project started 2004 --End who knows ??

[loghouse511]

You, go girl!! We, feel your pain.

 

[Haoleguy]

Hi Michelle - Thanks for sharing your story. Keep it coming. Unfortunately, I have found that small towns are very reluctant to change much and still have inequities in how the citizens are treated. That is starting to change in my area as the economy has put a pinch on town revenue and many "outsiders" have moved in and are questioning town practices. Your labs look very well behaved. Keep sharing your story and hang in there.......Gary

 

[jayste]

Wow! Keep us posted on the "rest of the story". This sounds like a modern version of an old western movie. My guess is that the neighbor on the hill wanted the place you bought and was working a low-ball price in hopes to eventually get it.....or at least something of that nature.

 

[Coyote machine]

Looks like you have done well in spite of idiots for neighbors and town officials who take care of their 'own' to the detriment of everyone else.
I helped a friend of my wife's build a place in Esperance- years ago- similar back country, views, etc.

I've got friends in CT trying to build a kennel and they have been through he ll trying to get approval. He's doing the same thing; putting a sign on a trailer out on his road because they say his 80 acre place isn't a farm, and that he can't put up a sign, etc.

I've testified in court for him a couple of times so far against the lunacy of the neighbors saying they will no longer be able to enjoy their properties or be outdoors, etc. TOTAL B S it is crazy how some people think it is their job to tell everyone else how to live.
The amazing thing is a kennel is NEEDED in the area but to get a permit after spending thousands of dollars on engineering studies, drawings, proposals, etc. the town is too afraid of the whiners to allow it to be done- even though it is an area where special use permits are ALLOWED!?:confused2:

Don't give up! Nice labs- we have two- black labs- Chimney and Soot !

 

[Michelle K linnane]

Warning, Warning, please go to the bathroom before reading the writer is not responsible for reader body functions!
You guys have no idea what this was like. I know this site is supposed to be about building and projects, but what happens when someone stands in the way of you dream. Maybe what I went through might help somebody and it does make for fine reading. I have done a heck of a lot building as the more we go the more you will see. I go back before the planning board. The first time I went before planning board in June 2004 was approved by August 2004. One of the two guys on the planning board now becomes chairman and he really made things bad. I start to read and foil the planning board minutes for the past few years. I can not find any reason why they would give some people a hard time and others not. Sometimes it was outsiders and sometimes it was not. I contacted the people they gave a hard time. I went to see them and got them to come to town board meeting with me.
Now when I redid my plan it was Jan 2005 according to what their procedures say, and not what they told me they would accept. I prepared a map with every requirement they had. It took 2 ｽ hours to go over the stuff I prepared. The members of the planning board are blown away. I knew the rules better then they did. We went over every rule and I asked at the end of looking at documents does any body find a problem. There was never an answer.
So now I hit them where it hurts, (with their own rules.) There were 5 people on the board and towards the end there was 6 members. Only two are giving me a hard time the other one was an idiot and hardly attended the meetings, and the others saw nothing wrong. I did not mention what I did for living. At that time I installed and trouble shot software very technical work, and very pain staking. I am very good with finding information on the internet.
So I present in January meeting, they must vote to accept plan. I wanted a unanimous vote in the record. I asked at every turn was there a problem. I wanted to make sure it got on record that the planning board thought the plan was complete. Now my neighbor had his attorney at every planning board meeting. And I started to going to the town board meetings and at privilege of the floor on night I let the two guys who had been giving me a hard time have it. Not only had I done my research and found people they had made mad along the way, but I documented all the dirty tricks they had pulled and ask that what I read at the board meeting be attached to minutes of the meeting to make sure it was correct.
Now they schedule the public meeting. They messed around and held the public hearing open for over 2 months. They would not show, not vote on the plan they said they needed to check their notes as there was a problem with my site plan. I would have a foil request ready to go. If they said they had to check their notes, I filled in the date and the info I wanted to see and would hand to them, so they would have share what they written in their notes. Believe it or not this tuff is record. I did not leave much wiggle room. After the second time they did not try that again.
I am getting sick of being delayed and decided to turn up the heat. I start to read and foil the planning board minutes for the past few years. I can not find any reason why they would give some people a hard time and others not. Sometimes it was outsiders and sometimes it was not. I contacted the people they gave a hard time. I went to see them and got them to come to town board meeting with me. War starts!
As a side note this is a very unusually fact and might seem funny to you. But when you read something especially in public and read it fast the average person can react in time, do not take to many breaths and speak as fast as you can. The average person cannot react to it. Then once I was I handed it to the town clerk and ask her to attach to minutes of the meeting, and now it is in the record. They did not dare NOT ATTACH it as I would foil the minute of the meeting to make sure it was there. Nobody had ever fought back before, and these guys started to feel some stings.
The two guys that were on the planning board always attended the town board meeting and took notes like it was their private town, it was a social event for them, and always had something to say. That soon changed! They both ran for town board once and never got elected. I practiced reading that paper of what my two buddies did to me. Nobody had ever done anything like that to them and they where not ready for the surprise I had for them. So I start the assault with my reading 2 pages of type written charges, and I had contacted the state Attorney General Office, and an investigator contacted one of them and told him he had over stepped his authority.
Then I get people to get up and talk about how these two guys messed with them on their projects. These two guys wanted to crawl between the cracks. By the time we are done people who where a little shy at the beginning. But as talked they got mad and starting pointing fingers and calling them dirty you know what. I had to really talk them into coming but once I got them up there, these people sure did get over being shy real quick! It still makes me smile.
The town board went into executive sessions, but I had a friend in those sessions and these two guys wanted to call in between the cracks in the floor. Now I grew up with older brothers and being the youngest one I often took a licking. When it came time for me get my licks in I draw blood. I kind of have a street fighter outlook, once they are down put the boots to them. I suppose being the youngest of 6 and being ｽ Irish has something to do with it.
We decided that it felt so good last time we would do it again next month. The town board meeting are at night. The afternoon of the next meeting, I get a federal express letter and my attorney gets one. It was a gag order from the 2 guys (Lemman & Murphy) from planning board. They sent it to me hoping I would not go to town board meeting and hoping I would be afraid. That was not the reaction I had. I do not think that they ever thought I would tell them what I did.
When it came my turn to speak I read the letter from their attorney to the town board and asked why these people are being allowed to vote on me kennel? They should be recused from voting on my kennel as they are basis, towards my project. Of course the town did not answer. Then I turn and looked those two guys right in the eye and told them. 的 want you to sue me! Everything I said has been the truth and I can prove it, come on you two I want you to sue me. I will own everything you two have, house, land, cars & bank accounts. Judges hate frivolous lawsuits. I really want you to sue me come on? saying this in very low and serious voice. You could hear a pin drop. I wanted to appear furious and more importantly unafraid. That set the stage for everybody else they let loose with complaints again.
The next day one of my buddies who is planning board chairman resigns from being planning board chairman, (but not off the board). See the newspaper clipping and letter from attorney from the planning board members for GAG order. There are news paper clippings at the time that I have posted.

 

[rswyan]

Stick it to 'em Michelle :thumbsup:

 

[wedge40]

I love reading about justice being done. You're just lucky they didn't take the Mafia approach and you wouldn't be able to tell us this story.

Wedge

 

[Michelle K linnane]

The end to stupidity is in sight.
Well that my was account on the town boards stuff. But the panning board still took over 6 month to approve my plan the second time. And unfortunately the story is not done. Now in the mean time my neighbor had his attorney throw road blocks in a every twist and turn. The town attorney told me that the first article 78 had to cost my neighbor at least $8000 to have drawn up. Then he had his attorney at every public hearing, every town board meeting. The first time and second time. And I still built my kennel, but it was under personal use. The attorney I hired to defend the article 78 cost me $4000. The big law firm attorney from Albany was worthless
So the second time I asked a local attorney who had been before the planning board on other projects to me my attorney. My second attorney was a very decent guy, and good man. He went with me to the town board meeting all the planning board meeting to get the kennel approved the second time took us 6 to 8 months I do not remember. After going to all this trouble to have kennel reapproved the neighbor sues the town with a second article 78. Now my neighbor has already spent $8000 the first time and I have no idea the second time my attorney told me thought about the same amount. Now we are year two of fighting with this thing and my neighbor has spent at least $18,000 and the barn and house are there. Now I had paid $68,000 for my house and $75,000 for my barn I could not walk away from that kind of investment, who could. So I continue to run ads about how low his taxes, maybe if there are where they are supposed to be he could not afford to do this. The town had to take action on his taxes. It seem to me he paid allot for the house as it was a modular $177,000 without the land, well, septic. As I said he was $54,000 under a building permit that was taken out in 1999. I think he was assess at about $123,000. His assessment jumped almost $100,000 to $220,000 he did own 20 acres. I think this was in 2005 or 2006 I can not remember. I am getting a little ahead of myself but he just sold the house last Sept 2010 for $219,000. So he could not ever get what it was assessed for. But I am getting a head of myself.
So not to our surprise the neighbor files the second article 78. Which we knew he would do. It goes before the same judge(I am not thrilled with). We go to court again and the judge asked us to settle it. What happens is the neighbor sues the town, but yours truly winds up settling it. It appears the judge wanted to see engineer diagrams for a site plan on the property. Well the way the rules are written you needed to do the whole thing. I own 106 acres. They require it on the whole parcel. I did not want to subdivide the land from the barn as I need at least 100 acres to run the game preserve. So I wanted the land to stay with the barn.
This seemed a little ridiculous to me and to my attorney. I met every condition they had every had in site plan. The board waved the engineered diagram due to the fact the site was done and the roads where in. None of us felt it was necessary. That was the judges take on it after we went to court. For the next 8 months we tried to settle with the neighbor on the article 78. My attorney said I will do not more work on this until we are all sitting at the same table. Well this sounded reasonable to me. So we sat down with the neighbor and his attorney and went over planting some trees which is stupid as there are 3 hedge rows between him and my barn. For an indoor boarding kennel, that is heated and air conditioned. I thought this was stupid, but I agreed, I was not going to let this stand between me and opening the business. My attorney wanted to draw up agreement there and neighbor attorney said well I want to look at site plan one more time and make sure we did not forget anything, I was mad. I told him you are not going to get another chance to renegotiate this. He had done this right along and I was not going to have any more of it. I told him we do not sign something today, I will go back before the judge and let him settle it. So at this point it has taken 6 to 8 months to approve the kennel the second time. I have lost 8 months with the idiot neighbor. So something that was approved in August of 2004 and now was reapproved I think in June of 2005. And now it is the winter of 2006 and I am still messing around with this stupid nonsense. So we go back before the court. In the mean time building materials are going up.
I have not mentioned yet that at every turn my neighbor called the state police for something. We live in a rural you always here shooting, or loud noises or something all the time. My neighbor called the dog warden one night as one of dogs was barking and had a barking dog ticket issued. I had to go to town court. Well the prosecuting attorney for this town is the town attorney. He asked to speak to me without the judge. He said I know this is nonsense is because your neighbor and I want to dismiss ticket. Then he asked how is the case going? Well I told him what had happened that we been try to settle and there is no incentive for neighbor to settle, if he settles I get the kennel. Nobody seem to understand this idea. He wants to keep it going as long as he can. The town attorney said he understood. I told what had happened in my attorney office, and that we are going back to judge. I told him the next law suit that came out was going to be against the town. If the judge finds against me again, I am suing the town. You have had two chances to get this right and there is no jury who will not find for me with all the crap I have taken. I said I will go back before planning board again and again until I get my kennel. The town attorney had seen me in action and knew I was not joking.
Well I am work the next day and I get a call from my attorney, "what did you do?" After my speech to the town attorney, I knew what would happen, in small towns you never know who has coffee with who. I think and so does my attorney, that the town attorney went directly to the judge and said this can not go on and 1 party is motivated to settle the other one never will. After 2 1/2 hours in the judges chambers we had a settlement I had to plant $2000 worth of trees which including the delivery and planting. Now mind you this was not something I had not already agreed to do. The neighbor had no say where they go or what kind. I knew the local nursery and he planted fruit trees. My neighbor looked like he had lost his best friend. So finally now in the spring of 2006 we settle the lawsuit over the kennel. This would of never come to pass if the neighbor had me ticketed for the barking dog ticket.
If this is not a testimate to stupidity I really do not know is. I asked my attorney what I owed him? I told him I would pay him every month until I got him paid. I had given him about a $1000. He said to me, "Michelle you have been so wronged I can not charge you", he gave me a hug and we left the court.

 

[wedge40]

So do you have your kennel up and running.
I guess your neighbor didn't like dogs.
Sure hope he moves to the city were he belongs. Out here he'd be in trouble, because all the neighbors around me are always practicing with their guns. One guy must have a muzzle loader cause the think can rattle windows at times. But I figure it's kind a security thing.. I'm guessing most thieves at least check area out before robbing someplace. Well when it sounds like a war zone they maybe they think twice.

Wedge

 

[Michelle K linnane]

One thing about doing the lawsuit I got some aerial photos of the place, somebody to take them and they did it for free, so here is what it looked like back then I think spring of 2006. Ok we are now free from lawsuit. The hurricane Katrina has hit and building materials are triple what they used to be and metal was out of site.
I had to place a mortgage on the house as not being able to open the business and the price of everything going up I had no choice. Once I got the money we started and I decide to buy a small excavator to help do some of the site work. The dozer work I left to someone who really knew how to run a dozer as that is an art.