Yankee23Fan
Fair Tax!
Can you ask that in English?Anyone ever done a motion for additional findings that they'd be willing to share with me?
Can you ask that in English?Anyone ever done a motion for additional findings that they'd be willing to share with me?
Zoning, Land Use and the like are a nightmare when you have to factor in the "navigating the old boy network" of townies who think they control the world in their little government paid for cubicle.Alright, lawyerguys:
Trying to build a home and getting this permit is turning into a PITA. I'll give a general timeline here with a summary below as I'd like to know how extensive this could end up being.
1.) Original Permit Submittal Date 6/23/14
2.) Comments from city sent to Engineer 7/9/14 (incorrectly instead of the contractor)
3.) Meeting with city to discuss revisions 7/23/14
4.) Revisions sent to city 7/25/14
5.) Phone call and email from contractor to city to request acknowledgement of receipt and initial feedback 8/1/14
6.) Phone call request update from contractor to city 8/5/14 - no response
7.) Email requesting updated from contractor to city 8/7/14 - no response
8.) Phone call requesting update from contractor to city 8/8/14- Spoke with city who indicated that he would have comments in "a day or two"
9.) Phone call requesting update from contractor to city 8/13/14 - no response
10.) Call from my lawyer to his friend who is the municipal judge for this city to give a "nudge" 8/14/14
11.) Phone call from city to contractor requesting materials be dropped off 8/18/14. Response in a couple days
12.) Email response from city to structural engineer (again, incorrectly) with "new comments" 8/21/14
So the entire plans were submitted back in June. They had a total of 5 comments, 3 of which were completely incorrect (i.e., the height of the house is above the limit when in fact it was not, not enough smoke alarms which there were). The main comment had to do with the back of the home exceeding total # of stories that could be visible. Building director drew out a sketch of a retaining wall that would be acceptable. My contractor goes back to engineer and architect, gets the plan resubmitted 2 days later (7/25 above). Yesterday, they finally responded (to the incorrect person again) and once again mentioned the height of the house (incorrectly), now that the building lines and setbacks are wrong because it's listed as the wrong zone (again, incorrect, which was pointed out and acknowledged) and not really any response to the retaining wall issue. Said he will try to meet with the architectural review board and get back in a couple days.
This dept is completely incompetent. My attorney is familiar with this dept and knows how they operate. He has requested to sit down and meet with them to get their attention and get things moving. However, during the last phone call to my contractor, the building inspector stated that "the interference with this project is not helping at all". He's concerned that, if we push too hard too early, they could make this incredibly difficult or may not grant a permit at all.
However, so far, their comments have either been completely wrong (height exceeded when it doesn't, wrong zone when it's not, and a few others) or have been addressed and submitted based on their own recommendations. If I have a sit down meeting with them and my attorney and they decide to make this difficult, what am I potentially looking at here in terms of time and money to get the permit taken care of? Apparently their normal turnaround time is 30-45 days and we are well past that as we aren't really any further than we were the first day we submitted the plans. As the current place we are building has a home that we need to demo, we still need to get a demo permit once this is done (another 3 weeks) and I'm paying a monthly mortgage on a property while waiting for them to push this through.
I'll hang up and listen.
Well it's done now, but I was wondering if anyone had done a "Motion for Additional Findings" that they would be willing to send me.Can you ask that in English?Anyone ever done a motion for additional findings that they'd be willing to share with me?
lol. I meant what was the motion. But I realize its a federal motion. I dont do nearly enough federal to have something like that handy.Well it's done now, but I was wondering if anyone had done a "Motion for Additional Findings" that they would be willing to send me.Can you ask that in English?Anyone ever done a motion for additional findings that they'd be willing to share with me?
This was the advice from my builder as well and why he's been hesitant to use legal leverage and has been overly nice in his dealings. But, unfortunately, that route isn't getting us anywhere. We'll give it 2 more days and then we'll be going that latter route. Any experience with how long/expensive that can be in a general sense?Zoning, Land Use and the like are a nightmare when you have to factor in the "navigating the old boy network" of townies who think they control the world in their little government paid for cubicle.Alright, lawyerguys:
Trying to build a home and getting this permit is turning into a PITA. I'll give a general timeline here with a summary below as I'd like to know how extensive this could end up being.
1.) Original Permit Submittal Date 6/23/14
2.) Comments from city sent to Engineer 7/9/14 (incorrectly instead of the contractor)
3.) Meeting with city to discuss revisions 7/23/14
4.) Revisions sent to city 7/25/14
5.) Phone call and email from contractor to city to request acknowledgement of receipt and initial feedback 8/1/14
6.) Phone call request update from contractor to city 8/5/14 - no response
7.) Email requesting updated from contractor to city 8/7/14 - no response
8.) Phone call requesting update from contractor to city 8/8/14- Spoke with city who indicated that he would have comments in "a day or two"
9.) Phone call requesting update from contractor to city 8/13/14 - no response
10.) Call from my lawyer to his friend who is the municipal judge for this city to give a "nudge" 8/14/14
11.) Phone call from city to contractor requesting materials be dropped off 8/18/14. Response in a couple days
12.) Email response from city to structural engineer (again, incorrectly) with "new comments" 8/21/14
So the entire plans were submitted back in June. They had a total of 5 comments, 3 of which were completely incorrect (i.e., the height of the house is above the limit when in fact it was not, not enough smoke alarms which there were). The main comment had to do with the back of the home exceeding total # of stories that could be visible. Building director drew out a sketch of a retaining wall that would be acceptable. My contractor goes back to engineer and architect, gets the plan resubmitted 2 days later (7/25 above). Yesterday, they finally responded (to the incorrect person again) and once again mentioned the height of the house (incorrectly), now that the building lines and setbacks are wrong because it's listed as the wrong zone (again, incorrect, which was pointed out and acknowledged) and not really any response to the retaining wall issue. Said he will try to meet with the architectural review board and get back in a couple days.
This dept is completely incompetent. My attorney is familiar with this dept and knows how they operate. He has requested to sit down and meet with them to get their attention and get things moving. However, during the last phone call to my contractor, the building inspector stated that "the interference with this project is not helping at all". He's concerned that, if we push too hard too early, they could make this incredibly difficult or may not grant a permit at all.
However, so far, their comments have either been completely wrong (height exceeded when it doesn't, wrong zone when it's not, and a few others) or have been addressed and submitted based on their own recommendations. If I have a sit down meeting with them and my attorney and they decide to make this difficult, what am I potentially looking at here in terms of time and money to get the permit taken care of? Apparently their normal turnaround time is 30-45 days and we are well past that as we aren't really any further than we were the first day we submitted the plans. As the current place we are building has a home that we need to demo, we still need to get a demo permit once this is done (another 3 weeks) and I'm paying a monthly mortgage on a property while waiting for them to push this through.
I'll hang up and listen.
I always tell my clients you have two choices - kill them with kindness and play as dumb as possible with them as much as possible so that they feel like they are having pity on you OR demand whatever your jurisdiction equate to what we would call a Zoning Determination. Zoning and construction officers have to give them in writing and those decisions can be appealed to the full board in a public hearing.
The being nice one is usually a lot cheaper and in the end quicker.
I've never heard of the motion before. And it seems weird in the context of a MSJ since the court grants one when it finds that there is no question of material fact.Yankee, you can sometimes get an SJ decision that goes your way that nevertheless fails to make the adequate findings of fact to support the judgment.
Ah. I will admit I've never been in that position.Court got a couple of things wrong, left a couple of important things out. This is state court and our state appellate court has made it clear that they want this motion done before an appeal.
In many cases, my client was happy to win the case on sj, but wanted the court to make specific findings that they are upstanding citizens and the other side is an ###hole.Yankee, you can sometimes get an SJ decision that goes your way that nevertheless fails to make the adequate findings of fact to support the judgment.
My initial retainer for a zoning board meeting is 4 grand and I am on the cheap side for the area. You have to notice everyone within 200 feet (again, all New Jersey so your rules may vary) and the notice has to be published in a newspaper and the hearing calendar is entirely up to the board chairman, so if you annoy the old boys the chairman can just decide to carry a hearing for some borderline real reason that they normally wouldn't use and you can't really do anything about it, so you could end up going to more than one meeting. From start to finish on a good appliication with no problems you are usually looking at a 3-4 month process depending on the fullness of the township calendar for land use applications. Some tonws are at this moment booking November dates - so they are two months behind to begin with.This was the advice from my builder as well and why he's been hesitant to use legal leverage and has been overly nice in his dealings. But, unfortunately, that route isn't getting us anywhere. We'll give it 2 more days and then we'll be going that latter route. Any experience with how long/expensive that can be in a general sense?Zoning, Land Use and the like are a nightmare when you have to factor in the "navigating the old boy network" of townies who think they control the world in their little government paid for cubicle.Alright, lawyerguys:
Trying to build a home and getting this permit is turning into a PITA. I'll give a general timeline here with a summary below as I'd like to know how extensive this could end up being.
1.) Original Permit Submittal Date 6/23/14
2.) Comments from city sent to Engineer 7/9/14 (incorrectly instead of the contractor)
3.) Meeting with city to discuss revisions 7/23/14
4.) Revisions sent to city 7/25/14
5.) Phone call and email from contractor to city to request acknowledgement of receipt and initial feedback 8/1/14
6.) Phone call request update from contractor to city 8/5/14 - no response
7.) Email requesting updated from contractor to city 8/7/14 - no response
8.) Phone call requesting update from contractor to city 8/8/14- Spoke with city who indicated that he would have comments in "a day or two"
9.) Phone call requesting update from contractor to city 8/13/14 - no response
10.) Call from my lawyer to his friend who is the municipal judge for this city to give a "nudge" 8/14/14
11.) Phone call from city to contractor requesting materials be dropped off 8/18/14. Response in a couple days
12.) Email response from city to structural engineer (again, incorrectly) with "new comments" 8/21/14
So the entire plans were submitted back in June. They had a total of 5 comments, 3 of which were completely incorrect (i.e., the height of the house is above the limit when in fact it was not, not enough smoke alarms which there were). The main comment had to do with the back of the home exceeding total # of stories that could be visible. Building director drew out a sketch of a retaining wall that would be acceptable. My contractor goes back to engineer and architect, gets the plan resubmitted 2 days later (7/25 above). Yesterday, they finally responded (to the incorrect person again) and once again mentioned the height of the house (incorrectly), now that the building lines and setbacks are wrong because it's listed as the wrong zone (again, incorrect, which was pointed out and acknowledged) and not really any response to the retaining wall issue. Said he will try to meet with the architectural review board and get back in a couple days.
This dept is completely incompetent. My attorney is familiar with this dept and knows how they operate. He has requested to sit down and meet with them to get their attention and get things moving. However, during the last phone call to my contractor, the building inspector stated that "the interference with this project is not helping at all". He's concerned that, if we push too hard too early, they could make this incredibly difficult or may not grant a permit at all.
However, so far, their comments have either been completely wrong (height exceeded when it doesn't, wrong zone when it's not, and a few others) or have been addressed and submitted based on their own recommendations. If I have a sit down meeting with them and my attorney and they decide to make this difficult, what am I potentially looking at here in terms of time and money to get the permit taken care of? Apparently their normal turnaround time is 30-45 days and we are well past that as we aren't really any further than we were the first day we submitted the plans. As the current place we are building has a home that we need to demo, we still need to get a demo permit once this is done (another 3 weeks) and I'm paying a monthly mortgage on a property while waiting for them to push this through.
I'll hang up and listen.
I always tell my clients you have two choices - kill them with kindness and play as dumb as possible with them as much as possible so that they feel like they are having pity on you OR demand whatever your jurisdiction equate to what we would call a Zoning Determination. Zoning and construction officers have to give them in writing and those decisions can be appealed to the full board in a public hearing.
The being nice one is usually a lot cheaper and in the end quicker.
Ah yes. The dismissal isn't good enough type of client. They won't be satisfied with your services until, along with their dismissal, the judge issues an order requiring the other party to formally and publicly issue an apology (even better when the other side is the "state"). Those clients are fun.In many cases, my client was happy to win the case on sj, but wanted the court to make specific findings that they are upstanding citizens and the other side is an ###hole.Yankee, you can sometimes get an SJ decision that goes your way that nevertheless fails to make the adequate findings of fact to support the judgment.
lol.I'm representing a young man charged with carrying a concealed weapon. They had him cold and charged him with the felony, but he's got no real record to speak of. Still, it's a gun crime and those are often tough to bargain with this particular prosecutor's office. We make a deal that if he pleads guilty he'll receive no further jail at time of sentencing. So, all told, he's gonna do about 80 days in the county jail. Good deal for him as he was adamant that he'd rather go to prison than do probation.
So I stress to him at his plea that when all is said and done -- as long as he behaves himself until sentencing -- he'll do 80 days. 80 days. You'll do 80 days. 80. Eight. Zero.
Today I get the pre-sentence report and recommendation from the probation department. During his pre-sentence interview the probation officer asked him how much time in jail he though would be fair in this case. My guy's answer? "How about six months."
I read on and there's a copy of a pre-sentence report/rec from his earlier case. Something involving joyriding in a relative's car or something. He takes the car but lets his buddy drive. Cops get behind them, they freak out, crash the car and start running. The cops catch up to the buddy. While they're talking to him on the sidewalk they note that his cell phone keeps ringing and ringing and ringing. The same guy keeps calling over and over again. Officer asks for permission to answer the phone and the buddy tells him to go ahead. Officer answers: "Hello?" My guy: "Hey! Did you get caught!"
Can't make this stuff up.
In many states, employees suing for unpaid wages are entitled by statute to 2x or 3x the amount determined to be owed, plus atty's fees. Find out if your state has such a statute, and don't be shy in demanding the full amount allowable under the statute. I would demand the full amount payable and note that you're giving them a break by not having counsel, give them a short leash - 5 days or so max - for payment in full. Be aggressive on this, you earned it. Courts don't mess around with this in my experience. If the statute says 2x (or 3x) plus lawyer's fees and expenses, the court has very little discretion and will award it.Looks like I get to fight over commissions owed to me as I leave my present company. Fun. Since I'm in CA, and the state looks at commissions as wages with respect to Labor law, my amateur counsel opinion is I think I'm in good shape.
Great to know - thanks. I'll look it up.In many states, employees suing for unpaid wages are entitled by statute to 2x or 3x the amount determined to be owed, plus atty's fees. Find out if your state has such a statute, and don't be shy in demanding the full amount allowable under the statute. I would demand the full amount payable and note that you're giving them a break by not having counsel, give them a short leash - 5 days or so max - for payment in full. Be aggressive on this, you earned it. Courts don't mess around with this in my experience. If the statute says 2x (or 3x) plus lawyer's fees and expenses, the court has very little discretion and will award it.Looks like I get to fight over commissions owed to me as I leave my present company. Fun. Since I'm in CA, and the state looks at commissions as wages with respect to Labor law, my amateur counsel opinion is I think I'm in good shape.
It looks like there are civil and criminal penalties for failure to pay wages in Cal., so if your commissions are wages under Cal. law, you're in a strong position. Managers generally don't appreciate facing criminal sanctions. Civil penalties can be up to 30 days wages.Great to know - thanks. I'll look it up.In many states, employees suing for unpaid wages are entitled by statute to 2x or 3x the amount determined to be owed, plus atty's fees. Find out if your state has such a statute, and don't be shy in demanding the full amount allowable under the statute. I would demand the full amount payable and note that you're giving them a break by not having counsel, give them a short leash - 5 days or so max - for payment in full. Be aggressive on this, you earned it. Courts don't mess around with this in my experience. If the statute says 2x (or 3x) plus lawyer's fees and expenses, the court has very little discretion and will award it.Looks like I get to fight over commissions owed to me as I leave my present company. Fun. Since I'm in CA, and the state looks at commissions as wages with respect to Labor law, my amateur counsel opinion is I think I'm in good shape.
Get referrals from a trusted sources, meet with 2-3 to discuss your matter, discuss lawyer's experience with similar matters and proposed approach on your matter, discuss fees, go with the one you feel most comfortable with.Best way to choose a lawyer?
Talk to lawyers that people you know like.Best way to choose a lawyer?
ThisGet referrals from a trusted sources, meet with 2-3 to discuss your matter, discuss lawyer'sBest way to choose a lawyer?
experience with similar matters and proposed approach on your matter, discuss fees, go with the one you feel most comfortable with.
"FFA Lawyerguys, anyone licensed in [insert state]?"Best way to choose a lawyer?
Awesome, thx guys.Get referrals from a trusted sources, meet with 2-3 to discuss your matter, discuss lawyer's experience with similar matters and proposed approach on your matter, discuss fees, go with the one you feel most comfortable with.Best way to choose a lawyer?
Good thought. Make sure your attorney goes over any release you're being asked to sign with a fine-toothed comb. You are under no obligation to sign a release for them to pay you money you're owed in commission if they've already said they'd pay you.Had call with the CEO last night:
1) They are going to pay me all outstanding commissions. Tried to posture by saying that their counsel has said they tried 2 cases in CA recently and won, but they are making the decision to pay me. Yeah right.
2) For those involved in my earlier vested stock posts, as expected they are going to classify me as a "Bad Leaver" and have the right to buy back any exercised stock at original price vs. FMV.
3) They want me to sign a release. I haven't seen it yet but will be evaluating every syllable. I already have an employment agreement where they are protected from me disclosing confidential information, going after customers or recruiting employees. So no need for a release. If they are wanting me to say I agree that no other commissions are due and I will have no further claims there, fine. If they want to have me give up my right to exercise (I have 90 days) now or stop me from speaking about how the vested options were treated I won't sign unless given some reason or consideration to do so.
I think it is reasonable for the employer to get a release for all commissions, since that is the substance of the disputed claim. It seems reasonable under these circumstances that the employer could resolve all wage/commission claims and wash their hands of it. Not sure about all unknown claims unrelated to wages though. Definitely best to have a real lawyer read this thing and advise you.you're releasing unknown contractual claims? what if you find out they owe you more in commissions than you currently believe or that they've been cooking the books?
Well, it just seems really embarrassing. I bet he thought he was posting in the hairy chest thread.Judge Smails said:I like flat butts and hairy chestsIt would be nice of you to delete this.
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