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I am mad, disappointed, frustrated and really am feeling short-changed. Any advice appreciated.

Posted on 12/25/2005 8:27:45 AM PST by mel

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To: Hildy

Speaking to her might actually confuse things. Recommend being friendly and asserting your rights.


81 posted on 12/25/2005 3:01:35 PM PST by Cvengr (<;^))
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To: B4Ranch

Thanks so much. I mainly wanted advice on how to get started, sadly (or happily) this street used to have a bunch of lawyers and they moved. Or is this even something I should continue to the bitter end or just accept. It is just not me however, there are several upset people over this.


82 posted on 12/25/2005 3:14:32 PM PST by mel
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To: middie

You know that is so true, I work in a hospital with a trauma center, I have seen patients where the shooter was in the trauma unit not too far from the victim. I asked a nurse how she deals with it and she says, I just look at them as a person, I can't even think about what they did. I am here only to save his life, not be a judge


83 posted on 12/25/2005 3:16:19 PM PST by mel
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To: Hildy

Several people tried to talk her into getting a gate on her own property, yet it was just full steam ahead for the woman


84 posted on 12/25/2005 3:17:17 PM PST by mel
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To: Cvengr

Thanks, it is just difficult for me to understand that so many people were against it and one person wins. I just don't get it.


85 posted on 12/25/2005 3:20:54 PM PST by mel
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To: mel

County might trump the city on this one.


86 posted on 12/25/2005 3:23:03 PM PST by Cvengr (<;^))
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To: mel

If she is on the end and that is the end she locked, double chain the gate and have next door neighbor park blocking it or making it a 2" squeeze for her to get by.


87 posted on 12/25/2005 3:26:33 PM PST by Clay Moore ("My daddy says I'm this close to living in the yard!" Ralph Wiggum)
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To: al baby
I have this strange growth its brwon and has 3 hairs on it can you help?

If it's only brown....you're OK. But....if it's brwon ....I would see a doctor.

Of course...it could just be the onset of puberty.

88 posted on 12/25/2005 3:28:39 PM PST by Focault's Pendulum (I'm not a curmudgeon!!!! I've just been in a bad mood since '73)
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To: mel

If you didn't get an attorney - that was the reason you lost.


89 posted on 12/25/2005 3:31:03 PM PST by Scarchin (www.classdismissedblog.com.)
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To: mel

There is no problem, no matter how vexing, that cannot be solved by the proper and thoughtful use of explosives.


90 posted on 12/25/2005 3:36:30 PM PST by LexBaird (This message tagged and released back into the wild. Please report sightings.)
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To: John Jorsett

She can't be sued. She didn't close the alley, the city council did. Citizens can't be sued for making requests.


91 posted on 12/25/2005 3:37:02 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: mel

Run for city council the next time your rep is up for re-election. Then get your friends elected in other wards. A situation similar to what you have described is how my family got into politics.


92 posted on 12/25/2005 3:44:45 PM PST by kjam22
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To: mel

God, I hate people like that...good luck to you, you're gonna need it!


93 posted on 12/25/2005 3:48:24 PM PST by Hildy (Keyboard warrior princess - typing away for truth, justice and the American way!)
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To: mel

Living in Memphis is the real problem.


94 posted on 12/25/2005 3:50:05 PM PST by razorback-bert
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To: mel
Something similiar to this happend to my husband and I back in 1996. You and your neighbors need to check your settlement documents and see if there is a right of way mentioned or drawn in on the survey. Since you will only have a survey of your property, as will everyone else, you will need to piece them together to see if a right of way shows up.

If that does not work, see if you can find older surveys from 1960's, or even earlier. What you are looking for is called a right of way or guaranteed egress.

Don't go thinking you have right of adverse possession unless you are also paying property taxes on that land.

The long and short of it is, you all need lawyers, but you can cut down on some of the expense by doing some legwork yourselves. Good luck.

95 posted on 12/25/2005 3:50:57 PM PST by SoftballMominVA
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To: SoftballMominVA
The city has an attorney. It's a sure bet the city attorney has already reviewed the thing before the city closed the alley / street. I'd guess what they did was legal. But cities do things for a variety of reasons.

The beauty of our system of government is that we don't have to rely on courts and lawyers to solve issues. Politicians are elected and we can all run for office.

96 posted on 12/25/2005 4:02:35 PM PST by kjam22
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To: mel

Remember, ingress, egress and preemptive right of access to property. I'm sure Tenn. follows customary common law and statutory & caselaw on those subjects.


97 posted on 12/25/2005 4:27:31 PM PST by middie
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To: mel

Oh, I find it strange that if the property is really community/public... then why does only she have a key?


98 posted on 12/25/2005 7:27:15 PM PST by Seamoth
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To: penowa; mel
What you are thinking of is called "adverse possession" and it takes many YEARS of uncontested use to even have a chance establishing that. If these homes are years old and all have continually used the alley without that use being contested until now, then it would seem to me that an easement has been established throught that use by all of the properties bordering the alley. In any case, a close examination of the deeds (public info) will clear up a lot. Of course, do that with the aid of an attorney, hopefully representing the whole group of you contesting the city ruling. Who knows? Maybe the city didn't even have the right to grant her what they did. The deed exam will tell a lot. Whatever Freeper(s) suggested the safety aspects of fire and emergency access are also spot on.

I'm not an attorney, but I am a real estate broker and it seems you do have several options open. I'd just forget it for now, enjoy the evening and chat with a few neighbors next week or after the New Year to see if they will join you consulting a lawyer. Probably also be best to find a "Real Estate Attorney". Find one who confines his/her practice to real estate matters. Merry Christmas !

Nam Vet (well fed and 'watered' late Christmas day .... excuse all typos and bad grammar)

99 posted on 12/25/2005 7:40:33 PM PST by Nam Vet (The Gaulistinians are rioting to reclaim the ancient 'holy ground' of Paris.)
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To: Melas
She can't be sued. She didn't close the alley, the city council did. Citizens can't be sued for making requests.

As I understand it from earlier posts, the gate is physically on her property. If so, she can be sued to remove it, even if the city gave her permission to erect it. She can make that argument and perhaps even prevail, it'd just cost her.

100 posted on 12/26/2005 7:02:04 AM PST by John Jorsett (scam never sleeps)
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