Rohn Jambo
Footballguy
Salad eaters?
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McClure's BBQ (4 Viewers)
- Thread starter tipsy mcstagger
- Start date
Arizona Ron
Footballguy
Good luck GB
parasaurolophus
Footballguy
BBQoutdoors>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> indoor curry stank
tipsy mcstagger
Footballguy
thanks to the article in the paper yesterday ......biggest day & night combo I have had outside of opening week. It was an intense 18 hours yesterday.
Now i'm just left with this weight of possibly losing my lease, and having to go through the process of counter suing.
I need a food truck and I need it now. I have to be able to support my family.
This is such bs...alll because the landlord is a jerk and has been confrontational with everyone of the neighbors.
Now i'm just left with this weight of possibly losing my lease, and having to go through the process of counter suing.
I need a food truck and I need it now. I have to be able to support my family.
This is such bs...alll because the landlord is a jerk and has been confrontational with everyone of the neighbors.
Jojo the circus boy
Footballguy
Counter suing can be a good way to get these guys off your back, once they realize they have something to lose they'll realize how frivolous their claim is.
cstu
Footballguy
Outside wouldn't be the issue with me. But if it's a constant inside I'd have a problem.
Ramsay Hunt Experience
Footballguy
Yeah, I don't get all the certainty that this is a frivolous lawsuit. This is a pretty typical nuisance suit. One that strikes me as kind of foreseeable if you run an outdoor pit in a mixed use urban neighborhood.
Ditkaless Wonders
Footballguy
"Hey Lady! I don't sue for a court to order you to ##### twice a day so that the rotting carp smell from your #### doesn't cause my customers to loose their appetite. How about you don't sue me for the far less noxious smells I produce?"
BroncoFreak_2K3
sucker for Orange
What's the use permit from the City state? Are there certain hours that the pit can operate? As a city planner, IMO, it'd only be a nuisance if the current use was violating the stated conditions of the use permit from the City when it was issued.
Here in Michigan there would be a public hearing on the case before any building/use permits are issued. All those residents and business owners located within 300 feet of the proposed use would get an invite, all other residents are free to come and comment. That's when the neighbors have there chance to voice their opinions, in a free and open forum. The Planning Commission or City Council would then hear comments and make a final decision. Mutually agreed upon conditions between the petitioner and the City can be placed on the use permit. After it's approved, the neighbors can't go back and complain unless there is some violation of the permit being done, or gross negligence that violates a general law ordinance (nuisance) by the owner/operator of the business.
Not sure how it works in NOLA, but this system works very well here in MI.
Here in Michigan there would be a public hearing on the case before any building/use permits are issued. All those residents and business owners located within 300 feet of the proposed use would get an invite, all other residents are free to come and comment. That's when the neighbors have there chance to voice their opinions, in a free and open forum. The Planning Commission or City Council would then hear comments and make a final decision. Mutually agreed upon conditions between the petitioner and the City can be placed on the use permit. After it's approved, the neighbors can't go back and complain unless there is some violation of the permit being done, or gross negligence that violates a general law ordinance (nuisance) by the owner/operator of the business.
Not sure how it works in NOLA, but this system works very well here in MI.
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cstu
Footballguy
Mrs. Rannous
Footballguy
Tell your neighbors it could be worse. People here in Bellaire (a city inside the Houston city limits) are trying to close down a crematorium in their 'hood.
Good luck.
Good luck.
Foosball God
Foos
This might be a bit over the top. Not sure I'd go this route if I were you Tipsy.
Jojo the circus boy
Footballguy
I'm not sure what Tipsy is able to counter sue for, but once his neighbors realize they could be losing money on their lawsuit in addition to their own legal fees they are more likely to drop the case. Are you saying Tipsy (or maybe his landlord) didn't follow the appropriate legal protocol when he vetted this property to be used as a BBQ restaurant with an outdoor smoker?
ETA: Looks like Tipsy might have meant counter suing his landlord and not his neighbors, hmmm.
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Jojo the circus boy
Footballguy
It would be considered more frivolous if they have something to lose. Right now they are just suing with no downside risk.
Jojo the circus boy
Footballguy
I know what frivolous means, I also know I had to drop a lawsuit for a quarter million dollars in AR owed because our company was counter sued and we couldn't afford to drag our case through the courts. Everything is relative, if frivolous doesn't fit your legal jargon I could care less.
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Henry Ford
Footballguy
Frivolous is a legal term.
Jojo the circus boy
Footballguy
So these neighbors complained about parking spots and lost that battle, and now they are complaining about the smoke? You can laugh all you want that you were referring to a frivolous lawsuit as some legal definition while I obviously was not.
zoonation
Footballguy
Frivolous has a specific meaning. You clearly don't know what that is.So these neighbors complained about parking spots and lost that battle, and now they are complaining about the smoke? You can laugh all you want that you were referring to a frivolous lawsuit as some legal definition while I obviously was not.
Ray Karpis
Footballguy
JoJo, stop. It's getting worse the more you keep going.
East Coast Bias
Footballguy
I doubt anyone in here knows if the lawsuit is frivolous.
When they bought their homes there was no smoke. There is now smoke. The condition of their homes has been altered. They are asking a court to determine whether the person creating the smoke should stop. How is that frivolous?
Jojo the circus boy
Footballguy
Yeah I make a comment and all the lawyers go ape#### - but go ahead and blame me for using an adjective that also has legal ramifications. Seems pretty
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East Coast Bias
Footballguy
Never said it was. Maybe it has merit, maybe it doesn't. I doubt with what you've read in here you know.
WTF are you talking about? Even Tipsey admits he's being sued because of the smoke he's creating.
East Coast Bias
Footballguy
He is being sued. You took issue with the lawsuit being called frivolous. How do you know it isn't?
East Coast Bias
Footballguy
Sebowski
Footballguy
Jojo the circus boy
Footballguy
the FBGLawyer nerds need to chill out
Bottomfeeder Sports
Footballguy
All law suits about the smell of smoke 1500 miles away are frivolous to me. But if I am in Tipsy's shoes at least smart people who know some things are replying to your nonsense.
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Kenny Powers
Footballguy
Saw the title change. GL Tipsy.
Dr Oadi
Footballguy
friv·o·lous
: not important : not deserving serious attention
: silly and not serious
Full Definition of FRIVOLOUS
1
a : of little weight or importance
b : having no sound basis (as in fact or law) <a frivolous lawsuit>
2
a : lacking in seriousness
b : marked by unbecoming levity
— friv·o·lous·ly adverb
— friv·o·lous·ness noun
See frivolous defined for English-language learners »
See frivolous defined for kids »
Examples of FRIVOLOUS
She thinks window shopping is a frivolous activity.
<judges are getting sick of people bringing frivolous lawsuits>
She knew that people might think her frivolous, Kitty said, to talk to some saint when she had a cooking disaster, but that was what she really believed the saints were there for. —Alice Munro, New Yorker, 8 Oct. 2001
[+]more
Origin of FRIVOLOUS
Middle English, from Latin frivolus
First Known Use: 15th century
Related to FRIVOLOUS
Synonyms
fiddling, foolish, unimportant, incidental, inconsequential, inconsiderable, insignificant, little, Mickey Mouse, minor, minute, negligible, nugatory, slight, small, small-fry, trifling, trivial
Antonyms
big, consequential, eventful, important, major, material, meaningful, momentous, significant, substantial, unfrivolous, weighty
Related Words
jerkwater, one-horse; nickel-and-dime, paltry, petty, small-time, worthless; anonymous, nameless, obscure, uncelebrated, unknown
Near Antonyms
decisive, fatal, fateful; chief, dominant, overbearing, overmastering, overriding, principal; distinctive, exceptional, impressive, outstanding, prominent, remarkable; valuable, worthwhile, worthy; distinguished, eminent, great, illustrious, preeminent, prestigious; famous, notorious, renowned; all-important, basic, essential, fundamental, key
more
Ramsay Hunt Experience
Footballguy
This reminded me of a case in DC where a law firm got an injunction against a burger place.
http://abovethelaw.com/2010/10/biglaw-beats-back-burgers-steptoe-steps-on-dupont-circle-burger-emporium/
http://abovethelaw.com/2010/10/biglaw-beats-back-burgers-steptoe-steps-on-dupont-circle-burger-emporium/
You're all pretty frivolous right now.
tipsy mcstagger
Footballguy
I was supposed to be served by yesterday...didn't happen. I'm not exactly hard to find.....
My lawyer put together a form affidavit saying my smoke wasn't ruining lives for all the other neighbors on the block to sign & her notarize....I invited folks thinking maybe 4 would actually show.....try 25 and a few of the other business owners. It was humbling to have that support.
And lawyers are talking. My landlord is being made aware today he gets on board with our counter proposal to these condo folk or he risks a very expensive lawsuit from my llc. It remains to be determined if he will live up to that....he can be a bigger hot head than anyone ive ever met outside of my dad.
My lawyer put together a form affidavit saying my smoke wasn't ruining lives for all the other neighbors on the block to sign & her notarize....I invited folks thinking maybe 4 would actually show.....try 25 and a few of the other business owners. It was humbling to have that support.
And lawyers are talking. My landlord is being made aware today he gets on board with our counter proposal to these condo folk or he risks a very expensive lawsuit from my llc. It remains to be determined if he will live up to that....he can be a bigger hot head than anyone ive ever met outside of my dad.
NCCommish
Footballguy
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