Need advice about real estate encroachment knowledge

[skygypsie 2]

waited to long to read this & take your advice..I can't delete it

[skyjumpenfool 2]

I was born in Fond du Lac and now live in Minnesota. That area west of Hayward is where our family owned a cabin for years. It is one of the most beautiful areas I know. I love hunting there so much, I've gone without a gun many years when I couldn't afford the out of state license. That being said... I feel your pain!

Sending good thoughts your way. If, when the smoke clears, you need help picking up the mess, I'd be willing to come over and help. I have summers off and love to pitch a tent. All you have to do is ask!!

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[skygypsie 2]

Your more than welcome anytime...just to tent it & enjoy the area.

We will keep in touch & give you the personal info. as to where it's located

[skygypsie 2]

Update:

The DA filed & sheriff's cited: Timber Theft charges...finally!
Court preliminary hearing is set for Jan 9th
Dude filed a written plea: NOT Guilty

Here we go....

[BoogeyMan 0]

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Update:

The DA filed & sheriff's cited: Timber Theft charges...finally!
Court preliminary hearing is set for Jan 9th
Dude filed a written plea: NOT Guilty

Here we go....

Criminal Charges??!! Outstanding.!! Not too bad for two months or so. Thx for the update. Keep us posted.

[davelepka 4]

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Update:

The DA filed & sheriff's cited: Timber Theft charges...finally!
Court preliminary hearing is set for Jan 9th
Dude filed a written plea: NOT Guilty

Here we go....

That's great news. As far as the criminal charges go, that's out of your hands, but if the DA can make their case, your civil case is a no-brainer. The DA would have proved that he was guilty, the civil case is just there to figure out how much the damages were to your property.

Remember that even if the DA can't make the case, it doesn't mean you don't still have a civil case. It's much harder for the DA to convict the guy of a crime than it is for you to win a civil case against him. The truth is, the fact that DA would even persue criminal charges looks VERY bad for the 'lumberjack' when it comes to a civil case. Your odds look better and better that a good lawyer will be able to avoid the civil case all together, and just get the guy to settle out of court. his lawyer doesn't want to go in there and get his ass handed to him, so there's a chance he'll advise his guy to settle, and you avoid the hassle.

Not a bad way to start the new year.

[skyjumpenfool 2]

Great News!! Is there possible Jail time involved?

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[skygypsie 2]

I've bounced around on this.

At the initial time of damages & law enforcement involvement, the "lumberjack" advised the law he was interested in resolving with us personally, without charges.

There is more than enough evidence to find him guilty, per his admissions to the sherfiff's deputy & myself. ( i.e, incident report, our & sheriff's photos, video, & neighbor's eye witness accounts )

I was open to an amicable total restitution, but after 8 weeks of the guy not returning my 4 phone calls to do so, I decided to go for the juglar.

I was fine with the "unauthorized timber theft" charge, because it would be beneficial in a civil case...until his plea of Not Guilty.

I've now requested the DA to seek other charges to include intentional timber theft & destruction of property, criminal trespass & unlawfull removal of survey markers & boundary barriers.

All of which are felonies & can include enormous fines & jail time, plus restitution.

Initially I didn't want to send him to jail, cause him possible employment & other personal conflicts, but if he is so pompous as to file this plea, & obvious refusal to resolve without court action...then game on.

It is now going to drag out & cause us incurred expenses with up front, out of pocket costs for the attorney, we would not otherwise have needed to do, had he just made a phone call.

Professional services who did an on sight walk through have determined several $k just in the loss of trees, plus loss of forest floor vegetation, etc.

[skygypsie 2]

UPDATE:
The wheels on the judicial sytem's "short" bus go 'round & 'round ...
Criminal case has been postponed 4 times, with next date for hearing scheduled for June 28th.
We are not a party to the case other then victim-witness, so know need for attorney representation.
A lot of evidence proving the DA's case, as well as, our civil case is very sound & substantiating towards the offender ( douche bag ).
Obviously civil cases take a long time, a lot of $, etc., so a guilty finding in the criminal case would be excellent.
Last week my attorney contacted me stating he received a letter from the DA seeking "his clients" (us) request to have criminal case & charges dismissed ...as we seem to have a strong civil case !!!
We have learned the Assistant DA is in full time practice at her dad's law firm, who is representing douche bag in our civil action.
It has also been discovered douche bag's father in law is a Township Supervisor here & was indicated as party to the clear cutting of our land in his "Answers & Affirmatives & Interrogatories" submitted in our case & to the DA's Office.
Obviously there is a major conflict of interest !
I was was wondering if any of you legal gurus out there know if there is any possibility in heading the DA off, from dismissing the criminal action...such as going over his head ?
I am concerned with the connections, back woods affiliations, atty fees @ $ 255.hr -v- length of time... douche bag is a 2nd grade school teacher & we're just crazy skydivers...any outcome won't be just !

* Side Note:
The douche bag per his attorney offered to buy us out for what we originally paid just for the land 8 months ago. His words were " to make this all go away" !!!
Our out of pocket costs & investing over $20 k. in our cabin w/ basement, so far...plus @ 7k in atty/ fees to date, was not included in his offer

[skyjumpenfool 2]

Sorry to hear you're still fighting this mess. Have you tried contacting any local/state/national news media? Some young reporter may have the time and resources to investigate. Not to mention, sometimes shinning a bright spotlight on things keeps people honest.

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[skygypsie 2]

Thanks for the thought...excellent idea, especially with re-elections for office is coming up !
Our point in buying / building here was to re treat from social idiocy, but obviously that's not an option since this can full of slippery worms have crawled out...so may as well light 'em up

[BillyVance 34]

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Thanks for the thought...excellent idea, especially with re-elections for office is coming up !
Our point in buying / building here was to re treat from social idiocy, but obviously that's not an option since this can full of slippery worms have crawled out...so may as well light 'em up

Most every media outlet has a reporter just dying to out some travesty of justice, dirty politics, etc... Look around.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[Andy9o8 2]

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Thanks for the thought...excellent idea, especially with re-elections for office is coming up !
Our point in buying / building here was to re treat from social idiocy, but obviously that's not an option since this can full of slippery worms have crawled out...so may as well light 'em up

Most every media outlet has a reporter just dying to out some travesty of justice, dirty politics, etc... Look around.

Just make sure they're not the same twits that report the "facts" of skydiving accidents.

[skygypsie 2]

As of now, per the internet public court access system, the case is still pending.
However, I plan to contact the Victim-Witness Program affliated with County Court System ( DA's Office ) 1st thing tomorrow a.m. to inquire why the DA is seeking dismissal.
Depending on the information I get, will determine taking advice in contacting the media.
I also plan to get in touch with WI. Governor Walker's liasons, as a County DA is an elected official.
As Walker's past actions involving abuse of positions in State offices & passing of bills; causing an over haul of many public offices & agencies, in efforts to prove he is for the PEOPLE... has led to his recall election, forthcoming.
I'm hoping his office may assist, or at least make inquiries. He'll get my vote regardless !
Thanks for the advice

[skygypsie 2]

Yesterday the DA withdrew from the case & called in an outside special prosecutor to take over after I went into his office.
I explained if he had any plans to dismiss charges, &/ or due to an obvious conflict of interest, I would be contacting state power heads ( govenor - attorney general, if need be) & media...took care of that

[BillyVance 34]

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Yesterday the DA withdrew from the case & called in an outside special prosecutor to take over after I went into his office.
I explained if he had any plans to dismiss charges, &/ or due to an obvious conflict of interest, I would be contacting state power heads ( govenor - attorney general, if need be) & media...took care of that

Fucking A! Right on!

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[Amazon 7]

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Yesterday the DA withdrew from the case & called in an outside special prosecutor to take over after I went into his office.
I explained if he had any plans to dismiss charges, &/ or due to an obvious conflict of interest, I would be contacting state power heads ( govenor - attorney general, if need be) & media...took care of that

I see a Peyton Place book in your future on the convolutions of small town down and dirty under the table politics

[skygypsie 2]

CRIMINAL CASE UPDATE:
A complaint & investigation request was filed with Wisconsin Supreme Court Office of Lawyer Regulation.
Both the defendants law firm and assistant district attorney; also a practicing attorney in ( daddy's) law firm were found guilty of misconduct, wrongdoing.
The Assistant DA was also cited for theft.
Theft due to providing ( daddy's ) the defendant's law firm w/ evidentary documents & photos provided to & for the DA's office in the criminal complaint.
A special prosecutor has been assigned from another county to take over the criminal case.
Trial has been postponed & rescheduled 5x, now set for 12/21/12.
CIVIL CASE UPDATE:
Defendant has filed a 3rd Party Complaint, naming the realtors & their insurance company as 3rd Party defendants, claiming had the realtors not sold them the land as is, per phone transactions, they would not have commited any wrondoing
To date, it has been rescheduled 6x, with most current trial date set for 12/18/12.
However there is another scheduling conference set for 09/28/12.
They are seeking dismissal or a date set further out, yet again.
We have offered to settle twice, most recent just the cost of damage to the value of 1/2 our land; the amount of land they clear cut, plus atty. fees.
In our last offer to resolve we were not seeking any punitive damages.
They declined, so it looks like trial it is, likely many more months from now.
We will now be taking it to the fullest extent & entitlement.
No doubt the attorneys will fare far more than what any restitution &/ or entitlement to the actual & punitive damages are.
In the meantime, the wheels on the litigation bus go 'round & 'round ...in a couple weeks it'll be a year already since the dirty deeds occurred

[Southern_Man 0]

Keep on keeping on.

Frankly it looks like you are getting a relatively speedy resolution, I know that is difficult to appreciate.

Keep up the good fight.

"What if there were no hypothetical questions?"

[Coreece 190]

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More than just a little upset..SAD & PISSED OFF !

You see, this shit doesn't happen to me....I don't bitch about it on an internet forum.

I give my neighbors a clue...Don't fuck with me....

...and they don't.

Your secrets are the true reflection of who you really are...

[skygypsie 2]

Oh trust me, they got the clue...I don't take getting robbed nor screwed over lightly
Attorney fees & drawn out legal process isn't just affecting us. They have had to retain 3 attorneys to date & have 2 lawsuits pending.
They have not done anything with their land since the cases were filed, only having driven by occasionally..
We on the other hand, are enjoying ours & our l'il cabin in the northwoods is nearly completed !
We didn't cause anyone harm, nor steal to get it...just lots of good old hard work getting here

* The Bonfire: [email] Sit back, relax and vent yer angst! This is the place for non-skydiving related discussions.

Just venting my "angst"...but thanks for the advice

[JohnMitchell 16]

You are truly in the right and they are truly in the wrong. You've held your head high and honestly through this whole thing. I can't wait for the slow turning wheels of justice to finally deliver a good judgement to you. I know it's coming.

[skygypsie 2]

Thanks for the boost, John We hope the judicial system recognizes the laws -v- wrongdoing & reacts accordingly !

[skygypsie 2]

UPDATE: civil case was settled via 4 hour mediation, 3 attorneys, 2 defendants present, 1 mediator...& a partridge in a downed evergreen tree

Naturally the attorney made out like a bandit.
I settled for a fraction of actual damages.
Continuing on would 've been more to attorneys in comparison to damages entitlement !
Devils Advocate Mediator held strong we would have hard time proving "intentional" timber theft with intentionally depriving us of forest products prior to his wrongful cutting, therefore punitive damages per 12 member jury would be hard to argue

Satisfied its over

Criminal case still pending & scheduled for Dec 21. No doubt THEY will petition DA to dismiss...I would like it to go to trial.
These people need more than a slap on the wrist & a little inconvenience in their schedules, as the realtor's insurance company will be forking over the majority of civil settlement !