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ihatelapels · Oct 25, 2005, 09:02 AM

My friend is in an odd situation with the county and her neighbors. The neighbor is trying to force her and her husband to allow him easement where he wants it. In order to do this he has caused the county (the judge who signed the papers denies it now, saying it is a forgery) to say their driveway and private access road to their barn is a county road. Already they've spent six months in court. To top it off this neighbor has gotten the county sherrif to arrest the husband. They pepper sprayed a 68 year old man so much that his eyes swelled shut and his clothes have big green spots on them (his wife saved the clothes). Can they move this case to a different county? They want to do something like that because much more is going on that public personnel are taking part in (losing documentation, lying about signatures, typing up ridiculously convoluted warrants, etc.) that is obviously causing this to drag on and create a health problem for both these older people. Thanks.

SSchultz0956 · Oct 25, 2005, 12:28 PM

You need to go find a lawyer. Any answers you get here are going to be limited and practically useless. In that situation, your probably going to end up filing suit against the county and/or your neighbor, and I think in a case like that it may be difficult to get a change of venue, but either way, the case can be appealed to the higher courts if you were to lose. I would take pictures of his eyes, and take him to an eye doctor so you have witnesses as to the damage done since yo uhave the burden of proof. Honestly though, just call around and find a good property lawyer.

ihatelapels · Oct 25, 2005, 12:48 PM

Thanks for your reply, I didn't expect any so soon. They have a lawyer and have been a little over six months with this going on. They seem to be happy with the lawyer and say "she's doing the best she can". They had mentioned taking the case to a different county because they know that certain public officials are taking bribes etcetera from the neighbor (an affluent man). I'm just trying to help them in the way they've chosen. I believe they should get a different/better lawyer but then I don't know the whole story either, basically I don't know which part of the goings-on are being addressed first. I did find out today that part of the harassment business is going to a juried court next month so maybe things will go well unless their neighbor finds a way to pay off 12 individuals as well as the court office clerks! It's a very shifty situation. :(

fredg · Oct 26, 2005, 05:38 AM

Hi,
The advice about having a lawyer is very good.
However, they need another lawyer. If the one they have says she is doing her best, and it's been 6 months, that isn't good enough. This thing will string out to a year or two with no resolution... that is just a guess, but probably true.
I have had my share of lawyers, and some don't really take certain cases very seriously. My advice is for them to get themselves a "good" lawyer. Ask for advice, tell him/her what is going on so far, and ask if the new lawyer can do any better.