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  • Legal Advice

    well, i am looking for a little bit of legal advice.
    i have a neighbor that is completely white trash. a major tweaker/dealer, and there is a constant flow of traffic, people"sleeping" in the garage, consistant VERY late nights working in the garage with power tools, and grinders. one of the latest things is this bastards dad actually pulled his car up half way onto my yard. went across his driveway at an angle, across the sidewalk, and had both front tires in my front yard!
    you might be thinking [dude, you're just being petty] but this shit is pushing me over the edge. they have been building in the garage an upper loft for some more tweakers to bed down... building this ALL NIGHT LONG!

    now, i have asked nicely for them to act a bit more appropriately for the neighborhood... i have asked them to clean up the messes they leave strewn threw the driveway. [HUGE MESSES] i have asked nicely to stop the !!!!ing grinding at 1-3:00 am. i have asked nicely for this son-of-a-bitch to not go in the garage at 5:00 am every damn morning to wake up the straggeling tweakers. all to NO avail.

    i want to resolve this the legal way, so...
    i have made some calls to the police about the noise/dealing/traffic, etc... bear in mind this has been going on for years, and not getting better at all.
    i made some calls to code enforcement about the garage sleeping, and loft being added into the garage.
    i'm sure i am not the only one taken back by the garbage all over the driveway, so i'm sure there were others that have called about this.

    oh.... lets not forget about this punk ass tweaking out on his harley. he will start this open piped jerry rigged harley all hours of the day and night just to rev it up and hear the pipes cracking.

    anyway.... here is where things get interesting, and some lines in the sand have been crossed.
    i happen to have a koi pond with some very expensive koi fish in it. there are 15 fish in there. if any of you know anything about koi fish, you get an idea what these fish might be worth. there are 7 of them that are over 2' long.
    now, this sorry ass loser dumped some chemical into the koi pond from over the fence. it seems to be brake fluid or something.
    what a low life piece of shit. this isnt just attacking me... this is the kids pets! [by the way, i have 3 adopted kids]

    so, of course, i call the cops right away, and snap some pictures of the pond in its oil frothed state. [will post them soon]
    now, the police say it is obvious to them where the oil came from, because i showed them a small line of it coming from over the wall, killing the plants. it seems he reached past the 1970 something motor home, and dumped it in the pond..
    anyway, the cops said they could not do anything about it besides make a report, because no one saw him do it. he suggested i also file a report with SEACCA [animal control] for animal cruelty. i have made the call, but nothing yet on this.


    NOW, here is where my legal questions come in. the fish have not yet died, but i will be surprised if they dont.. so i plan to go after him civily.
    i want to hit this bastard with everything i can. this is where i would like suggestions.

    ALSO? is there any legal, or civil action that can be taken on the "landlord" of a tennant that is doing all of these things? the land lord knows of all of these dealings, and insidences.
    here is where things take another twist. the house is owned by the offender, but he put it in hid dads name... this makes the dad the "landlord" i figure if i go after the dad, he will put pressure on his loser son to straighten up his act.
    so any angles for going after the landlord would be appreciated.

    so, i plan to file a civil case on the neighbor for the stress he puts us under, poisoning the fish [if none die] killing the fish [if they die].... WHAT ELSE?


    pics to come.




    look HERE FOR THE REST OF THE PICS.
    Last edited by NAILER341; 08-15-04, 08:58 AM.
    >>>>>>>>>>>>>>>>>>>>>>>>>>
    ERIK


    95 yj, locked lifted, and ready to rock!

  • #2
    Im sorry to hear about the fish Erik I know youve been struggling with these neighbors for a very long time. I dont have any advice for you...but I think youre on the right track. I hope that someone here will pipe up and give you some solid advice.

    Tam
    2002 TJ on 35s a bit of lift with some stuff
    Rock-ItMan all the way around

    Comment


    • #3
      That just SUCKS any way you look at it. It's not a good environment for your kids growing up ,that's for sure. Sorry to hear about all of this. Let us know if we can help.
      :gun:'99 TJ Sport:gun:

      Comment


      • #4
        My best advice....get a lawyer. Find one that will give you a free consultation, and find out from him/her what your options are. They will likely have more knowledge about the laws than any of us.
        olllllllo <--- If you can read that, roll me over!

        Price is soon forgotton, quality is not.

        KG6OWO

        Comment


        • #5
          Might I suggest some C4 and primer cord?

          Seriously tho, that sucks. Sounds like this guy needs some pressure to clean up his act. I hope your koi are ok in the long run.

          Those bastards..
          Erik

          I fix things.

          Comment


          • #6
            thanks for your kind words.
            i will be going after this bastard every way i can.
            it was suggested to run it past the EPA, SEACCA, police, and any other resource i can think of. my yard reeks of lacquer thinner. i'm sure that is what he dumped in there.
            in the mean time i have sent some letters out to a few koi growers to see the effects of dumping chemicals intop the pond on their longevity, breeding, colors, and over all value. then i will stick those numbers up his ass along with my, and the kids distress.

            on the way out this afternoon, he gave me a guilty smirk, and a wave. PRICK!

            he bit off more than he can chew on this one. i am one vindictive sonofabitch, and will spend a lot of time, and money if needed to even the score. i dont like to be !!!!ed with, period.

            his daddy isnt going to be happy when he finds himself on the sour end of a summons for supporting the illegal shinanigans of his sorry ass son.

            i am fuming mad over this...
            i am sitting in my room like 40' or so away from the pond,and the fumes are making my eyes water.

            :cup: :lightning
            >>>>>>>>>>>>>>>>>>>>>>>>>>
            ERIK


            95 yj, locked lifted, and ready to rock!

            Comment


            • #7
              You know I was faced with that situation. My neighbors are inbred white trash drug dealers. They would throw firecrackers over my fence on my patio. Loud music at 3am, and all the other inconsiderate stuff.
              I decided to move. I know it's not that easy for you. Here's an idea! The desert is huge, they'll never find your neighbors if say they fell down and old mine.
              I would definatly call the epa. They really frown on that stuff. I know at work if they catch us dumping hazmat in the drains it's a huge fine, and the person who did it has to pay. I just can't believe people are that inconsiderate. Good luck.
              [color=grey]Ryan[/color]
              [COLOR=DarkOliveGreen]No Jeep To speak of. But I got a Hummer H3[/COLOR]

              Comment


              • #8
                Forget the EPA. Find out from the County who owns the home that these people live in. Then, draft a letter to the owners indicating that you have reported drug-dealing activity in their house to the police. Remind the landowners that property that is knowingly used as a place of drug-dealing can be legally siezed by the county and sold at auction. Advise them in the letter that this is the landlord's formal notification of this activity. If you feel like it, carbon copy the County Sheriff or local PD. Send the letter by FedEx or Express Mail or other receipt-verified method.

                It's a little late in life for your neighbors to stop acting like jerks. Just get them evicted.

                Last edited by jmbrowning; 08-15-04, 08:24 PM.
                Quis custodiet ipsos custodes?
                2003 TJ Rubicon: 4.5" OME coils; RE SF2; NthDegree TT/oilpan skid/shock shifters; FXD rock rails; Anti-Rock; 5150'

                Comment


                • #9
                  VERY good advice Ted!

                  Tam
                  2002 TJ on 35s a bit of lift with some stuff
                  Rock-ItMan all the way around

                  Comment


                  • #10
                    Goodtimes had the best advice: see a lawyer. Lawyers may be the scum of society, but they're your best weapon in this fight.
                    It's not the size of your tire, it's how you place it!

                    '98 wrangler 4" superlift rockrunner kit, adjustable trackbar, 33's, rear EZlocker,
                    and Kargomaster rack.

                    Comment


                    • #11
                      Erik, I E-mailed a friend out in SoCal who does property management (both his own and for others) for a living, and told him the basics of your situation. In his experience, being that you do not live in a covenance controlled neighborhood (at least I don't think you do....????), about your only LEGAL recourse is through the court system. Unfortunately, it is going to be very hard to prove loss of quality of life and the such that are the real issue here. And since we live in a country where you are innocent until proven guilty, you are saddled with the requirement of proof.

                      Again, I urge you to talk to a lawyer who works these types of cases. At least then you will have sound legal advise as to what kind of activities you need to document, report, etc.

                      And of course I would certainly not condone any course of action other than the legal one described above. Now if you'll excuse me, I'll be looking the other way and plugging my ears while you do what you gotta do!
                      olllllllo <--- If you can read that, roll me over!

                      Price is soon forgotton, quality is not.

                      KG6OWO

                      Comment


                      • #12
                        Originally posted by goodtimes
                        Erik, I E-mailed a friend out in SoCal who does property management (both his own and for others) for a living, and told him the basics of your situation. In his experience, being that you do not live in a covenance controlled neighborhood (at least I don't think you do....????), about your only LEGAL recourse is through the court system. Unfortunately, it is going to be very hard to prove loss of quality of life and the such that are the real issue here. And since we live in a country where you are innocent until proven guilty, you are saddled with the requirement of proof.

                        Again, I urge you to talk to a lawyer who works these types of cases. At least then you will have sound legal advise as to what kind of activities you need to document, report, etc.

                        And of course I would certainly not condone any course of action other than the legal one described above. Now if you'll excuse me, I'll be looking the other way and plugging my ears while you do what you gotta do!
                        thanks for looking the other way
                        things have been much nicer since the rain of authority, but i expect it is the calm before the storm.
                        code enforcement made them get rid of 3 illegal vehicles, fix some broken windows, and do an over all clean up of the property. looks much nicer now.
                        they have been muuch quieter in the wee hours as well. if it stays this way... it might just be ok. traffic is also cut in half.
                        i went to the city, and met with every available resource personally.... this set a fire under the ass of those in authority at the city.
                        changes are happening. i just hope they stick!
                        >>>>>>>>>>>>>>>>>>>>>>>>>>
                        ERIK


                        95 yj, locked lifted, and ready to rock!

                        Comment


                        • #13
                          that is great news, so far
                          :gun:'99 TJ Sport:gun:

                          Comment


                          • #14
                            Wow Erik!

                            thats good news...I just hope that they dont take any recourse against you in sneaky ways:-/

                            Tam
                            2002 TJ on 35s a bit of lift with some stuff
                            Rock-ItMan all the way around

                            Comment


                            • #15
                              I'm no lawyer but all I can tell you is document EVERYTHING. Pictures, notes, videos ... anything. You'll be amazed at how a well kept log book of exact events will come in handy. They make noise at 3AM? Take a video of it and write it in a note book. It'll be very hard to argue against a well kept set of records, especially if you get another nieghbor to back you up. I would think the only way to get anything done through the courts is by having an overwhelming amount of evidence that these bastards have been nuisances.

                              Also, it's not just your quality of life and/or stress levels or what not ... it also directly and heavily impacts the value of your property.
                              03 Rubicon, 6" FT long arms, 35x12.5 MTRs
                              "Jeep is a kind of vehicle for which you have to buy a $250 security console in order to install and store a $40 CB radio. " --Me.

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