Find fields & stores near you!
Find fields and stores
Zipcode
PbNation News
PbNation News
Community Focus
Community Focus

Reply
 
Thread Tools
Old 12-09-2009, 12:17 AM #1
madamThomas
 
 
Join Date: Dec 2009
Exclamation $10,000+ just spent defending the game on private property

Neighbor sued me for my son and his friends playing paintball on my 7 acre country property. Neighbor testified the noise from paintball is causing depresssion, anxiety, loss of enjoyment and use of her 1 acre property etc. etc. Kids willingly rebuilt the courses another 75 feet further from her house (courses located approx. 200 feet from her home, across a private road and through the woods...still not good enough for her.) Judge issued temporary injunction pending final hearing, forcing the boys to move another 100+ feet further into the woods, build new courses, and prohibiting them from playing paintball on over 3.6 acres of my property. However, they are able to play without restriction on the furthest 2.6 acres of my property. The neighbor has sent people onto my property to harrass the boys (encounter video recorded by the neighbor's crony unbeknownst to the boys)...resulting in a criminal tresspass conviction for the neighbor's crony (an attorney) and no other reprimands or restriction on the neighbor throughout this case. Currently awaiting judge's final decision. So the moral of the story... having a miserable single lady without kids (although she's a family counselor if you can imagine that!) can cause you great expense in litigation, even if you're safely playing on your own property, approx. two days a month, May-October, and never once hitting someone else's property. Even voluntarily moving your course 200+ feet away where its hidden through woods, might not be enough to end the litigation outside of court if you're dealing with an over-sensitive, unreasonable person. Something needs to be done to keep this constructive, age-appropriate, back yard game in a county setting where zoning or other laws do not prohibit such play, free from neighbor abuses under the guise of "noise nuisance"... at least in PA where we have such protection for target range operators. And people wonder why youth of today are such trouble.... maybe if you let them get out and enjoy such recreation without interference from meddling, irresponsible adults, we'd be better off. It sickens me. Who's looking out for the interests of the kids? Let's hope the Judge appropriately balances the interests of the kids in a game they love and play responsibly on suitably located private country property with those claims made by a troubled adult who goes to such extremes as putting others up to tresspassing and illegal electronic surveillance of the confrontation, to try to make their case in the name of private "noise nuisance"!
madamThomas is offline   Reply With Quote
Old Sponsored Links Remove Advertisement
Advertisement
Old 12-09-2009, 01:20 AM #2
L337PwNaGe (Banned)
AGGtastic
 
Join Date: May 2009
Location: *330*
meh, just go to a commercial field
that ***** is a ......*****
L337PwNaGe is offline   Reply With Quote
Old 12-09-2009, 04:53 PM #3
lukeg1589
I kill OT's
 
lukeg1589's Avatar
 
Join Date: Sep 2007
Location: chicago burbs
lukeg1589 owns a Planet Eclipse Ego
lukeg1589 is for the Gunfight
lukeg1589 supports Bob Gurnsey
Smells like a job for a shovel, couple hundred lbs of cement, and that 7 acres of land you have.

That sucks, my neighbor got mad at me and my friends for playing marco polo in my pool at 11 pm. We were apparently splash too loud said the police. Its ****in marco polo you aren't supposed to splash.

We got them back though, they got drunk on new years and started lighting off roman candles at 2:30am and crap and we called the cops and got the husband arrested.
__________________
Originally posted by ZiE: "I know I know, but when a butthole calls... zach must answer."
Originally posted by Make_1t_Rain: "I know this is wierd but i've always wanted an eyepatch like a pirate. I think they are cool for some reason."

Luke5594-360- Bad Company 2- I can pick you off from 1000 yards away.
lukeg1589 is offline   Reply With Quote
Old 12-09-2009, 05:27 PM #4
A1Precision
Precise Precision.Yea me!
 
Join Date: Dec 2009
Location: New York
luke you should have got them on camera doing that lol... Dang, I just hate how people are always trying to make a buck off the first thing they see. They are * to do that. Hope all goes well.
A1Precision is offline   Reply With Quote
Old 12-11-2009, 07:05 PM #5
Technic76
 
 
Technic76's Avatar
 
Join Date: Nov 2008
Location: ~540~oak of the roan
Technic76 owns a Planet Eclipse Ego
Quote:
Originally Posted by L337PwNaGe View Post
meh, just go to a commercial field
that ***** is a ......*****
Not everyone has a commercial field around them
__________________
Tiger PB

Team Wemow
Technic76 is offline   Reply With Quote
Old 12-11-2009, 07:43 PM #6
Pump Scout
Old gun,new gun,whatever
 
Pump Scout's Avatar
 
Join Date: Aug 2002
Location: Central Wisconsin
Annual Supporting Member
Pump Scout is a Mega Moderator
Pump Scout is a Supporting Member
 has been a member for 10 years
Pump Scout is BST Legit
Disclaimer - I am not an attorney. The following is NOT legal advice!

Should you win this case, you may be able to request that she cover your legal fees. Check with your own attorney on that one. Also, since that video was obtained illegally, it shouldn't be admissible in the decision making process. YMMV. Good luck, and let us know how it turns out!
__________________
WISCONSIN NAVARONE
Pump Scout's Curator's Corner thread
Inception Designs

Flying to events? Check out BHTP to protect your travel and your bags!
Pump Scout is offline   Reply With Quote
Old 01-16-2010, 11:01 PM #7
warriorboxerdog
 
 
Join Date: May 2009
Location: hanover pa
man wear do u live everybody from pb nation should come over and play paintball with your boys and see how she likes that!! Hold a privite tourdament to help with your legal fees I would come and play just to piss her off
warriorboxerdog is offline   Reply With Quote
Old 01-17-2010, 01:17 AM #8
S1cK_NaStY
Undercover mod
 
S1cK_NaStY's Avatar
 
Join Date: Jan 2010
Location: IOWA
S1cK_NaStY is playing at Living Legends III
S1cK_NaStY owns a Planet Eclipse Geo
S1cK_NaStY owns a Planet Eclipse Geo
S1cK_NaStY supports Team VICIOUS
Quote:
Originally Posted by warriorboxerdog View Post
man wear do u live everybody from pb nation should come over and play paintball with your boys and see how she likes that!! Hold a privite tourdament to help with your legal fees I would come and play just to piss her off
Id play that tournament! Crap id dry fire all day just to piss her off. I went through this same kind of thing for YEARS when I used to ride mx. Common complaints: "Your exhaust is too loud" "Your making too much dust" "You crossed the road with a unregistered vehical, I started pushing it across roads then" "Your driving too wreckless and" "your going too fast down the county rock road" "your riding in an abandon sand quarry" "your doing donuts in the snow in a parking lot" People will complain forever man about everything because there either jelous or they see your having too much fun.
__________________
Ramsey #69
IoWa BalleR
official I quit sale http://www.pbnation.com/showthread.php?t=3730378
S1cK_NaStY is offline   Reply With Quote
Old 01-18-2010, 01:11 PM #9
BMcC13
Vatican Assasin
 
BMcC13's Avatar
 
Join Date: Nov 2009
Location: CA
BMcC13 helped look for balloons
BMcC13 is playing at Living Legends III
BMcC13 owns a Planet Eclipse Etek
BMcC13 supports Team VICIOUS
I'm not a lawyer, but I know this for a fact.

If she is claiming that she has suffered "loss of enjoyment, depression, and anxiety", then she has to prove it. Actual harm must have happened for her to be successful in those claims. Simply saying "I'm sad" isn't enough. And based on what you say about her, there are about a million other things that could be causing those symptoms.
__________________
"It is absurd to hold that a man ought to be ashamed of being unable to defend himself with his limbs, but not of being unable to defend himself with speech and reason."
-Aristotle
BMcC13 is offline   Reply With Quote
Old 01-22-2010, 12:07 AM #10
lancetheracer15
 
 
Join Date: Jan 2010
You should sue her in civil court. When you win she will have to pay all of your fee's plus some. Or move here to Texas, and start walking around your property with guns on your hips. God bless Texas
lancetheracer15 is offline   Reply With Quote
Old 01-22-2010, 12:07 PM #11
bgr3118
SOV
 
bgr3118's Avatar
 
Join Date: Feb 2005
Location: PA
bgr3118 has achieved Level 1 in PbNation Pursuit
bgr3118 has achieved Level 2 in PbNation Pursuit
You can do that here in pa also. gotta love open carry rights lol
__________________
USAF FIREDAWGS
SONS OF VENGEANCE

Sponsored By:VALKEN PAINTBALL, ANSGEAR.COM, ZEPHYER PAINTBALL, HITMAN GEAR
bgr3118 is offline   Reply With Quote
Old 01-22-2010, 12:08 PM #12
bgr3118
SOV
 
bgr3118's Avatar
 
Join Date: Feb 2005
Location: PA
bgr3118 has achieved Level 1 in PbNation Pursuit
bgr3118 has achieved Level 2 in PbNation Pursuit
ok i was going to send you a pm but i cant for some reason in what part of pa do you live??
__________________
USAF FIREDAWGS
SONS OF VENGEANCE

Sponsored By:VALKEN PAINTBALL, ANSGEAR.COM, ZEPHYER PAINTBALL, HITMAN GEAR
bgr3118 is offline   Reply With Quote
Old 02-24-2010, 05:43 PM #13
Smittay07
 
 
Join Date: Feb 2010
This seems rather stupid for someone to be pursuing... although, have you considered going over and discussing the matter with her personally? Or has it always been a reaction to your sons playing in the back? Its reasonable for someone to be upset if paint keeps landing in your yard or hitting your house. Maybe discussing it with her first (seeking permission so to speak) would aleviate her problems and give her some feeling of control in the situation, and lead to some kind of mutual solution
Smittay07 is offline   Reply With Quote
Old 03-05-2010, 04:52 PM #14
bgr3118
SOV
 
bgr3118's Avatar
 
Join Date: Feb 2005
Location: PA
bgr3118 has achieved Level 1 in PbNation Pursuit
bgr3118 has achieved Level 2 in PbNation Pursuit
If ya look he did say that nothing was hitting her property. Also he moved the courses futher away to try to appease her. It sound to me like she is just a crotchety lady who has nothing better to do than complain.
__________________
USAF FIREDAWGS
SONS OF VENGEANCE

Sponsored By:VALKEN PAINTBALL, ANSGEAR.COM, ZEPHYER PAINTBALL, HITMAN GEAR
bgr3118 is offline   Reply With Quote
Old 03-06-2010, 04:49 PM #15
dave3066
 
 
dave3066's Avatar
 
Join Date: Dec 2008
Location: NJ
dave3066 helped look for balloons
dave3066 owns a Planet Eclipse Geo
Does she have any cats?
__________________
FBM Factory

Clean RL Timmy with a Gatwrap - http://www.pbnation.com/showthread.php?t=4010120
dave3066 is offline   Reply With Quote
Old 03-19-2010, 10:15 PM #16
Phryxis
 
 
Join Date: Apr 2002
 has been a member for 10 years
I think everyone has thought at some point or another (and in some cases it may already exist) that there should be a law that if you pursue sufficiently frivolous litigation, you should not only have the case thrown out, you should yourself be forced to pay the damages to the party you levelled the suit against.

Of course, that would mean a lot less work for the lawyers, and what are politicians? That's right, former lawyers.
Phryxis is offline   Reply With Quote
Old 03-29-2010, 09:54 AM #17
cooperk85
cucha de madre
 
cooperk85's Avatar
 
Join Date: Aug 2007
Location: SW FL
Quote:
Originally Posted by lancetheracer15 View Post
You should sue her in civil court. When you win she will have to pay all of your fee's plus some. Or move here to Texas, and start walking around your property with guns on your hips. God bless Texas
i wish ny was like that

Quote:
Originally Posted by Pump Scout View Post
Disclaimer - I am not an attorney. The following is NOT legal advice!

Should you win this case, you may be able to request that she cover your legal fees. Check with your own attorney on that one. Also, since that video was obtained illegally, it shouldn't be admissible in the decision making process. YMMV. Good luck, and let us know how it turns out!
yes you should win it just from the stand point that is was obtained by trespassing, its just like when you get pulled over a cop cannot just open your car door and look for ****, they either have to do it by a warrant or by you giving then consent. and i believe that most zoning laws state that they have to be 200 feet away. so she is fine.

Quote:
Originally Posted by dave3066 View Post
Does she have any cats?
i like where this is going
__________________
2013 HD FLHX Street Glide
cooperk85 is offline   Reply With Quote
Old 03-29-2010, 09:39 PM #18
NightKreeper
 
 
NightKreeper's Avatar
 
Join Date: Jun 2002
Location: Springfield, Missouri
NightKreeper is a Supporting Member
 has been a member for 10 years
NightKreeper plays in the PSP
NightKreeper plays in the APPA D4 division
unfortunately some people in this country have nothing better to do than hassle other people, and wait around for their opportunity to call the cops on someone.

i would have large games just to piss her off. invite the people with Ego's

post back and let us know what happens
__________________
old feedback 31/0/0
AC 417
Kick'n Paintball Park
Planet Eclipse
G.I. Sportz
V-Force
Exalt
NightKreeper is offline   Reply With Quote
Old 03-30-2010, 11:45 AM #19
imgonnadie
 
 
Join Date: Jul 2007
Location: Mississauga, On, Canada
Let us know how it goes. And if they rule in your favor start a big celebration game for everyone around your area and send her an invitation rofl.
imgonnadie is offline   Reply With Quote
Old 04-28-2010, 05:52 PM #20
SOGGYMUFFIN
AIR FORCE
 
SOGGYMUFFIN's Avatar
 
Join Date: Jul 2008
Location: VA
SOGGYMUFFIN owns a Planet Eclipse Ego
SOGGYMUFFIN supports our troops
SOGGYMUFFIN is an NCPA player
SOGGYMUFFIN plays in the APPA D4 division
Buy her some earplugs for Christmas
__________________
LIBERTY UNIVERSITY
"... and where the Spirit of the Lord is, there is liberty."

PROUDLY SPONSORED BY PLANET ECLIPSE AND SOCIAL PAINTBALL
SOGGYMUFFIN is offline   Reply With Quote
Old 05-02-2010, 11:06 AM #21
denji20
 
 
denji20's Avatar
 
Join Date: Apr 2010
Location: Kentucky
I find it sad that she has enough free time to mount a law suit against some kids for playing paintball.
denji20 is offline   Reply With Quote
Reply


Thread Tools

Posting Rules
Forum Jump