Any Attorney wanabe's interested in reviewing a Judge's ruling on a case? He basically says a Developer can set the corners in his subdivision, if his subdivision overlaps into the neighbors property he can claim a Boundary Line Agreement exists. He can set any material as a property pin regardless of what the Plat says. Occasional trespass three or four times constitutes a Prescriptive easement. Vertical slopes will stabilize in three years. The Judge can make his decision on facts which weren't disclosed at trial.
It goes on and on. Every principle you've learned for years, is wrong.
If you'd like a copy of his decision email me and I'll send you a copy.
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i'll take a copy.?ÿ Judges make mistakes all the time, or at least my divorce attorney said so.....
Developer likely has common friends, maybe even knows the judge personally.?ÿ Or the developers attorney does.?ÿ Knowing if your attorney or the OC(Opposing counsel) is freinds with the judge outside of the court room wins and loses cases.
Sounds like a Board review needs to occur, and maybe even get the NSPS into it.?ÿ They need to be involved in any of these types of cases to validate their existence.
Judges Finding of Fact
Many of the things you list are matters of law, not fact, and therefore open to appeal.
Well as D. Mouland would say. District court is judge Judy. Hopefully your client has the $$$ and fortitude to take it to McGrath and co.
I was quite surprised at the Judges decision. Shocked is a better word. The Judge introduced several "facts" that were never presented during trial. It's almost like the Defenders lawyer wrote the decision. He handles the truth quite loosely.
Was it a local judge or one of the fill -ins from MSla County?
He's a traveling Judge. He handles 4 Counties. He does alot of child abuse cases and sexual assaults. He's currently under fire from the media because he let a guy go free, but had previously accepted a ea deal for sexually assaulting a 12 year old girl.
He's doing some weird stuff lately.
District judges are notorious for their ignorance of land law (...can't find their own butt using both hands).?ÿ From what I've seen most of them deal with boundary disputes with all the finesse of a kindergarten teacher attempting to coax two children into sharing a toy.?ÿ
Sometimes I also think they're extremely aware of the likelihood their ruling will be appealed...and took the developer's money anyway. ;)?ÿ
Well he appears to be fairly intelligent. He does alot of research on his own regarding land disputes. In his decision he cites several "facts" that were never presented at trial. The decision appears to me to be written by the Defendant's lawyer who has no regard for the truth.
I'm begining to suspect the Judge and the Defendant's lawyer have a relationship.
As others have alluded to, trial courts come up with all kinds of hogwash. They should rarely be used as guides to resolving any questions that don't involve the parties to issue in front of the judge. These judges don't have any kind of legal assistance, are burried in relatively trivial cases and are hearing arguments from much less accomplished attorneies than the higher courts.?ÿ
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