Monday, November 29, 2010

Draft Mediation Letter

{Pssst! Someone buy "A is for Asshole" on Amazon and read it to Lynda.}

My attorney asked me for a *short* draft mediation letter outlining the case and my expected outcomes from next week's mediation session. The letter, he said, will be forwarded to the mediator and to the defendants in advance of the session.

For the loyal supporters following the lawsuit, you will find nothing new here. For the rest of you, the points are focused versions of the three aims I spelled out two and one-half years ago, on April 4, 2008, in a letter to the City of Manteca:

My aims are threefold. (1) The immediate need is nighttime noise cessation. (2) The next goal, in the short term, is to have the City of Manteca spell out for me and my neighbors the legal responsibilities (and necessary formal variances!) this business has in a residential neighborhood. (3) My long term goal (and the Planning Department’s goal?) is to have the business assets and operations removed from the property (perhaps to a commercial zone?)

You will see below only slight wording changes in those aims, even though in April 2008 everyone was still suckered by Lyin' Lynda's big lie... you know, the one about how she was running a "legally grandfathered business." {Pish!} A fourth aim of mine, since the necessity of a lawsuit was forced on me, is to lay the costs of exterminating these roaches this sordid affair on the guilty parties.

BEHLING v. ALLEN, et al.
Case # 39-2009-00212085-CU-OR-STK
Mediation letter
November 29, 2010

Plaintiff charges the defendants with noise nuisance caused by reason of their illegal land use of operating the business known as TLC Catering and commissary from their residential property zoned R-1. Prior to the lawsuit, all municipal administrative remedies were denied to plaintiff. Upon filing this suit, the defendants immediately engaged in retaliatory noise increases, which were made part of the first amended pleadings. Soon after the first amendment, unwarranted and harassing closed circuit digital (CCD) camera surveillance of plaintiff on his property commenced.

Plaintiff’s aim is to live in peaceful and quiet enjoyment of his adjoining residential property by:

A) stopping the incessant noise nuisances and retaliatory intrusions emanating from 810 Fishback Street, including business uses and noises, all-day/every-day harassment playing of the yard radio since June 4, 2009, and intrusive, overreaching use of CCD infrared surveillance cameras since October 11, 2010;

B) obtaining a complete recision and extinguishment of the deceitfully gained June 1993 “legal, nonconforming” use designation for 810 Fishback Street either by defendants’ sworn statement of confession, or by City of Manteca’s written determination, or by Superior Court order;

C) effecting the cleanup and rehabilitation of 810 Fishback Street to residential only use by complete removal or demolition from the property of all assets - buildings, structures, vehicles, equipment, appliances, fixtures, inventories, etc. - used in conducting the business from 1987 to 2010 (preliminary asset list is attached); and

D) recovering plaintiff’s costs, damages, and legal fees incurred to obtain obstinate defendants’ compliance with state laws, municipal ordinances, and common courtesies.

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Preliminary asset list of TLC Catering and commissary

(This is plaintiff’s list because attempts to verify these assets, first by interrogatory, then by demand for production of acquisition documents, again by request for admissions, and finally by request for on-site inspection, have in all cases produced only non-response or evasions by the defendants.)

Mobile home, license # FQ1259

Covered dirt floor structure behind mobile home (eastward) and all equipment in it

Trailmobile refrigerated shipping container behind the mobile home (eastward)

Grease barrel storage corral and grease barrels

Two (2) Mobile Food Preparation Units (MFPUs, or catering trucks)

One Vending truck

One trash truck

Covered concrete floor structure on the north property line

Equipment and appliances on the north property line:
  • Scotsman icemaker and condenser
  • Follett ice storage/dispensing bin
  • Admiral freezer/refrigerator combo
  • Kenmore upright freezer
  • Bally walk-in freezer
Chest freezer on covered porch attached to east side of main dwelling

Outdoor radio mounted on outbuilding

Surveillance cameras

All other unverified buildings, structures, vehicles, equipment, appliances, fixtures, parts stocks, inventories, and detritus currently or formerly used in the nonconforming uses

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