did anything wrong - it matters not whether suerpip is a serial killer in this matter. That's not what's being argued. What's being argued is whether the developers took his land unlawfully and with the county's approval. It doesn't matter if SP did anything wrong? Just that the County did something wrong? Wow. Just wow... Bowing out of here. Paddle faster, boys, I hear banjos. Link to post Share on other sites
gpatt0n Posted February 2, 2011 Report Share Posted February 2, 2011 Is there an understandable justification for the county's position? It is obvious that their current actions are designed to foster the belief you 'can't fight city hall.' I.e. that the cards are so stacked against any individual citizen that any attempt to force a change in policy or reverse a procedure will be met with not only failure, but thee government will make an effort to ruin of the person having the audacity to challenge the powers that be. I certainly don't think the current county administration has even thought about what the county's actions are saying. They inherited the litigation and their advisors - the lawyers defending the county in this matter - just have the litigate the opponent to death as their strategy. (It is actually a common one - so common state legislatures in reaction to the strategy passed the anti-SLAPP legislation to counter it and dissuade governments and corporations from using it.) Still, I don't even think the prior administration sat down and pronounced their intense dislike for the plaintiffs and vowed to litigate them into the poor house. Rather, I imagine they had a discussion about how they didn't want to go to court and have the issues judged and they simply hired the lawyers that promised they could do that. Regardless, in the real world, actions always speak louder than words. I think the commission, as they sit around the boardroom in executive session, should recognize that regardless of their intentions in this matter, the message being communicated is 'to hell with right or wrong, we will crush you if you challenge us.' The message I think the average voter would prefer they utter is, "let's go to court and figure out if something went wrong and if it did, lets let freedom and justice prevail, what ever that may be." pubby Link to post Share on other sites
mei lan Posted February 2, 2011 Report Share Posted February 2, 2011 It doesn't matter if SP did anything wrong? Just that the County did something wrong? Wow. Just wow... I've been sitting here thinking about this, and I stand by my earlier statement. It really doesn't matter if surepip did anything wrong, and here's why - HE brought the lawsuit against the county. They haven't brought one against him, nor has he been arrested for misdeeds concerning this matter. As far as I know, they haven't said he did anything wrong in any manner. They are perfectly free to do so, of course, and that matter should be promptly adjudicated as well. But let's say he did do something wrong in this situation. That is what trials are for. For the judge and/or jury to decide who is in the right. What is DEFINITELY not right is the county letting this thing run on for nigh onto five years with no end in sight. EVEN IF surepip was Charles Manson and murdered the developer and bulldozer operators and threw their bodies out onto 278 to rot, he deserves a fair hearing in a court of law in a timely manner. (And then he could join that Silver Comet murderer on Death Row.) But the point is, under the Constitution, citizens have a right to seek redress of grievances against the government. Period. Link to post Share on other sites
down home Posted February 2, 2011 Report Share Posted February 2, 2011 We offered to sit down and negotiate a settlement a month or so after David Austin took office. Our offer was rejected. The judge ordered a court mediation December 2009, almost a year after Austin took office. The county offered to drop their counterclaims for legal fees [which they filed on us because we had the "nads" to actually sue them] to the tune of over $1million if we walked away. And now the judge has ruled in our favor acknowledging the county has broken the law in their attempts to deny us our 1st amendment right to seek redress against the government, and scheduled a hearing to determine exactly HOW MUCH the county has to pay us, and instead the county and their attorney want to continue to argue various case law to get an appeal even though their initial appeal was rejected out of hand. Pouring more good money after bad down the hole. Their lawyer stands there and demands that our attorney's fees of $300,000 are too exhorbitant. Yet, their lawyer has been paid more than $1,300,000 by the county in the same cases in which the judge has ruled he was wrong and that he has lost. Note the county's attorney is responsible for paying part of our attorney's fees. He charges more than 4 times as much to the BOC for losing the case, and claims we paid too much for winning it. Excuse me ? David Austin in ONE vote out of 5. It takes three votes to make a decision. Link to post Share on other sites
fire911 Posted February 4, 2011 Report Share Posted February 4, 2011 Someone should bring this to the attention of Neil Bortz.I bet he would have a field day with it. Link to post Share on other sites
lotstodo Posted February 4, 2011 Report Share Posted February 4, 2011 I guess possibly the same reason the county is spending so much time and money on the case - I suppose the county and their legal counsel feel strongly enough about the case and their position in the case, thus the reason for expending the money to defend the case. In the end, I just want the party that has been wronged to win. But I won't be basing my opinion on what I "hear" on paulding.com or any other message forum - if I want to know badly enough, I will simply attend when the trial begins and get ALL the facts from BOTH sides. We should always remember there are two sides to every story and we are only hearing ONE side here. Just a small point. The county has been spending our money to keep the suit out of court, not to establish their innocence. That doesn't sound like someone who is confident in a win to me. That is of course unless they just want to give our money to the attorneys for the County anyway. That would be another reason to drag out the process. Link to post Share on other sites
MJF Posted February 4, 2011 Report Share Posted February 4, 2011 Govenment in action. Never been a fan. All the same. Both sides, city, county, state or country. Power poisons. They have to keep it goin so no UPPITY citizens can get a toe hold. Just think if the citizen wins... open the flood gates of folks thinkin they got rights... can;t let that happen... AND im NOT joking or kidding. Same as it has always been. They just put a friendly face on it with all the open meetings. not fooling me for one second. Link to post Share on other sites
mojo413 Posted February 5, 2011 Report Share Posted February 5, 2011 Well I know several of the key players in this mess who have the ability and authority to put this nightmare to an end. I know each one to be an honest and honorable man who loves this county. 5 years of legal arm wrestling is totally unacceptable. I am glad to say several players who put all this mess into action are no longer connected to our county government, mainly Shearin and Crook. Because of this mess and others I will do my best to ensure they (and their self appointed buddies) are never elected to rob us again. To me it's like Bush vs Gore... Who won?... The attorneys won. In this action who is lossing?... We the taxpayers are lossing... To the tune of around $21,500.00 per month. As long as the attorneys in Atlanta call the shots we the taxpayers will continue to pay out every month. I for one say it's time to sit down face to face and come to a settlement that everyone can live with. I hope Judge Beavers or David Austin will be the one who puts a plan in action to end this mess. Send a message to our elected officials... David, Larry, Tommie, Todd and David $21,500.00 a month going to Atlanta is unacceptable... End this mess... And keep this money here at home. 1 Link to post Share on other sites
down home Posted February 5, 2011 Report Share Posted February 5, 2011 This new commssion has been in office one month, give them a chance. Link to post Share on other sites
mei lan Posted February 5, 2011 Report Share Posted February 5, 2011 This new commssion has been in office one month, give them a chance. Not to be a picker of nits, but I think two of them are new (Barnett and Pownall) and the others are old. Well, not old, but been there awhile. But you do make a valid point. Perhaps these two new ones will put some new perspective on things. Link to post Share on other sites
down home Posted February 5, 2011 Report Share Posted February 5, 2011 (edited) Tommie Graham and David Austin could do nothing alone so really it is a new commission. You can't do much with two votes. (sorry too tired to type) Edited February 5, 2011 by down home Link to post Share on other sites
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