Guess what’s happening on the mountain?

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Dear friends,

There’s a lot happening on the mountain. I haven’t written about it, in part, because it’s complicated and, in part, because it’s all moving so fast. But since I’ve been away from this space for a while I thought I’d give you a quick, simplified, update to get my blogging juices flowing again.

In this installment, when I was at the bottom of the pit of despair, I told you about an adjacent landowner with a lot for sale whose property had been encroached upon by the Unfriendlys. (In 2010, Junior had moved his fence and electric gate off the boundary of his property onto the adjacent landowner’s property and onto a county road.) This encroachment created a “cloud” on the landowner’s title, complicating his attempts to sell the property.

I viewed the situation as another example of the Unfriendly’s ruthless, despicable, unstoppable behavior and the story  made me despair even more. Mr. Mom, however, saw it as an opportunity, and he wasted no time seizing it.

You might recall that when the district court ruled against us, we were left landlocked. At this point, the Unfriendly’s mineral rights, which Mr. Mom had purchased as leverage, became a moot point because, as we learned, you can only exercise mineral rights if you have access to said property. With no access, we had no legal way to pursue our mining claim and, thus, posed no threat to the Unfriendlys.

When Mr. Mom learned the Unfriendlys had encroached on an adjoining landowner looking to sell, he stepped in. Last year, Mr. Mom and his brother bought the landowner’s 2-acre parcel for cash at a bargain price. The tactic gave us immediate access to the Unfriendly’s property, meaning we could pursue our mining claim and once again use it for leverage in settling our easement dispute. However, the encroachment forced us to petition the court to clarify the boundary in a quiet title action.

Then, once the Appellate Court ruled in our favor in the previous court case, it meant we had successfully forced the Unfriendlys to defend multiple fronts simultaneously — an ancient war strategy cleverly adopted by Mr. Mom.  Better yet, because the Unfriendlys had unwisely encroached on a county road, the county was enjoined in our petition to the court and has a stake in seeing that the Unfriendlys correct the situation.

So for the last year, this is what Mr. Mom has been working on. He hired a boundary attorney to pursue the encroachment; a mining attorney to pursue our mining claim; and he’s still working with O’Malley on the condemnation hearing, which is scheduled to be heard in district court in April.

Yes, we’re racking up legal bills, but so are our neighbors. (Two things we’ve learned about attorneys: You get what you pay for. And like doctors, you’d best hire a specialist. You don’t want a dermatologist doing the job of a cardiologist.)

So it’s not surprising that we were recently contacted by a man named “Pal,” who says he’s a friend of the Unfriendlys (there’s an oxymoron, huh?), that he has been empowered to negotiate on their behalf, and that the family wants all of this to stop. He says Mrs. Unfriendly’s husband is quite ill, Mrs. Unfriendly is becoming more and more unfirm, and Junior and his sister never wanted to fight anyway. Pal says they want to settle.

Their opening volley suggests otherwise (it would take an entirely new post to describe the ludicrous details of their proposed settlement), but still — it’s a sign we’re getting on their nerves.

‘Bout time, don’t you think?

With gratitude {for the patience, wisdom, dogged determination and tactical brilliance of an ace strategist},

Joan, whose new obsession is House of Cards and, murderous instincts aside, thinks Mr. Mom is about as adept at managing enemies to his favor as Frank Underwood

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Comments

  1. Mr. Mom really lives “if at first you don’t succeed, try, try, again.” Good lesson for his children to watch.

  2. It is reassuring to read that Unfriendlys:The Next Generation seem not to be so invested in obstructing your plans. Looks like momentum on the mountain case is swinging your way. Slowly but surely. Mr. Mom is clearly not anybody to be trifled with. (But then you already knew that.) Excelsior!

  3. I see a cozy cabin in your future — and a law journal article for Mr. Mom (Swamp Fox and the Great Easement War).

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