For the past two days, The Osborns have been fighting in Court to retain the driveway which they built across Carol Davis' land.
First up at bat was James LaValle, the contractor who not only surveyed the land upon which they built the driveway, but he is also the man who put the right of way on Carol Davis plot plan back in 1995 for then owner Valenti. In Atkinson v. Osborn, Maggie claimed alternatively that "the Town" had told her that she "owned the deeded right of way", "her lawyer" told her that she "owned the deeded right of way", and that "Mr. LaValle" told her that she "owned the deeded right of way". Maggie's only problem today is that Mr. LaValle testified that he "did not tell Mrs. Osborn that she owned the deeded right of way". Sorry Mags, Somebody is lying, and it doesn't look good for you. After Maggie backed off, in Court, her oft tearful claim that she owned a deeded right of way across Mrs. Davis land, she claimed that it was a "road of aged". The only problem for Maggie was that In order for it to be a "road of aged" or a "road by prescription" it had to have been "in regular and constant public use" for a minimum of 20 years. Mr. Lavalle testified that he did the original design in 1995, in addition he admitted that the original road, Valcat ln., was not shown on any of his plans for the driveway. Again, Sorry Mags.
Next up was Paul Shea, neighbor to the osborn's who was there to testify to the "history of the land" up there. Unfortunately for him Davis' attorney questioned him on his investment in the Osborn's illicit driveway. It seems that Mr. Shea ponied up $14,000.00 to invest in the driveway, after Maggie advised him that he had a deeded, right of way through there. Again, too bad for the osborns, under cross examination, mr, Shea admitted that he had no knowledge of any right of way existing there until Maggie told him about it, he further testified that he consulted no attorney, or advisor, instead investng his money on the word of Margaret Osborn alone. Sorry, Paul should have bought Enron stock.
Last up today was Maggie Osborn. Maggie NOW claimed that she notified Mrs. Davis up front about the driveway she intended to build and Mrs. Davis had no problem with it. Of course this flies in the face of her admission at the ZBA that she had forgot to notify Mrs. Davis of the meeting. Another lie? Maggie then had to backpedal, when asked to show where on HER DEED, she was granted access to Mrs. Davis land. (cue the crickets)
Shortly after this exchange the Judge pulled the attornies into chambers, when they emerged he told the Court that he would rule on this case but first he wanted the parties to get together and try to work out a settlement. He cautioned the parties that although he would issue a ruling in this case, his court was not the lottery and no one should expect to get rich there, Mrs. davis is the only party with a claim.
the two sides have 2 weeks to file their closing arguments, then if no settlement is reached he will rule.
Question is: What will the Town then do, when The Osborn's lose their driveway, THAT was the ONLY thing that allowed them to build a 2,600 sq.ft. home on that site, Without that the site would only support a 1,400 sq.ft. home.,and not the 4,400 sq.ft. McMansion that sits there now.
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58 comments:
I smell TOAST BURNING! Quick, get the fire extinguisher before the house burns down. We know the fire dept. can't get here, soooooooooo what to do? Oh, I know what to do, because Maggie told me to file suit against the town for not protecting us! Get BURNIE on the phone to start the legal paperwork!
What a sham the Osborn's are.
Maggie and Polito went up the hill, to fetch an illegal piece of property,
Maggie fell down, lost her suit,
Now the taxpayers are left with paying the damages.
What are the three MONKEYS (selectmen) saying? “ We never knew or had an idea”!
YA RIGHT!
Welcome to Atkinson.
I dont think Davis should settle for anything less than restoring her property back to her original state if possible. If she wanted a driveway she would have put one there herself. There is no settlement that Osbornes could offer. Do they think they can just pay her off so they can continue to utilize the roadway? NOT!!! Good Luck Ms Davis you deserve it. Let the judge rule.
I think Mrs. Davis should leave it up to the judge.
I think Mrs. Davis should tell Mags that she won't settle with her and "There is "NOTHING MAGS CAN DO ABOUT IT"!
Turnabout is fair play, right Mags?
someone should look into the land that paul masone andsteve carbone bought off the town for $7,000 it was valued at $83,100 that land was a right of way for the people of conley,s grove and docking wright to other,s map23 lots 27 and 36 mr masone has to go to court for cutting down tree,s and building a concrete dock on land he didn,t own at the time . good luck
The judge has warned no one is to get rich here. Needless to say, only Carol is in a position to get compensated. With that being said, isn't it obvious the judge is saying to Carol to reach a reasonable settlement or he will rule on the just compensation?
I don't think he intends to allow Carol to refuse to negotiate fairly thus forcing the Osbournes to restore her land. He intends to let the drive stay but require compensation to Carol.
Once the driveway issue is settled then all will be well on Valcat Lane. Won't that be nice?
No, the judge was asked to determin ownership of the underlying driveway and allow Carol to shut it down. Land ownership has been determined, and Osborns have no rights to Carol's land.
If Maggie doesn't come up with enough money on her own to satisfy Carol, the judge will allow Carol enough money to replace the land back to its former condition, and there will be no more driveway.
The ball is in Maggie's court to correct the wrongs she did to Carol, or the judge will make that decision. Let's see if the Osborn's continue to take the hard line, or if they finally do the right thing for a change.
Personally, I don't think the Osborn's have enough money to pay any settlement, let alone satisfy Carol for the wrongs they did to her.
Let see what the Osborns do. If they do nothing, they will be in a lot more trouble.
"someone should look into the land that paul masone andsteve carbone bought off the town for $7,000"
Nobody bought any land from the town. They bought it from the Stickneys who owned it.
Hey, maybe you can get Maggie to install a nice paved boat launch over it!
That's an odd comment 1:40, since in the earlier hearing on Carol Davis' Motion for a TRO to stop construction of the driveway, Judge Lewis stated in open Court to Mrs. Osborn "you may continue at your own peril, if you are unable to prove ownership, I will order you to restore her land to it's pristine condition"
I see the haters are in full force today! Stay focused Osborns! Your many friends in Atkinson may find this blog a waste of time and a bigger waste of brain cells, but we're still behind you!
And yes, we vote too.
tim are you his lawyer lie,s lie,s and more lie, did he make cover for your truck ?
Don't pay any attention to anon 1:40, that’s just Maggie trying to pretend everything is just fine. In reality, she is in VERY VERY SERIOUS TROUBLE.
I would like to know how she got Jim Lavalle to commit perjury for her and had to admit to it on the stand, and that he does shoddy work. Perhaps a better question is why the town hires such a person to do work for the town?
"tim are you his lawyer lie,s lie,s and more lie, did he make cover for your truck ?"
I have no idea what you are talking about and I'm not sure you do either.
When I heard that Masone and Carbone were trying to buy that strange "Y" shaped lot on Stickney Road I attempted to buy that land from the Stickneys for the town to preserve public access but we were already too late. The land had already been sold.
My impression from talking with old timers was that the Stickneys intended that "Y" lot to be an access for residents of Stickney Shores whose lots had no lake access. One leg of the Y was for launching boats and the other was to access a tiny beach.
The town has never owned or had any interest in that lot. If you and/or your neighbors have something in your deed(s) stating that you have a right to access the pond over the land Masone and Carbone bought you should take it up with a lawyer. I'll be glad to share what I know with him.
But it was the Stickneys (not the towns) to sell and sell it they did, unfortunately not to us.
4:06,
what odes voting have to do with stealing someones land?
Stealing land is YOUR interpretation of the facts. I'm waiting to see what the judge says about it and don't interpret blog posts as fact. Unfortunately I have to rely on other people to hear the news since I work for a living and choose not to waste my days sitting in a courtroom.
As for voting, my message is simply that many of us in town are looking at how this is being handled and that will be reflected in how we vote. Then again, who would want to run for selectman in this town anyway when you're constantly attacked in this blog?
If selectmen enforced our regulations equally, they would not always be in court or criticized. Unfortunately, they won’t and that’s the problem. If they want to further the theft of another’s property, they should be taken to court.
Unfortunately for Mrs. Davis, she had something most of us could never contemplate having... A neighbor with the unmitigated gall to build a driveway across her land.
Mrs Osborn admitted in Court that she doesn't "own" the land, and every claim that she tried to keep her driveway relied on MRS. DAVIS deed and plot plan, not her own.
She ended up having to admit, that there existed no document granting her rights to that land.
Well, if you're correct, then it sounds like the ROW was misinterpreted as the Osborns tried to comply with the town on the access. You've already made up your mind about what you think of them and openly use this blog as an attack forum against this family.
Since there hasn't been a judgement (well, except with you bloggers of course) I'm willing to wait and see what the courts decide. This is still a great family and the vast majority of people in this town will regard them that way no matter what you write about them. I don't know Ms. Davis but I'm sure she and her family are lovely people too. I'm hoping this turns out well for all parties.
The judgment has already been made by the judge. The Osborns have NO RIGHTS ON MRS. DAVIS'S LAND. The only thing left is to determine the amount of damages owed to Mrs. Davis, and permission to put the land back to its original condition. (Including tearing up the driveway the Osborn's installed)
You've been judging this family for years. And you aren't going to know what to do with yourself when this case is settled. Go back to bashing the Chief? Knocking and mocking Lt. Baldwin? Criticizing the Selectmen? I see you only have four comments posted for the story about the guy hiring illegal immigrants. Your blog will fall back into obscurity if you lose this family. The Osborns are the best thing to ever happen to you and your blog squad. Save me your self-righteous speech - you're as easy to shut out as a click of the mouse.
Good luck Osborns!
Can't help but notice you didn't deny that the Judge has made his decision as to ownership of the property, contrary to your previous posting.
Why?
Running out of lies?
Can't acknowledge the proven facts?
Still in denial?
All of the above?
Oh POOR OSBORNS. They start a fight they can't finish and then complain about the publicity when they get caught in all their lies. Now isn't that ironic? (or is it justice).
Seems to me that they better pony up some BIG BUCKS to satisfy Mrs. Davis before they lose the chance to do so. That would be a better use of their time, instead of trying to justify themselves on this blog.
The trial is over and the Osborn's lost.
mo
I think Maggie took her own advice and with a click of her mouse, made the blog postings go away.
Now let's watch the judge (with a click of his bic) make the Osborns go away forever.
Now wouldn't that be nice?
The postings go away because unlike you people we work for a living. And as I said before I'm not sitting in the courtroom like you people so I won't speculate on the judgement since it hasn't been announced yet. So get over yourselves.
Time to tune you out again. Feel free to write more mocking posts to show how intelligent you are. You're really winning me over with that tactic.
...unlike you people...nice talk.
Someone is cranky.
I can't fathom how any one could go through all this. My question to Maggie is, is this really all worth it?
I can only imagine the money being spent which could have gone toward college tuition, savings, etc. I assume that this has also taken a toll on your family and personal lives too. Why anyone would want to go through all this is beyond me. It would seem to be best for all if you moved somewhere other than Atkinson and started a new life.
If the Osborns can't take the heat, then they should stop setting fires in the kitchen.
Oh what a web the Osborns weave, when they first start to deceive.
I wonder if they can see the light at the other end of the tunnel,...........and realize it's a train coming right at them. TUN MAGGIE RUN! thump, thump..........oops! LOSER......
Of course it's worth it to the Osborn's, they stood to make a cool half million plus by stealing Carol Davis's property. Now after attorney fees and settlement costs..........not so much. After Carol shuts down the driveway, the house won't be worth a plug nickle.
It should eat into the profits for the last house they built driving a driveway across other peoples property.
Net gain? minus $750 thousand dollars plus.
After all this, perhaps Maggie didn't lie when she said she was homeless. She wasn't then, but perhaps she will be now.
Isn't JUSTICE a WONDERFUL THING?
What do you mean Maggie is homeless? She's still living at 8 Valcat after the judge kicked her out. Further the selectmen know it, and have done nothing to enforce the eviction! What's with that?
Further, at $550 a day for living there without an OC, Consentino could have paid for his $780,000 communication tower (that we didn't need) at NO taxpayer expense.
If they enforced our regulations, our tax rate could drop by $2.00 a thousand with the fines against Osborns alone. Why aren't they enforcing the regs? Well you see, it's the Mags we are talking about here and it's Xmas, RIGHT? or could it be........................selectiveenforcement? Either way, SELECTMEN.........WAKE UP AND DO YOUR JOB!
Wow, I thought I could have a reasonable conversation with you bloggers but you continue to throw this toxic venom out there. So let me throw a few facts back at you:
FACT: The Osborns are terrific people with great kids. They bend over backwards to help other people in town but who can blame them for shunning people who can't get past their hatred for them.
FACT: The Osborns are NOT living in their home but do go there every day and as often as possible. I would too if I had some people around me that prefer vigilante justice to letting the courts decide how to resolve this fairly for all sides.
FACT: Maggie and Dan have plenty of friends who defend them consistently in this blog and in town. If you have a hard time accepting that it's your problem not theirs and certainly not ours.
FACT: The Osborns are being put through a hell of an ordeal with this, so go ahead and celebrate your efforts to make them suffer, but they're also some of the strongest people I know and your efforts to drive them out of town aren't working.
FACT: People that attack the Osborns constantly instead of focusing on how to make their own lives better aren't better people for it. Your gleeful and breathless reports from the courtroom, your attacks on their children, your very personal attacks on Maggie and Dan and your pursuit of "JUSTICE" are nothing more than a sad reflection on your own lives.
FACT: The town has done far more to hold the line against the Osborns than they have to help them. Calling them Monkeys and other idiotic things just shows that you're a fool.
FACT: Every time you attack this family you're making people who support them more and more angry about it. And there are a lot more of us than there are of you.
I don't know all the facts, but another has indicated a judge has ruled that the Osborns are not to be occupying that home.
Assuming that the judge's ruling and Osborn's continued occupancy in spite of that ruling are both true, what agency is charged with enforcing the judge's orders (and physically evicting if necessary)?
Is it local police (under Selectmen), state police, county sheriff, all of above, any of above?
Selectmen have been accused of non-enforcement, and I'm asking whether enforcing this particular ruling is within their jurisdiction in the first place.
Nice try Maggie, we are glad you actually have friends somewhere else, go live with them. There is proof you are living there otherwise the Town wouldn't go back to court over it. Glad your friends are angry about it, tell them to buy a house next to you so they can support you. Yes, your neighbor do want justice, for lying, cheating, and stealing. Good teaching for you kids. There are more friends on the lake that know about you, that's the whole lake, Derry, Hampstead, and Atkinson. Only Atkinson residents will have to pay the price for taxes due to your shananigans. Its Christmas, make it right, pay up, fix Davis land, and follow Town rules so that you can live a happy life in your home, its going to be costly but you said you are strong.
9:20 AM , Ask the selectmen to call for a special meeting to declare in public if they or those others you list are responsible for the enforcement of the courts orders. I bet that there are more than one of them responsible for the lack of enforcement of any and all orders given by their respective selves. The selectmen have to be fed up with all this and would have a say to clear up any misconceptions on their part -- would they not?
Rebuttal to Maggie's Post
Wow, there is no toxic venom out there being thrown at the Osborns. So let me throw a few facts back at you:
FACT: The Osborns are terrific people with great kids, if you like people who commit perjury on the stand. They bend over backwards to help themselves to other people's property in town, so who can blame them for shunning Osborns when they walk down the street?
FACT: The Osborns ARE living in their house but ONLY LEAVE to shop or go to court. There is no vigilante justice because that would be illegal. The court has determined ownership and is deciding fair damages for Mrs. Davis.
FACT: Maggie and Dan had plenty of friends who defend them consistently, but they are dropping like flies. The fact that they now have less friends, was caused by the actions of the Osborns.
FACT: The Osborns put their neighbors through a hell of an ordeal with this, so winning in court is a reason to celebrate. If the Osborns didn't want to suffer, they should have followed town regulations. If the Osborns are some of the strongest people they know and want to move out of town, now one in town will miss them.
FACT: People who want the truth and nothing but the truth are better people for it. The gleeful and breathless reports from the courtroom, unveiling Osborn lies in court shows pursuit of "JUSTICE" are nothing more than that.
FACT: The town has done far less to hold the line against the Osborns than they have to hold them accountable. Calling selectmen the three Monkeys for not doing enough brings townspeople's attention to that fact. People that vote.
FACT: Every time the Osborns are exposed for their lies, is making people who support them more and more angry with themselves for doing so. And there are a lot more of us than there are of you.
Again, I'm constantly amazed at how small your world view is. The Osborns and others in town have warned us not to waste time trying to convince the Atkinson Reporter and his three friends of actual facts. So you start in with the "Nice try Maggie" crap again? You really are clueless and more one-dimensional than I'd been warned about. I hope to meet you someday to illustrate just how wrong you are in your assessment about who's trying to balance your opinions with fact... But sadly I don't have time to sit in a courtroom or to hang out with you while you harrass town officials with your camcorder.
Merry Christmas...
Leon Artus says:
Just got home from Judge Lewis's site visit to Carol Davis's land. Boy are your postings correct about Maggie Osborn's ability to distort the truth.
While there, she and her attorney tried to convince Judge Lewis that Valcat Lane ended at the Osborn driveway. You should have seen the look on Maggie's face when I told the judge that Valcat continues another fifty or sixty feet to the Vaillancout property before turning and heading toward the lake for another fifty or sixty feet. If looks could have killed, I would have been dead.
I know now that Maggie wants another lawsuit thrown against her. This woman just doesn't know when to cut her losses.
Oh I don't know Leon, I can't speak for her but maybe she just doesn't like you? She's a great person and one of the most positive people you'd ever meet. Of course, why would she show that side to the people who attack her and her family?
Come on, don't pick on Leon. Can't you see that he's saving us all from our selves?
Talk around town is the Osborns have lost their suit Atkinson v. Osborn and they owe the Town BIG MONEY. Question now is: Will the Osborns apologize to all the town officials, neighbors, people they had arrested, Carol Davis and taxpayers at large for all the problems they created, or will they continue to create more lawsuits for all involved?
We know that those that try to defile the blog because talk around town offers no proof; the proof will be available shortly.
The Osborn’s face another court decision shortly that will devastate them morally, financially, and emotionally. please remember they brought it upon themselves. Even though they brought all these problems upon themselves, this blog only reported on the facts. No one would wish this devastation on anyone, but it must be remembered that the Osborn’s brought it upon themselves.
If it wasn’t for the devotion of taxpayers that brought attention of the Osborn’s deceit to other taxpayers, the Osborn’s would have gotten away with their thieving, stealing of Carol Davis’s property.
Thank goodness for people like Carol Davis that was willing to stand up to people like the Osborns at her own expense.
The Osborn’s are TOAST and THEY KNOW IT.
GOD BLESS AMERICA. GOD BLESS THE PEOPLE THAT EXPOSE TRUTH AND FACTS. MAY GOD BLESS THE HONEST PEOPLE OF ATKINSON.
MERRY CHRISTMAS AND A HAPPY NEW YEAR TO ALL HONEST PEOPLE EVERYWHERE.
My criticism with the blog has always been about the personal attacks that have occurred against the Osborns. Go ahead and read through the last several months of postings if you'd like - you'll see that I've consistently blasted the blog for open speculation, attacks on their children and attempts to marginalize the many people who support this family.
I don't envy this family the financial burden that has been placed on them, but the personal harassment that has occurred since this began has been terrible. So go ahead and celebrate the wins, but recognize that this family has friends in town, we vote and pay taxes too and we'll continue to defend the Osborns.
That's wonderful, you are good friends, they really need this at this time of the year. Maybe as a good friend you could help them financially thru these tough times. I am sure they will appreciate it. Thanks so much.
The judge in his decision slaps Maggie around for her arrogance. He clearly states that she brought her problems onto herself, thus backing up what blog postings have said all along.
Is Maggie going to sue McHugh for slander? Knowing Maggie, she'll try.
Give is up Maggie, you lost.
To 12/18 8:34
I do agree with you about the over-the-top personal attacks, especially any reference to their children. That is as low as it gets.
But I do challenge your choice of words quoted here: "I don't envy this family the financial burden that has been placed on them".
You characterize them as victims of outside events. In truth, whatever pickle they are in is 100% the result of their own actions. They have only themselves to blame.
AMEN
I just read the judge's decision in Atkinson vs. Malborn (Osborn). If anyone has followed this for the past couple of years, tehre really is no way they could defend the Osborn's. I don't know them or the Davis family but I can read and this entire case was so outrageous and evil that I am utterly amazed that anyone could do this to a neighbor or the town.
I also want to point out that the town is going to have some liability due to the two arrests the PD made (Artus and Dubrov).
Both of these arrests were made due to accusations made by Maggie Osborn against her neighbors. Artus case was thrown out because the PD would not or could not produce any evidence (incompetence or malicious prosecution, you decide).
Dubrov is going to court in January I think and she was accused of threatening Maggie. I listened to the tape that the PD is calling evidence and you cannot hear anything discernable on it.
Maggie will likey (or should be ) sued by both Artus and Dubrov for making false reports and the Town should be sued for these arrests that the PD made without cause.
If the town wants to prevent more lawsuits, let me suggest they listen to that tape, drop the charges against Dubrov and offer Artus and Dubrov something for the trouble the POLICE CHIEF has brought on them.
He is running a scam of a police department.
They are sweeping the real crime under the rug and they punish those who call in when they witness crimes.
He is not publishing the police log because he wants to keep it a big secret. He does not publish the same info as other towns and he pretends he can't. He wants everyone to believe there's no crime in this town when in fact, the biggest criminals are the police themselves. The PD are guilty of failure to act and abuse of power and selective treatment of residents.
There WILL be other civil rights cases coming forward due to this FAILURE TO ENFORCE THE LAW.
Fire the fn guy while you still can.
I agree, the proof is in the pudding, all will come out with who handshaked with Maggie, they are going to get caught and this nice little town will be embarrassed it was a part of this whole sham. The only way it will come out is by a lawsuit by all those involved. Unfortunate for all the innocent taxpayers that will pay for it. Maybe some of the town employee's should resign before it all comes out. The police chief is corrupt even at his old age. In this economy he should release the reigns to someone younger. Stop hogging up a job for someone. We know if you resign or retire you dont lose your pension, but if you are found guilty you lose everything. The lawsuits will make sure of it.
Where can one find the judge's ruling online?? I saw the highlights in today's eagle trib...
Keep in mind that the Osborn’s have done this to neighbors twice before, and got away with it. They thought the third time would be a charm, but the judge shot them between the eyes.
Evil lurks everywhere, but the Evil living at 8 Valcat is the worst Atkinson has to offer. Their conniving, cheating, stealing of neighbor's property and lying about it have no equal.
The "Bitch Slapping" the judge gave Maggie in his decision, is proof positive that ALL HONEST CITIZENS OF ATKINSON should have no personal or business dealings with them. It's a recipe for disaster. Forewarned is forewarned. The Osborn’s are not nice people.
Sorry, but I don't think this is the worst the town has seen. I think that is coming next, when everyone hears about the people who did the poisoning, the town will be agast. Sure, the PD is trying to squash this too but it is going to blow up in their faces. There is hard proof the police are corrupt and are hiding it not-so-well.
So the Osborn's had no comment for the Tribune article. I wonder why? This is the first time her or Daniel haven't tried to deflect attention from themselves by blaming others.
Wonder if they are going to threaten Judge McHugh with a defamation suit for saying and publishing what Atkinson taxpayers have been telling town officials for years. Perhaps they will have Consentino arrest Judge McHugh on a trumpt up charge. Wouldn’t that be funny?
How many other connected people in town are benefiting from the lower tax rate they got when they did not get permits for home improvements?
I know people who haven't paid the piper for finished basements and garages and they are stealing from the rest of the taxpayers.
We viewed a home in Atkinson last year and the tax card did not match the information supplied by the local real estate company, the one on Route 121 after the Post Office. Carol Briggy was the agent and she was vague about the reason for the discrepancies between the taxable portion and what was being reported as for sale.
We did not buy the house and did not want to be involved in this deal.
If you are still looking for a home in Atkinson, don't get involved is Osborn's try to sell you 8 Valcat. NO matter what they tell you, it doesn't have an OC. More over, looks like it will never have an OC.
Don't buy a "Pig and a Pook"! With Margaret you will get both.
It won't ever be for sale, it will have to be torn down and resized to the original allowable plan of
1400 sq feet. Even if she forclosed on it, the bank owning it couldn't sell it either because they have to meet the Town requirements, in order to sell it, no one would buy it at auction just to have to tear it down. Thats just a bad luck lot. The old owner who was swindled out of it is coming back to haunt them.
I have known the Osborns for many years. They are a great family who has been mercilessly and senselessly attacked by some of their hateful neighbors and the town of Atkinson. I am shocked at all the anti Osborn, nasty comments - the sinister jokes and the lies about them. Who are these hate mongers? What is their purpose? Why don't you get a life and leave these people ALONE!
I support the Osborns - a great family - good people!
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