Judge tells Paulding county to pay $265,113.68 instantly

[surepip]

DITTO!!!

 

I'd like to add that this has gone far too long to be settled out of court. This NEEDS to go to trial so all of us tax payers can see the truth behind all of this.

.

 

That is our opinion as well.

The absurd part is the BOC has spent well over a MILLION so far just trying to block us from being able to get into court. Not to mention the time involved for the Courts.

We would love a fast track to finish discovery and then let a jury decide. That has been our primary goal from day one.

 

We have made ourselves available for 13 full days of depositions.

While at the same time, we have been allowed 1/2 of one day to depose Mickey Womble, the developer; and no one else.

 

And, of course, we are more than a bit put out how the county has allowed D.R.Horton to go on and build 3 houses next to our South line well within the disputed 40' buffer which was admittedly changed by community development, instigating the original suits.

 

Just did not seem Kosher to let them ignore the buffers while we have had pending litigation ongoing in the courts.

 

Its not like they don't have more than 100 other lots ready to build on.......why did they go on and put some of their first houses next to us ignoring the buffers ?

 

What do they do now if a jury determines the buffer was indeed to be 40' instead of the 25' they changed it to ?

 

Are they going to tear down these houses ?

[winston1972]

That is our opinion as well.

The absurd part is the BOC has spent well over a MILLION so far just trying to block us from being able to get into court. Not to mention the time involved for the Courts.

We would love a fast track to finish discovery and then let a jury decide. That has been our primary goal from day one.

 

We have made ourselves available for 13 full days of depositions.

While at the same time, we have been allowed 1/2 of one day to depose Mickey Womble, the developer; and no one else.

 

And, of course, we are more than a bit put out how the county has allowed D.R.Horton to go on and build 3 houses next to our South line well within the disputed 40' buffer which was admittedly changed by community development, instigating the original suits.

 

Just did not seem Kosher to let them ignore the buffers while we have had pending litigation ongoing in the courts.

 

Its not like they don't have more than 100 other lots ready to build on.......why did they go on and put some of their first houses next to us ignoring the buffers ?

 

What do they do now if a jury determines the buffer was indeed to be 40' instead of the 25' they changed it to ?

 

Are they going to tear down these houses ?

 

Another state but developer had nearly completed one or two homes when the lawsuit concerning buffer was settled with neighbors behind infill neighborhood and they did have to tear them down. These were 200K+ over a decade ago.

[LPPT]

That is our opinion as well.

The absurd part is the BOC has spent well over a MILLION so far just trying to block us from being able to get into court. Not to mention the time involved for the Courts.

We would love a fast track to finish discovery and then let a jury decide. That has been our primary goal from day one.

 

We have made ourselves available for 13 full days of depositions.

While at the same time, we have been allowed 1/2 of one day to depose Mickey Womble, the developer; and no one else.

 

And, of course, we are more than a bit put out how the county has allowed D.R.Horton to go on and build 3 houses next to our South line well within the disputed 40' buffer which was admittedly changed by community development, instigating the original suits.

 

Just did not seem Kosher to let them ignore the buffers while we have had pending litigation ongoing in the courts.

 

Its not like they don't have more than 100 other lots ready to build on.......why did they go on and put some of their first houses next to us ignoring the buffers ?

 

What do they do now if a jury determines the buffer was indeed to be 40' instead of the 25' they changed it to ?

 

Are they going to tear down these houses ?

 

 

I suspect that they have enough confidence to build there,,,, makes you go hmmmm maybe they are hoping yall will die from the stress if they stretch it out in the courts long enough.

 

Seems there was a lot of confidence in being able to get away with anything, you have to wonder where that confidence comes from.

[winston1972]

I suspect that they have enough confidence to build there,,,, makes you go hmmmm maybe they are hoping yall will die from the stress if they stretch it out in the courts long enough.

 

Seems there was a lot of confidence in being able to get away with anything, you have to wonder where that confidence comes from.

 

 

America has become a fascist nation and they know it. Most of our politicians are nothing but corporate america's whores. Voting these days is almost like chosing your rapist.

[chainshaw1]

Pip! Congrats!

[lotstodo]

I suspect that they have enough confidence to build there,,,, makes you go hmmmm maybe they are hoping yall will die from the stress if they stretch it out in the courts long enough.

 

Seems there was a lot of confidence in being able to get away with anything, you have to wonder where that confidence comes from.

There is no doubt in my mind (opinion, PGA) that this was the prevailing attitude with the last board particularly. We and others fought P&Z and The CC over a 1100 home PRD on 400 acres, 200 of which was unbuildable swamp. The PRD most likely violated state and Federal environmental law and at least the spirit if not the letter of the Counties own zoning regulations, but was allowed anyway (fortunately for us, the economy killed it, at least for now). A high ranking employee with P&Z, was summarily fired not long after answering my question about density honestly in a public meeting, an answer that resulted in a collective gasp, applause, and laughter from the audience. I do not know if the two were connected, but you do the math. The attitude 3 years ago was "anything goes".

 

BTW, if the BOC or P&Z wish to take the point up with me, they have my number. We have discussed this in the past, and my commissioner is well aware of my opinions on the subjects of low quality development, back scratching, and the appearance of collusion. I will voice my opinion openly, and if necessary, seek redress without fear of any government. That is my right under the constitution.

 

The courts have plainly spoken that the county leadership has conspired to take that right away from SurePip. That is NOT an opinion, that is a matter of public record.

[mei lan]

Well said, LTD, well said.

[Georgia Dawg]

Are they going to tear down these houses ?

I would think that once the title search is done and there is pending ligitation that shows up the buyer would have to be made aware that there is the 'potential' that their investment would be taken from them. It sounds like, from a title aspect, that the buyer would not be able to get a 'clear' title.

[surepip]

I would think that once the title search is done and there is pending ligitation that shows up the buyer would have to be made aware that there is the 'potential' that their investment would be taken from them. It sounds like, from a title aspect, that the buyer would not be able to get a 'clear' title.

 

Our issue is the developer knew the buffer dimensions were involved in the litigation.

 

The Builder, DR Horton has 100+ other graded lots ready to build on.

 

Hence, why did they build on the 3 lots adjacent to our south property line they all knew were within the 40' versus 25' buffer ?

 

Other than, "They can do what they want".

 

 

No money yet. They are going to end up dragging this out even longer, and continuing to pay THEIR attorney, instead of Bellying-Up to the Bar, and paying us as the Judge has so ordered.

 

But again, "They can do what they want".

 

If it was you or I, they already would have attached our bank accounts.

[LisaC]

Our issue is the developer knew the buffer dimensions were involved in the litigation.

 

The Builder, DR Horton has 100+ other graded lots ready to build on.

 

Hence, why did they build on the 3 lots adjacent to our south property line they all knew were within the 40' versus 25' buffer ?

 

Other than, "They can do what they want".

 

 

No money yet. They are going to end up dragging this out even longer, and continuing to pay THEIR attorney, instead of Bellying-Up to the Bar, and paying us as the Judge has so ordered.

 

But again, "They can do what they want".

 

If it was you or I, they already would have attached our bank accounts.

 

Maybe you could foreclose on the courthouse?

[babyblues]

Maybe you could foreclose on the courthouse?

I had the same thought. That would be a sight. Surepip, I really hope that you get what is owed to you and your family. I am also glad that you had the guts to stand up for your family.

[tbird]

Maybe you could foreclose on the courthouse?

 

 

Yeah--do like the guy in Florida with BOA.

 

Walk in with the deputies and start taking all the office furniture out of the big shots offices, take their county cars, etc. Might open some eyes!!! Would love to see that on the news!!

[mei lan]

I had the same thought. That would be a sight. Surepip, I really hope that you get what is owed to you and your family. I am also glad that you had the guts to stand up for your family.

 

That would be a sight...I would go stand in the parking lot and cheer. Hey - ask your attorney about it. That couple in FL foreclosed on that BoA branch after they wouldn't pay the judgment against them.

[eym_sirius]

It's amazing that they didn't pay upon the judge's order of "instanter"!

 

 

 

Curiouser and Curiouser!

[eym_sirius]

British politician William Gladstone described situations like this perfectly, back in the 1800's:

 

"Justice Delayed is Justice Denied"

[The Sound Guy]

I had the same thought. That would be a sight. Surepip, I really hope that you get what is owed to you and your family. I am also glad that you had the guts to stand up for your family.

 

Hey Pip, make sure you foreclose on the Old Courthouse, not the new one, you want the one that is paid off.

[mei lan]

Hey Pip, make sure you foreclose on the Old Courthouse, not the new one, you want the one that is paid off.

 

HAHAHA

 

You know, a stunt like that just might get the media's attention. ESP. if we all knew about it in advance and were standing in the parking lot with mean antagonistic strongly worded signs cheering on the Pipster and his attorney. Heh heh...

[LisaC]

Hey Pip, make sure you foreclose on the Old Courthouse, not the new one, you want the one that is paid off.

Nope, go for the one that gets you the most attention and that bright, shiny new courthouse will do just the trick.

[The Sound Guy]

Nope, go for the one that gets you the most attention and that bright, shiny new courthouse will do just the trick.

 

Could be, but I think I'd go for the one with a renting customer in KSU and that other school. Gotta have some income to pay off his lawyers...

[mei lan]

Here's an idea - simultaneous foreclosures on both the Taj Mahal and the lawyers' offices. HEH :guffawingatthementalpicture:

[+subby1]

CONGRATS SurePip!

 

Yeah, congrats!!! Now, you can finally get a mower that wasn't built in the 1970's!!!!

[bwilliams]

So -- if they haven't paid, aren't they in contempt?

[mei lan]

So -- if they haven't paid, aren't they in contempt?

 

Yes, ma'am, they are. I believe surepip said elsewhere that they can't file a contempt motion (or whatever you call it) for a few more days. :shrug:

[surepip]

They are going to get some sort of continuance on the Judgement.

 

Don't have all the details yet, but they apparently are going to keep on paying the Holland & Knight lawyers to stall, stall, stall.

 

And in the meantime, we die by trying to hang on.

 

So, they end up beating us purely by bleeding us to death. Which is exactly what the Anti-Slapp Statute says they CANNOT DO.

 

But what else can we do ?

 

The Judge has issued his ruling that they have indeed violated the Anti-Slapp Statute.

 

The Judge has issued a ruling giving us a Judgement for $265,000+ in attorney's fees.

 

We have no way to enforce the law to make them pay the Judgement, although I know well and good if the tables were turned they would indeed be attaching my bank accounts, what little they have left in them.

 

And now they get more time and in the interim we die by suffocation......

 

Just does not seem right, but I guess this is our Judicial System working at its finest.

 

So we win the battles.....and lose the war by attrition. They literally stave us to death while we await our day in court.

 

Is our system broken ? You tell me.

[mei lan]

OK, my head just exploded. I am going to make my voice heard until they are sick and well tired of me. THIS HAS GOT TO STOP.

[footballbeerchic]

Ridiculous.

[NewsJunky]

They are going to get some sort of continuance on the Judgement.

 

Don't have all the details yet, but they apparently are going to keep on paying the Holland & Knight lawyers to stall, stall, stall.

 

And in the meantime, we die by trying to hang on.

 

So, they end up beating us purely by bleeding us to death. Which is exactly what the Anti-Slapp Statute says they CANNOT DO.

 

But what else can we do ?

 

The Judge has issued his ruling that they have indeed violated the Anti-Slapp Statute.

 

The Judge has issued a ruling giving us a Judgement for $265,000+ in attorney's fees.

 

We have no way to enforce the law to make them pay the Judgement, although I know well and good if the tables were turned they would indeed be attaching my bank accounts, what little they have left in them.

 

And now they get more time and in the interim we die by suffocation......

 

Just does not seem right, but I guess this is our Judicial System working at its finest.

 

So we win the battles.....and lose the war by attrition. They literally stave us to death while we await our day in court.

 

Is our system broken ? You tell me.

 

 

[gpatt0n]

Surepip:

 

Do you mean that Judge Beavers is granting them this?

 

pubby

[mei lan]

Any update today, surepip?

[lotstodo]

Surepip:

 

Do you mean that Judge Beavers is granting them this?

 

pubby

God, I hope not.

[kittycat]

They are going to get some sort of continuance on the Judgement.

 

Don't have all the details yet, but they apparently are going to keep on paying the Holland & Knight lawyers to stall, stall, stall.

 

And in the meantime, we die by trying to hang on.

 

So, they end up beating us purely by bleeding us to death. Which is exactly what the Anti-Slapp Statute says they CANNOT DO.

 

But what else can we do ?

 

The Judge has issued his ruling that they have indeed violated the Anti-Slapp Statute.

 

The Judge has issued a ruling giving us a Judgement for $265,000+ in attorney's fees.

 

We have no way to enforce the law to make them pay the Judgement, although I know well and good if the tables were turned they would indeed be attaching my bank accounts, what little they have left in them.

 

And now they get more time and in the interim we die by suffocation......

 

Just does not seem right, but I guess this is our Judicial System working at its finest.

 

So we win the battles.....and lose the war by attrition. They literally stave us to death while we await our day in court.

 

Is our system broken ? You tell me.

 

I thought that both parties had to be in agreement before the judge could grant this.....and also I thought that it had to be ask before a judgement was called.....looks like their still wasting time and money......

[Georgia Dawg]

Isn't there anything the Governor or the new Attorney General could do? It sounds like it would be good PR for either of them.

[gpatt0n]

Isn't there anything the Governor or the new Attorney General could do? It sounds like it would be good PR for either of them.

 

sure ... if there were PR to be had. If the Atlanta media doesn't cover it, they'll ignore it because there would not be the payoff in terms of the warm fuzzies.

 

The problem with the Atlanta news media is that this doesn't translate into pictures. A written court order may ... on an excruciatingly slow news day ... get a sentence or two read by the anchor late in a newscast but to sell this on tv - and that is where it would have to be sold, requires pictures. I'll add that landscapes and court filings aren't the most exciting pictures around.

 

Indeed, and please don't take this literally, but the chance anything gets on TV (about this or anything else) improves dramatically the closer the images conform to an angry mob, torches burning, in full chase of a snarling beast (Think Frankenstein's Monster.) Promise those kinds of pictures and action and give the hounds in the press enough time to get to the scene, and they'll be there.

 

pubby

[Lady Raider]

what does your lawyer suggest you do? you better bet if this was a person in the county that owed money to the courts they would be taking their home if need be.

[Gone]

sure ... if there were PR to be had.

 

snip>

 

... the chance anything gets on TV (about this or anything else) improves dramatically the closer the images conform to an angry mob, torches burning, in full chase of a snarling beast (Think Frankenstein's Monster.) Promise those kinds of pictures and action and give the hounds in the press enough time to get to the scene, and they'll be there.

 

pubby

Hey Pip, make sure you foreclose on the Old Courthouse, not the new one, you want the one that is paid off.

HAHAHA

 

You know, a stunt like that just might get the media's attention. ESP. if we all knew about it in advance and were standing in the parking lot with mean antagonistic strongly worded signs cheering on the Pipster and his attorney. Heh heh...

 

Looks like the next step....

 

I am shocked that our new commissioners have not looked at what this will cost.... what it would cost to settle, AND the fact that a government that bullies it's citizens is no place to live.

 

I don’t care if others will come forward …we ALL know that the previous commissioner, builders, and bankers were untrustworthy once they all became a pack … just like wolves … the mentality takes over that if we stick together no one can stop us.

 

I thought we VOTERS stopped them. I am disappointed that this case has not been to court. It’s just WRONG!!!!!!,

 

I thought this would stop once we got rid of Sherrin, Richardson et al..

[Teatime]

Never give up and congrats .. I'm very happy for you and your family

[justme2]

Looks like the next step....

 

I am shocked that our new commissioners have not looked at what this will cost.... what it would cost to settle, AND the fact that a government that bullies it's citizens is no place to live.

 

I don't care if others will come forward …we ALL know that the previous commissioner, builders, and bankers were untrustworthy once they all became a pack … just like wolves … the mentality takes over that if we stick together no one can stop us.

 

I thought we VOTERS stopped them. I am disappointed that this case has not been to court. It's just WRONG!!!!!!,

 

I thought this would stop once we got rid of Sherrin, Richardson et al..

 

 

nothing was stopped.

 

 

the king is dead, long live the king

 

at least the democrats can't be blamed for this