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The purpose of this Blog is to pick up where the Atkinson Reporter has left off. "The King is dead, Long live the King!" This Blog is a forum for the discussion of predominantly Atkinson; Officials, People, Ideas, and Events. You may give opinion, fact, or evaluation, but ad hominem personal attacks will not be tolerated, or published. The conversation begun on the Atkinson Reporter MUST be continued!

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Monday, March 15, 2010

Town files suit against the Osborns for living in home without OC.

The name of the case is Town of Atkinson v. Daniel Osborn, trustee


The town is asking the Court for a preliminary injunction against the Osborns living in their home without an occupancy permit while the case is being heard, and a permanent injunction until they have fulfilled the requirements of their building permits, and obtain an occupancy permit.

The lawsuit alleges violations of code, violations of process, and, of course, living in the home without an occupancy permit. Superbly laid out and documented by Town Counsel, Sumner Kalman, the suit documents all the communications, and lack thereof, between the parties. It documents the broken promises, the failed inspections, and lack of compliance on the part of the defendants. It also lays out the relevant laws which must be fulfilled.

The defendant has yet to file his response, but with the civil case against them by Mrs. Davis rolling along, and the criminal case against the defendant in response to the Artus case, moving forward, it would appear Mr. Osborn will have a lot of time sitting in a courtroom to reflect on the course of action that has brought these players to this point in time. More to come as it becomes public.

74 comments:

Curt Springer said...

The state might have given the Osborns an out. A bill is being rushed through the legislature to overturn the administrative decision to enact the latest version of the national building code, which would require sprinklers in **all** houses.

Just from a rushed read of stuff on a mailing list I am on, it appears that the bill would cause state law not to require sprinklers in any single family houses, which I think would include the Osborn situation.

Tim D might also be paying attention to this.

Anonymous said...

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tim dziechowski said...

The issue isn't the lack of sprinklers. The issue is sprinklers _and_ the length of the driveway.
Nothing in HB 1486 will create an out for their situation, even if it does become chaptered law.

Anonymous said...

I HOPE THEY MAKE THEM PAY FOR WHAT THEY HAVE DONE

Anonymous said...

I Just don't understand why the Osborn's think they are going to get away with this. How can you get away with illegal oc and not following building codes ....explain Maggie explain it to all of us! because if you get away with this why do they have building codes and why do people have to get oc's ???? and you don't have to this makes no sense!

Anonymous said...

For those that want to "GET THEIR FACTS STRAIGHT", Atkinson V. Daniel Osborn, Trustee can be found at: http://www.atkinsontaxpayers.org/pdf/Atkinson_Osborn3-10-2010.pdf

Anonymous said...

Just be aware that our Town Counsel Sumner Kalman is making a good living off work like this. Short sightedness misses the point our town leadership is defective.

WHY ARE WE GETTING INTO LAWSUITS LIKE THIS IN THE FIRST PLACE?

Bad leadership bad strategy costs the taxpayers.

Anonymous said...

Where are all the attached exhibits?

Anonymous said...

We are getting into lawsuits like this because the Osborns just can't stop breaking the law. Time and time again they say one thing and do another. They asked to be sued and now they are being sued.

Our hats should be tipped to our selectmen, for holding outlaws like the Osborns responsible for breaking the RSA's of our Town. Making an example of the Osborns and others like them will go a long way to keep our building codes in place and ENFORCED. Without enforcement, there is no need for building codes, planning board or ZBA.

The OSBORNS need to go NOT our planning Board.

mo today, tomorrow and always

Anonymous said...

Right the Osborns are the source of our problems. There getting slaughtered in the court of public opinion. That means they'll be forced to go the distance to clear their name and that means no settlement but lots of legal fees for taxpayers. You suckers think this one's worth it when a criminals run our town. You idiots. You are blind sheep.

JMO

Anonymous said...

Just read the lawsuit. Town is asking for ALL their legal fees to be PAID BY THE OSBORNS!! How nice is that? Town also wants the OSBORNS to post a bond for $50,000.00, in case they go bankrupt.

Hope the Osborns have a whole "Duck Shit" load of money to part with, cause looks like they will be paying it to the Town. If they go broke, at least the town was smart enough to protect taxpayer interests.

This is the best example of why we shouldn't let people like the Osborns build in our town. They create problems and then run away leaving the Town to clean up their mess. I think we need an ordinance to BAR THE OSBORNS FROM EVER BUILDING IN OUR TOWN AGAIN.

We just can't afford them.

jmho

Anonymous said...

Curt Springer hangs onto a branch as the giant Hemlock is crashing down with all aboard.

Requests to do inspections went nowhere. Illegal occupancy a fact.

Anonymous said...

hey 1221 there is a link in the article

Anonymous said...

It aint just the town that they have to fear losing money to, how are they going to PROVE that they OWN a deeded right of way that is on somebody elses property, with no permission to build?

Anonymous said...

They can't prove they have rights across Davis property, that's why I'm hearing the BIG, TALL Maggie Osborn tree CRACKING, SPLINTERING, TIPPING......LOOK OUT....TIMBER...........(the loud THUMP will be heard shortly)

Couldn't happen to better people.

jmho

Anonymous said...

http://www.atkinsontaxpayers.org/pdf/Atkinson_Osborn3-10-2010.pdf

Just readin. Strong language up thar.

"...the Fire Department issued a permit to Defendant specifying that the new construction would be a "sprinklered building" as Defendant was unable to meet the Police/Fire access road requirement."

Saw that TV meetin of the selectman whar da Fire Chief says on TV da new Osborn driveway grade on da Davis land is still too too too steep fer a fire truck to get up. He says he don't want to try a 13.7 grade!

((Guess da chief wants to be 'bove ground till big buck retirement or somethin.))

Anyways, Osborns cut way way down in Valcat Lane deep deep deep so them fire trucks can't make dat corner nuther without a tumbling down on da side to bottom big hill. Heh Heh Heh.

Well shucks, Osborns should jus bulldoze down dat new house nexta door. Then theirs a extra fat wide lot fer fire trucks. Works fer me!

Fire up dat dozy!

Anonymous said...

NEWSFLASH:

A bulldozer ran over an Atkinson home, however all occupants got out safely. The occupants of the recently constructed home claim the only possessions saved were their shoes. Atkinson fire trucks were unable to access the scene to put out the resultant fire. Atkinson police report it is a civil matter and not within their jurisdiction.

Anonymous said...

Hey MAGGIE, Carol Davis would like you to tell her again how she can't do ANYTHING to stop you from illegally taking her land without her permission.

Blog people would like to know if you still are taking that position. Would you please tell us how she can't stop you? Hmmmm? Looks like she is doing a good job stopping you in your tracks. Care to comment?

TIMBERRRRRRRRRRRRRRR!


PS Maggie, how much does your attorney charge an hour to defend you? Does he even know you are being sued? LOL

Opinions, opinions, opinions.....like maggie.....everyone has one.

that's my opinion

Anonymous said...

I just want to know why Maggie and Daniel think they are going to get away with this i would really like to hear there opinion? please speak let the blog understand.tell your side we are all so eager to hear from you.

Anonymous said...

Hey Daniel Osborn you BIG, STRONG, HANDSOME, BRAVE MAN YOU.....How many Osborns does it take to beat up on an Elderly Female neighbor taking care of a sickly sister, brother, grandchildren, to beat her into submission in order for you to steal her land? Does it take just you and Maggie, or do you depend on relatives, Sapia, CON-sentino and others to get her onto the ground before YOU beat her senseless?

I would think you would be having some sleepless nights about now, but VAMPIRES sleep during the day before they suck blood.

Wish I could be like you.....NOT!

mo

Anonymous said...

Curt Springer said...

"the bill would cause state law not to require sprinklers in any single family houses, which I think would include the Osborn situation."

Let's see...No sprinklers, no fire access road, houses very close together...the legislature overturns the national building code.

Whats that smell? Smells like smoke. FIRE! OMG. RUN FOR IT!!!!

Good thing the State legislature also imposed the alternative mandatory garden hose solution.

Just walk up to your flaming home and turn on your garden hose. No problem-o

Be sure to get out the inferno with those asbestos gloves for the red hot metal twist spout.

Hope the hose don't melt!

Anonymous said...

If the burning fires of Hell were to breakout beside the Osborn house, wouldn't that be appropriate? Doesn't the Devil claim what he sows?

That's my opinion question.

Anonymous said...

FIDDLEY DEE FIDDLEY DUMB, WERE ARE THE OSBORNS WHEN JUSTICE COMES?

Anonymous said...

WILL THEY STAY OR WILL THEY RUN, WHEN THE FIRES OF HELL BURN THEIR BUM?

Anonymous said...

If the Osborns go bankrupt and the Town has to take their property to cover expenses, would it become Conservation property? Could we turn it over to Carol Davis to satisfy her claims? Could we turn the McMansion into a club house for the Elderly who live on Hemlock Heights and Chase Island? Could we make it a memorial to "How not to defile" our zoning regulations?

Personally, I think the Town should take it before the State gets their hands on it. Heaven only knows what they would mandate to do with it.

Either way, the Osborns will be gone, and that in itself is a blessing.

mo

Anonymous said...

To Anon March 15, 2010 12:48 PM

The Osborns aren't the source of ALL our problems, just a source of ONE of our BIG problems. They aren't being slaughtered in the court of public opinion, they will be slaughtered in the court for their wrong doings. That's the relief under the law that honest peole have available to them to get relief. They can't clear their good name, because they have no GOOD name to protect.

Personally, I hope the Osborns pay their attorney by the hour to go the distance, because there is NO WAY to clear the name of a guilty person. If they chose to fight a losing battle, so be it. The sooner they go bankrupt, the sooner the taxpayer will be out from under their trechery.

We now have a chance to make the Osborns pay both sides of legal fees, and be rid of them. Now that's poetic justice.

Anonymous said...

BURP!

Anonymous said...

Excuse yourself maggie, u r as rude on the blog as u r in real life.

Anonymous said...

Hey Daniel Osborn, who wears the pants in your family? My guess it's your wife and you are a whimp. Then again, some say you are the brains behind the family but hide in the background while you send her out to do the dirty work. That argument holds some water because I don't believe your wife has any brains. Either way you both work together for your own downfall.

Stupid is stupid by any name, and you deserve one another. My guess it’s you that is stupid and don’t understand why you haven’t DUMPED the……………..ah girl. That explains your stupidity. That explains how she will do you in, in the divorce.

Couldn’t happen to better people.

jmho

Anonymous said...

As a new comer to the blog, I would like Daniel Osborn to state his position here so I can make up my mind as to who is right in this situation. I'm surprised as to the fact they aren't defending themselves.

If they are in the right, then why not defend themselves. I would like to know more before making up my mind.

Without rebutting these positions, I would have to side with the Town. After all the Town is suppose to be protecting me. Are they or not?

PS I'm registered to vote.

Anonymous said...

We know that Daniel and Maggie read this blog.

We know that Daniel took the fifth in the Artus trial. Are the Osborns goint to take the Fifth here? Is Daniel going to take the fifth in his CRIMINAL TRIAL? Is Daniel and Maggie going to take the Fifth in the Davis suit? Are they going to take the Fifth in the DES case that is about to come?

I'm guessing yes. What else do we need to know about the Osborns?

The bond by the Town should be increase to Two hundred fifty million dollars to protect the town properly. It will take five years to resolve. What do you think?

What we do know is the Osborns can't be trusted. Fifty thousand dollar bond it NOT ENOUGH to protect the taxpayers of this town. What do you think and what are you willing to do to make your opinion known to our selectmen to protect ourselves?

If you agree, call our selectmen now to make your feeling known. The OSBORNS can not be left to Sapia and CON-sentino's influence to let them off the hook. Suggest calling now to protect your wallet or pocketbook.

jmho

Anonymous said...

Hey Curt ever hear of the prohibitions against ex post facto law? The legislature can pass all the laws the want...it would have no bearing on this case! If the law was passed before this case was filed...then you would have something. Stay in Danville and leave the Atkinson business to Atkinson people.

Anonymous said...

I just can't wait until this court date. tHIS CASE WILL DECIDE THE FATE OF ALL WHO LIVE AROUND THE OSBORNS. IF THEY STAY, STAY LOCKED INSIDE THEY WILL BE OUT TO GET US ALL IF THEY STAY. IF THEY LEAVE I THINK WE SHOULD THROW A BIG ISLAND PARTY I'LL BRING THE BEER!! WHO IS WITH ME!!!!!!!!!

Anonymous said...

I will bring the fire works!!!!

Anonymous said...

HEY 10:57 PM!!!! Its a really good time watching the trial balloons drift all over the place and then go pop, pop, pop. Also the sound of those really big --ex post facto-- lead ones when they land. KA-BOOOOOOOOOOOM!!!!!

Anonymous said...

I'll bring the kegs of beer!!

Anonymous said...

Now why did they only file against the trustee? What about all the times Maggie went before boards? Is she off the hook personally?

Anonymous said...

I am going to start making invitations!!!!!!

Anonymous said...

12:09 am...you're a dope. 10:57 pm brought up a legitimate point. The new proposed law...if passed...would not have bearing on this case. "Kaboom"...you're a fool. Its funny how any time someone says something intelligent...but it runs contrary to the agenda of Team Blog...it is dimissed out of hand and shouted down. There is no open and honest debate...you only get "props" if you blindly follow Team Blog's position...any attempt to the see the issue from both sides falls on deaf ears. Its a shame.

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MAcciard said...

I believe they filed against the trustee because the trustee is the owner of record? Or possibly because the permits were issued in the name of the trust.

Anonymous said...

What the Osborns have done and will continue to do is one thing. However the damage they have inflicted upon their young children can never be rectified in court. This is not the role model children need. But this is the legacy the children will inherit. Shame on you Dan and Maggie.

Anonymous said...

quack quack quack

Anonymous said...

I wonder when the town is going to go after the remaining people that think they are above our building codes.
Bob Allen lost his request for a variance ( after he build the permanent garage without a permit), at emery lane. Trying to get away with this crap has got to stop. I think he thought he was one of the"good old boys". I hope the BOS has him tear it down. It's sitting 15'from a swamp with a couple of vehicles in it. Nice any gas oil runoff will easily make it into the wetlands.
Thanks you Mr. Allen for being so thought full to your neighbors. I am sure they love the dark green qunasit hut as an improvment the neighborhood needed !

Anonymous said...

It will stop when Town Officials STOP using the Planning Board and ZBA as a political tool to take care of their friends and bash their foes.

It will stop when we get competent people that will enforce the RSA's and truly OVERSEE the conditions set for building permits.

It will stop when we get a building inspector that is capable of measuring the correct square footage of a building.

It will stop when we get a police chief that will stop interfering when one of his buddies gets into trouble with the planning board or ZBA.

If these things don't change immediately, then the Planning Board and ZBA should be dissolved and the Police Chief fired.

If townspeople don’t band together to make these changes, It will be business as usual.

That’s when things will change.

jmho

Anonymous said...

The Town should be paying the Osborn's for living next to the pond scum. There "good" neighbors back there are worse then the beverly hillbillies.

Anonymous said...

March 17, 2010 7:21 AM

You've just have an answer for everything. So, what are you doing to change things other than flapping your gums?

Anonymous said...

Looks more like the Osborns will be paying their Lawyer, Town and their neighbors BIG MONEY for the privilage of living next to them.

Maggie can be Grammy.....Daniel Uncle Jeb.

Show us the MONEY OSBORNS....SHOW US THE MONEY!

Anonymous said...

To the uneducated, hypocritical person who wrote:

"The Town should be paying the Osborn's for living next to the pond scum. There "good" neighbors back there are worse then the beverly hillbillies"

The CORRECT post should have read:

The town should be paying the Osborns for living next to the pond scum. Their "good" neighbors back there are worse than the Beverly Hillbillies.

I corrected SIX of your unbelievable grammar and spelling errors, but yet I am classified as pond scum... Too funny.

The majority of people who live in Hemlock Heights are intelligent, classy, MATURE individuals, so get your post right before you start throwing stones in your little glass house. (Although whoever lives in the first yellow house on Hemlock Shore Drive with the chickens and the friggan goat is starting to really get on my nerves. Clean up your yard, or I'm calling the show "American Pickers" on the History Channel, followed by a call to "Hoarders." Have some pride of ownership!

Love and kisses,
Your Friendly Neighborhood Educated Woman

Anonymous said...

we are pond scum ?"The Osborn's neighbors" look at Paul and the Osborn's themselves they are the scum..speeding by while little kids are outside playing giving dirty looks like a little 1st grader. grow up the only scum is you guys. little spoiled childish trouble makers. get a life or a second job you are going to need it.

Anonymous said...

You sound like a retired gay UMass teacher, move back to ma with your girlfriend.

Anonymous said...

lol a retired gay U Mass teacher funny!!! that got me laughing that was great! nice try though I will give you an A for effort. Paul looks like a gay retired U Mass teacher he should move to Ma, And take the Osborn's with them! retired gay U Mass teacher lol lol.

Anonymous said...

lol I hope you are not talking bad about your neighbors!!!! now that's not nice!

Anonymous said...

You are both using the term gay as if it were an insult. It's not, and neither of you have any credibility now.

Anonymous said...

I must say that it warms me up to see so many people writing. I like it. I know my barber in Plastiow is reading the blog! We talk about it!

Anyway, I live in the neighborhood and my neibors that I know are fine people and love the lake.

However, their is the couple on Valcat who are not good people and they don't love the lake as they discharged a great quantity of dirt and other garbage into our beloved Big Island Pond. It is my understanding that the DES will force them to comply with their demand the detrus (detrius) be dregged out by machine. I hope they get that case going soon as the scum lining on Valcat need to remove their gunk from our lake and take with them.

I also see them driving recklessly and way too fast down the roads. It's legally called "reckless endangerment".
I hope they don't run down one of their own children as then they will sue their neighbors and the town.

They don't teach "class" in college "classes" ha ha, and money doesn't create decency or honesty. We certainly have contemporary evidence of that. Only a firm family upbringing does that.

Anonymous said...

You know what I find humorous is that there are only 2 people on val cat who would write such a thing about there neighbors. Hmmm let's just guess. they are the only ones who seem to have a problem with everyone else from what I can see. Everyone else gets along just fine. Smiling waving hello ,able to have normal adult conversation. Just these two people and no one else. IT would seem that these type of people have nothing better to do than move on in and try to push everyone else out with there recklessness and false accusations......it's time to either grow up or get out ...or just do both, is that asking for to much?

Anonymous said...

I feel bad that the osborns hate all that live around them so much . Its to bad they have to be so mean to anyone who disagrees with them.

Anonymous said...

It may be awhile but I hear the Osborns will be moving. People just need to find out where they are going so we can warn that town they are moving in.

We would do the same if a tornado were heading their way, so what's the difference between a tornado and and Osborn? Did I hear you say nothing?

Nice thing is, a bag of wind will eventually blow itself out. Maggie on the other hand........

Anonymous said...

AMEN TO THAT!

Anonymous said...

"It may be awhile but I hear the Osborns will be moving."

Uh huh. "It may be awhile but I hear the earth will fall into the sun."

We need a real date so the party planners hits it right. You want 1000 hot dogs and 50 kegs of beer to go bad?

Please, no more mumbo-jumbo. When do the cops show with the cuffs?

PARTYYYYYYY TTTTIIIMMMMMEEEEE

Anonymous said...

Hey haven't seen Jack Sapia posting here recently. Anyone know where he is or why he's not posting?

You remember Sapia right? He's Maggie's biggest fan and known as "Special Interest" Sapia. (He has his own video posted on this web site. See his character for yourself) Don't know what his special interest is in Maggie, but let's look at the fact that he supports her. So does CON-sentino. Jack supports CON-sentino. CON-sentino supports Sapia AND Maggie. Polito is gone thank goodness or we would have another revolving door to throw into the mix.

Anyone see a problem with these relationships? Many do and will remember Jack "Special Interest" Sapia should he try to run for office again.

Sapia is probably out comforting Maggie, and that's why she's not posting too.

Just remember who is supporting whom when it comes to stealing Carol Davis land. IF they succeed, your land could be next.

Thank goodness we have a legal system to appeal to with these people around. Lawsuits are our last resort with people like this around.

jmho

Anonymous said...

I just cannot believe that the Osborn;s think there neighbors are pond scum........karma is a bit39 just remember that.PS I think the town should be paying the neighbors of the Osborn's. I mean really look at all the trouble they have caused and all the crap they have put there neighbors through... I am telling ya you cannot fix stupid!

Anonymous said...

Does anyone know when the osborn's case is? and how much they are being fined a day since the eviction?

tim dziechowski said...

RSA 676:17 Fines and Penalties; Second Offense. –
I. Any person who violates any of the provisions of this title, or any local ordinance, code, or regulation adopted under this title, or any provision or specification of any application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and shall be subject to a civil penalty of $275 for the first offense, and $550 for subsequent offenses, for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the municipality that the violator is in violation, whichever is earlier. Each day that a violation continues shall be a separate offense.

Anonymous said...

OUCH THAT'S LIKE ALOT OF MONEY!!!!!! I CAN'T IMAGINE THE OSBORNS ARE GOING TO GET AWAY WITH THIS I MEAN THE TOWN DID GIVE HER A WRITTEN NOTICE TO VACATE.

Anonymous said...

saw fire station taking pics on valcat , court date must be coming up soon....

Anonymous said...

First court date for Atkinson V. Daniel Osborn, Trustee is March 23, 2010 at 9 am Rockingham Superior Court. The judge will set the date for their trial that day.

The Towns filing with the court can be read at:

http://www.atkinsontaxpayers.org/pdf/Atkinson_Osborn3-10-2010.pdf

Cut and paste it to your browser and you will be able to read what the Town is asking for relief from the judge. If the Town gets what they are asking for, it will cost the Osborns BIG MONEY. Town is asking for the Osborns to post a fifty thousand dollar bond for starters.

Anonymous said...

Hope Maggie and Daniel are sleeping good tonight. May not have many more nights to sleep well.

Couldn't happen to better people. They reap what the sow. Thank goodness

Anonymous said...

I have no stake in the deal and I'm trying to look at it objectively. A lack of any rational voices here is a concern to me. It sounds like a witch hunt. The source of our town's problems isn't on Valcat lane. Get the lynch mob together and have a grand old time.

Anonymous said...

Spring must be upon us. Maggie Osborn was heard singing her favorite song through her open illegal windows. It goes something like this:

They're coming to take me away, HA HA
They're coming to take me away, HO HO HEE HEE HA HA
To the funny farm
Where life is beautiful all the time
And I'll be happy to see
Those nice, young men
In their clean, white coats
And they're coming to take me away, Ha-haaa!

To the happy home
With trees and flowers and chirping birds
And basket weavers who sit and smile
And twiddle their thumbs and toes
And they're coming to take me away, Ha-haaa!

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