From the Eagle Tribune;
March 31, 2011
Atkinson couple loses another case
By Cara Hogan chogan@eagletribune.com The Eagle Tribune Thu Mar 31, 2011, 12:13 AM EDT
ATKINSON — Margaret and Daniel Osborn just can't seem to win.
Earlier this month, they lost a civil lawsuit brought by their neighbor, Carol Davis, costing them more than $25,000 in damages.
Just a few months ago, in December, the Osborns lost a related case brought by the town of Atkinson, which cost them $122,000. In total, recent court actions have cost the Osborns more than $147,000, plus legal fees.
In 2008, the town issued the Osborns a building permit for their home, but that came with a requirement to install a sprinkler system because the property was not accessible by fire trucks or other emergency vehicles.
Instead, the Osborns built a driveway connecting their property to Chase Island Road, hoping that would allow them to qualify for an occupancy permit.
But they cut down trees and built the driveway across land owned by Davis, who lives at 6 Chase Island Road.
"The respondents acted without right or authority when they entered upon Davis' land, cut trees and created a new driveway," Rockingham Superior Court Judge John Lewis wrote in the ruling in the case brought by Davis.
"Although the court finds that they did not do this with a malicious or hostile intent, they acted to use the property at issue for their own benefit, to deal in particular with access concerns raised by local authorities, and acted as well expressly in the face of Davis' opposition."
Lewis awarded Davis $25,436 in damages for emotional distress and for the cost of removing asphalt and replanting trees.
Attorney Michael Bedard represented Carol Davis and said the case should never have gotten this far.
"(The Osborns) were wrong all around," Bedard said. "It seems that it would have been a lot easier from the beginning to install the sprinkler system, get this occupancy permit and go on with their lives."
Bedard said the Osborns didn't have the right to build through Davis' property. He said they should have stopped when Davis first approached them and told them it was her land.
"Instead of going to an attorney and getting their advice, after Mrs. Davis had asked her to stop the clearing, they kept going," he said.
"It would have cost them no money. Instead, they went through a year, maybe more, of litigation. They could have saved a lot of money just being a little more prudent."
Bedard said the ruling also orders the Osborns to stop using the right of way immediately.
"That was my client's main concern," he said. "The new road was maybe 75 yards away from her house. She testified that she could see it from her window."
Atkinson Town Administrator Philip Smith said he had no comment on the case because it was a civil matter that did not involve the town.
Bernard Campbell represented the Osborns and also had no comment on the case. The Osborns can appeal the decision.
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155 comments:
This is the third time the Osborn's have thumbed their nose at Town officials and surrounding neighbors, while doing their building projects.
Looks like the third time was a charm for townspeople.
Now perhaps the OSBORNS will crawl back under the rock with the rest of the snakes.
Couldn't happen to better people, right Maggie?
Dont think fine was enough, sounds like it would cost more than that to replace Davis land to its original state. Hopefully Davis can appeal the monetary amount, it probably cost her more than that just to fight this case. I doubt Osborns will give in, and do what is needed. It is not in their nature, unfortunately they can't see past their humility, that they will bankrupt themselves over an easy fix, and just move on from all this and learn from their mistakes.
Not enough justice for Mrs. Davis. I hope she appeals the award.
25,000 sounds about right to me. land is still in same place. just some dirt trees was moved around.
ZBA didn't do their job. They issued a variance when they shouldn't have which caused the Osborns to think and act as if they could do what they did.
Noone is debating they went too far. BUT if our ZBA didn't ask for certified copies of deeds, plot plans, septic designs, etc, and then actually read them and obtained advice from legal counsel I'm guessing this is far from over. Registry of Deeds is online so anyone can look up and verify information easily.
The entire mess never shoulda happened.
I doubt $25k would reimburse her for restoring the area, removing the road, and paying for the legal bills. Not fair at all.
The ZBA did seek the advice of town counsel before hearing the variance request. Sumner told them the driveway/ROW was a civil matter which they should not get involved in.
I was approached back around Thanksgiving with questions about the value of the trees. I have posted before on one of these Osborn threads that you can't replace even a single large tree for less than $5K. The Osborns had their contractor cut down dozens. I spoke with some foresters who said that they as well as members of the American Society of Consulting Arborists could use the time-lapse photography in Google Earth to prove what was there before. I am surprised that Carol's lawyer didn't have an expert witness testify as to tree value. What was removed is worth at least four times what the court awarded.
$25,000 what a joke. That won't cover the cost of the damage that the Osborns caused the land. They probably made money selling the trees & the rock they had blasted to selfishly create an illegal driveway. I say the driveway should be torn up and deposited in the Osborns driveway since they paid for the ashpalt. Get a work crew & I'll be there.
And when the Osborns cry to the town that the asphalt was deposited in their driveway...just tell the town IT'S A CIVIL MATTER, STAY OUT OF IT.
If you cut down someone else trees under the law you allowed a stump tax fee thats it. But you must be able to verify each tree and size which Mrs Davis did not.
A wrong driveway is a wrong driveway. judge could think over his low bucks and make the land and trees put with enough money to get it done right.
Lookin at that driveway makes me sick to see it, Needs to be taken out cause it's a disgusting hole in the ladys land. Osborns trespass on my land? Better stay the hell-0 off. I'm putting up no trespassing signs all over my land. and you should so no neighber builds on your land. Stone walls good too.
The judge says osborns never ripped out the land cause they was viscous mean malicious. People in town know whats goin on. Just what good people osbornes really is. Right on judge. You sure got your facts straight!!!!
My pinions
Well, here we go again. Key phrase from the judge was "the court finds that they did not do this with a malicious or hostile intent". But legally they were wrong, they're paying the equivalent of a second home in damages between the two cases and those of you who want to hate the family feel vindicated. Are you going to continue kicking the family to the curb or act like the good people you profess to be?
The court may have mistakenly decided the Osborns "that they did not do this with a malicious or hostile intent". But anyone who has had dealings with Maggie knows her to be a narcissistic manipulative witch who will walk over anyone who gets in her way of taking whatever she wants. She is pure evil. So yes, I would continue kick this family down until all monies have been paid to the town & the Davis family, the illegally built driveway is demolished & returned to a natural state, the sprinkler system it installed, and the eyesore of a structure on the shoreline is demolished. Then & only then will the community & town feel vindicated.
People aren't kicking Osborn's to the curb, all they are asking is that they follow the rules, like everyone else has to. They can still make their wrongs right, even though it will be costly. Was avoiding sprinklers worth more than 147,000 dollars when they could have spent 5000 or more? If they actually want to live there without anymore accusations, then go back to the Town and pay the bills, and follow the rules.
Not only should the Osborns be kicked down the road, they both should be put in JAIL along with the Town officals that allowed the Osborns to get to this point.
The town allowed this to happen through the zoning laws that allowed this to happen. Certain Town officials should go to jail in their support of the Osborns.
jmho
it ainant over till the fat lady sings
Anon. 6:08 can you give the zoning laws that aloud this. What law were broke? Where are your supporting facts?
Hey April 1 6:08 PM...
Care to name the town officials who "let this happen and should go to jail?"
And while you're at it, cite some laws, even some common sense principles they violated?
ZBA did nothing wrong.
Time for honest government that respects the citizens to return to Atkinson. We deserve it.
So you are telling me that if I want to build a garage on your property, and i go to ZBA for a variance in zoning to build it, they should give me the permit, because ownership is a civil matter?
Hey Anonymous April 1, 2011 2:24 PM:
Your comments about Maggie are completely misguided and only point out the hatred and evil in your own twisted mind. What a despicable thing to write! So the family made a series of mistakes, largely around trusting people at their word. They're paying for that in time, money and having their names dragged through the paper and in venom pools like this blog. EVERYTHING they do outside of this situation demonstrates how warm, positive and genuine they are to the rest of the world. If you aren't getting the warm and fuzzies maybe it's because you're spewing rage and contempt at them all the time? We all choose how we react to the world around us, and your choice is ugly.
School principals always enjoy the playground little troublemaker telling them they are innocent and never did nothing to nobody, "My shoe got up his bum but my foot wasn't in it. He put it there!" After the guilty child exits they all have a good laugh at the show put on for them by the little darling."
Later in life, it's the judge who listens to the adult liar proclaiming their innocense and how they are the victim. "I am a wonderful, wonderful person your honor. That lady victimized herself stepping in front of my car jaywalking! Wasn't me! I never did nothing to nobody. She victimized me, your honor! And who you going to believe, your honor, ME or that lying video they took when I refused the breath analyzer test?"
Judges hear these lies day in and day out from slick practiced liars so often they don't laugh. A judge's eyes do get a little squinty when delivering the guilty verdict and sentence.
In fact, a good judge finds liars boring. So don't lie in court. Show some integrity.
Just my view from the courthouse.
April 2, 2011 8:29 AM
You can go to ZBA for a varince on your property. Which the Osborns did. They assumed they had right to build a driveway where they did. The driveway was never part of the varince.
Now if you chose to build on your neighbors property thats your choice. But it becomes a civil matter not a ZBA matter
Not if the ZBA issued the variance and allowed the building inspector to issue the permit, knowing the builder didn't own the land he was building on. The town forced a civil action to be filed because they are corrupt. They wanted that big nice house for tax purposes and didn’t care that Carol Davis would have to pay to pick up their mess. Just another reason why taxpayers shouldn’t vote to give these guys any more power. In fact, if town officials won’t protect our property rights, they should have that power taken away from them.
mo
They issued a permit for house land owned by the Osborn. They didnt issue a permit for a driveway. The Osborn assumed the right to build the driveway there. They have frontage on a town road. No conspiracy theory here. Get over it.
Town issued a driveway permit, and later withdrew it when it was found out Osborn's didn't own the land. Town was prewarned Osborn's didn't own the land needed to build a bigger house, and issued permit anyway. Town won't do their job, town shouldn't have any say in our private property rights.
the permit was for access to osborn lot. where the osborns put it was thier own problem.
Hey April 2, 2011 8:54 AM:
The family purposely made these mistakes. When the Davis family first tried to stop the Osborns from destroying the land, the Osborns should have ceased what they were doing until the situation was resolved. But NO, the Osborns continued to cut trees, regrade the land from approx 23% to 13%, pave property they did not own. Now the Davis family is stuck with ruined land that a mere $25,000 can not restore. Maggie new exactly what she was doing. She thumbed her nose at the system. She has shown no remorse. If she displays another face to the rest of the town: Town hall, country club set, she is showing you a false side. She is a mean spiteful woman who has demonstrated again, and again her lack of regard for playing by the rules of society.
I am not gloating that the Osborns lost. No, I am rejoycing that the people the Osborns have wronged have finally won.
Also series of mistakes goes way back: 1. building an addition on their island without a permit or DES approval. 2. Trying to build too close to the lake at the 1st new house they built, then having to correct that issue. 3. Trying to have variances granted to them for their recent home eliminated. 4. Building on the Davis land.
The list goes on. One infraction, maybe it's a mistake. But to continue to defy the system. That shows a clear lack of regard for the system. Hence the narcissistic manipulative witch label.
RIP Dale.
To April 2, 2011 7:37 PM You are correct and you haven't even scratched the surface of what the Osborn's have done, and how many times the town has turned a deaf ear or tried to look the other way.
mo
If town officials would simply obey the laws instead of take liberties with them, ignore them, bend them, break them, apply them unequally to all citizens, then they will performing their sworn duty.
There is this way of operating outside the law where town officials think they actually MAKE the laws... that has earned Atkinson the reputation of one of the two most troubled towns in the state of New Hampshire.
When public officials lie or decieve about breaking the law this compounds the damage to the honor of the town.
The legal system in NH itself can exercise greater probity when it comes to upholding the standards of their own profession. If they did they would clamp down on Atkinson over the myriad of complaints filled by honest citizens over the last 30 years.
Just a legal opinion.
.
To April 3,2011
You are exactly right! But, how do we find the people that agree to help us.
The State of New Hampshire has been doing just fine for many years. If we can have the caliber of Selectmen that we can trust to follow the rules.
They swear this oath of office when they enter this important job.
Write to any of the offices at State level that you can think of,that might help us, and the pen may be mightier than the sword so I've been told.
What rules are the current slate of selectman breaking? There was complaints that they weren't doing anything about the Osborn's, but yet they went after Mason. Now we see that the Osborn's have lost BIG to the town. If anyone doesn't think a 100K plus fine isn't big, please share your wealth with the rest of us. The charges were that the selectman weren't even applying the rules. It looks to me that they've held the Osborn's accountable. So, what, exactly, are the selectman falling down on?
Nothing just a bunch of sick people who like to play in background. Never willing to lend a hand and run for office.
This slate of selectmen except Childs has done a pretty good job so far. It's the last slate of selectmen that need to be held accountable, along with the past board of ZBA members, it's chairman, and building inspecter that need to be held accountable for the stealing of Carol Davis land.
jmho
Our Selectmen could talk to DES about the Osbornes removing their building junk from Big Island Pond? You could make a phone call and wake up DES and get em to follow through with their ruling. Is that too much to ask to protect the lake? Maybe Big Island Pond Association can talk to the Selectmen cause this rule needs to be enforced by the DES.
Will someone do something, PLEASE?
In my opinion.
Selectmen can't get involved with the pond or people who use it because it is a civil matter between the Osborns and the pond.
So you are saying our selectmen can only get involved with taking our rights away, but NOT to protect our rights within the Town?
Best argument I've heard for getting rid of "Double Talking" selectmen that honest citizens can't afford. They don’t deserve our turst.
The ideal of the system SOUNDS GOOD, but put crooks into office and there goes the system.
That is the problem with this Town. Too many crooks in office and not enough honest people to expose them. That our friends is the reason crooked politicians feel they will never be caught.
The nation is rallying to change this notion, and now the taxpayers of Atkinson need to do the same.
jmho
jmho
It's a CIVIL MATTER is the EXCUSE selectmen use to cover their wrong doings. They need to be held accountable now!
mo
If you think the selectmen are engaged in a cover up or aren't abiding by the RSA's, then show what RSA that they've broken and contact the state attorney general so charges can be pressed. Of course, you won't because they haven't broken any RSA's in this matter. You complain when the selectmen over step their bounds, but yet you want them to get involved in a matter in which they have no jurisdiction. Do you realize how deranged some of you folks are? Also, it's so nice to see all you 'caring' people sending the Childs your condolences. Fred and his family have far more important things to deal with than your deranged points of view.
How about 91A? There's an RSA for you that is totally ignored.
The AGO is part of the problem. They also do not enforce.
RSA 91A? The meetings are posted. Give a specific example of when the selectmen violated 91A. As far as the AGO, they aren't part of the problem. The problem exists solely in your head manufacturing conspiracies where none exist. Do seek professional help.
Just because you aren't aware of what is going on around you, doesn't mean things aren't going on.
91A does more than just require meetings to be posted. Read it....then get some manners.
I have read it. I see you failed to list a single instance, never mind the "totally ignored" comment. So just because there's a possibility of "things going on", it doesn't mean that there are. You're delusional. Get professional help, although in your case it's probably too late.
A tribute to Dale Childs BOYCOTT the BLOG.
Now why would I list anything? Just because you come here and demand it? I don't report to you. They know they are violating the law and they know that someday it will come back to bite them if they don't start following it. They are already in lawsuits over 91A so how much more proof do you really want? Do your own research!
Boycott the blog by continuing to post boycott messages? hahaha
I think you're confusing the selectmen with Frank. Even though they were brought into the lawsuit, it was the moderator who was in control of deliberative. Care to try again or do you just want to continue on with your baseless blather that you continue to manufacture in your head? Get professional help. Seriously.
I agree BOYCOTT
I have viewed videos on this site, other sites, And you tube to see how the rules and rights of citizens are tampered with in Atkinson on a regular basis.
YOU can read the lawsuits over decades on the Atkinson Taxpayer Website. After reading and viewing the videos then come back here educated.
Then apologize to the person you say needs mental health services. You are way out of line. You didn't do your homework! Many people want justice and all Atkinson residents to be treated the same under the rules and laws by town officials. That and that they protect the rights of citizens from others who would injure them. Is that so crazy? The Davis family is a good example of a family that was not protected by Atkinson Town Officials and it is shameful.
Mo
It is wrongs to citizens for decades that have caused a revolt against this oppression. We are all imperfect but some have more courage and had the decency to bring forward the truth.
Dear Maggie,
I understand your pain but you have to take responsibility for what you did and make it right. you have to give up making yourself right and others wrong.
Otherwise, you just boycott enjoying your life and that is a terrible price to pay.
Go to Mrs Davis and her family and admit what you did in front of them and you were wrong to do it. Plead for forgiveness from the Davis family from the bottom of your heart Then settle up with them and the town.
It is a chance to save yourself for yourself. And gain forgiveness from all townspeople and your neighbors. Forgiveness is a possibility, but you must make it so.
Mho
My Opinion
Is that the best you can do is bring up history? I am asking what this current slate of selectmen have done wrong. The same ones who get accused on a regular basis by some of the deranged bloggers here. You bring up the Davis's. Okay, but look at the facts. The selectmen went after the Osborn's and they lost big, but yet somehow they've not performed their duty according to your twisted sick mind. If I were you, I would put motion sensors around your house. The selectmen and their agents are probably peeking through your windows right now. Boo!
I see you didn't attend those anger management classes.
Did the voices inside your head tell you to write that? You really should try to get out and engage people. You might find it therapeutic. There's not a conspiracy lurking behind every tree and rock. Really, there isn't. Hard for you to fathom I know.
OMG. Really, take a class and stop attacking everyone.
Not everyone. Just the crazies who throw out unfounded accusations accusing all the town officials of being corrupt. If someone posted that the selectmen are breaking the law and proceeded to explain why using actual RSA's and events, that would be different. That's not what you get on this blog. You get "RSA 91A is totally ignored". When I ask for an example you get "Just because you don't know that something is going on, it doesn't mean it isn't." Crazy is the only word I can think to describe someone who thinks like that. Certifiably crazy.
You protest to much in defense of the town.
No, I protest against false claims. There's a huge difference. If your neighbor started making unfounded claims about you and your other neighbor stood up for you, would you say that neighbor protest too much in defense of you? Think about it. I have no gripe with someone who makes an accusation and can subsequently back it up. If someone did wrong, they did wrong, but don't make a claim unless you can prove it. That in and of itself is wrong. Don't you agree?
If that's your arguement, take it up with your past board of selectment, because they routinely used their selectmen's meetings to defame taxpayers on camera they felt were getting to close to the truth.
Now when they do it, they are smart enough to not do it on camera. Progress comes slow.
Where are the minutes of the meetings for the past couple of years?
Don't tell me that they don't have anyone to post them, because I ahve seen lots of other new material posted on the town website.
Actually the selectmen meeting minutes are current through mid January of this year. You do realize, however, that there is nothing in RSA that states the town maintain a website much less post minutes. The minutes are readily available at the selectmen's office.
"Now when they do it, they are smart enough to not do it on camera."
You do have proof of course correct? You wouldn't post an unsubstantiated attack without it would you??? This is EXACTLY the type of behavior I am referring too.
Yes, proof exists but why should I become a target by exposing a particular situation that can be tied back to me?
Just to satisfy you?
No, I don't NEED to prove anything to you.
More senseless blather then. Forgive me if I don't take you seriously. I'm sure the proof only exists in your head. Seek professional help.
How narcissistic of you to think we should jump when you ask else be condemned by you!
Narcissistic eh? Ooooo. Such a big word coming from a paranoid delusional person. "They're doing bad things but I won't tell anyone because THEY might get me!!!" LOL. Keep posting your fantasies. Did you set up your motion sensors around your yard yet? You better before it's too late and "they" get you! Boo!!!
You two could take a breather. A time out in the corner.
Atkinson has issues that need attention.
Maggie, you know what you need to do to make things right and good. Focus on that.
Mho
Why would I want to take a breather? Watching psychotic people trying to justify their deranged thinking is just too much fun! As for Maggie, I think I saw her at the hardware store shopping for ladders. She's going to need a big one to climb out of the hole she dug for herself.
Ah, but you still don't get it. No one is defending anything because we know what happened and we don't need your approval in life.
You on the other hand think that we do, but we still don't.
You don't get it. If you're going to post accusations against town officials, you ought to be able to back it up with proof. Failure to do so would be considered libel. I'm sure a fine, sane individual would get that. It has nothing to do with my approval. Accusations have been made against the current slate of selectmen, but yet no one can seemingly offer a single shred of evidence. The excuse is the "they'll get me". Uh huh. I guess all the state budget cuts led to the nuts being let out of the asylum.
When will new fines, penalties, be enforced against illegal occupancy still going on. Equality under the rules is what we have a right to. So give it to us! Equal justice is what we want.
Citizens keep asking our BOS to treat ALL Atkinson citizens the same with no special FAVORS for current or former town officials and town employees. Provide THAT and you do your duty and the townspeople quiet down REAL fast!
If i write here a list of what I have seen of special favors or rule bending my car gets vandalized or my house damaged? Not going to risk it.
My opinion
Ok well now its time for a celebration I think all of us ...uhhumm what was the word she used oh "POND SCUM", sHOULD HAVE THAT GOOD OLD BLOCK PARTY THAT WE WERE TALKING ABOT A FEW MONTHS BACK. To congrat Carol and to show people that us "POND SCUM" WILL NOT BE BULLIED WE WILL NOT BE PUSHED AROUND AND WILL WILL NOT GO DOWN WITHOUT A FIGHT WE WILL PROTECT WHAT RIGHTFULLY BELONGS TO US!!!!!! SO MOVE ON MAGS ITS OVER !
SORRY FOR THE SPELLING ERRORS FOR THE SPELLING CRITIC I AM JUST SO DAMN EXCITED !!!!!
The occupancy permit issue was a ruling by a judge. The BOS have no authority to enforce it. That would be up to the sheriff's department. You want everything right now, but I would hope you realize that this is working its way through the legal system and that takes time. I see no special favors being afforded to the Osborns by the selectmen. If there were, they wouldn't have been taken to court now would they. Try using your brain for something other than far fetched conspiracy theories.
"You don't get it. If you're going to post accusations against town officials, you ought to be able to back it up with proof. Failure to do so would be considered libel. "
It is not libel if 'it' can be proven, and 'it' can, and I am able to prove 'it'. So I am all set.
Well if you can prove this egregious action that the current selectmen have done, I'm sure you'll be taking it to the proper authorities. We're all waiting with anticipation I'm sure. Myself, I just think you're delusional.
Continued Illegal occupancy in Atkinson is not a matter for the Selectmen as it is a civil matter between Judge Lewis and whom it may concern.
A thief is a thief. Osborn’s are thieves. Anyone that protects a thief……….IS A CO-CONSPIROTOR.
Osborn's have been found guilty and anyone that protects them are A CO-CONSPIROTOR!
Anyone want to protect the Osborns now? If so, pony up your name and become involved in the next law suit.
Opinions are like assho..s! Everyone has one but there is only one Truth! Anyone that denies what Osborns did are.............well you know.
jmho
To: April 4, 2011 9:25 AM
It's not a civil matter. The Osborns have to remove the junk house at the waters edge because that was part of the variance granted to them to build their house in the 1st place. They can not get their certificate of occupancy until the entire variance is granted.
By your definition, you are also a co-conspirator--because you are doing nothing about the Osborns but bitch about them on the blog! Should we paint you with the same brush that you are painting us? Only seems fair!
Above comment was intended for "8:21" not "8:35."
"The posting before this one is a crock. Must be a town official that posted it. Who ever posted it is an enemey of the people, and trying to protect their ass."
Interesting. Then why am I encouraging that poster to come forward with their proof of wrong doing? If I was a town official who did something wrong, I would probably want it buried and not brought forward. Your logic is clearly impeccable. Clearly you came from the same asylum as the poster I've been engaging.
You keep referring to the asylum and seem to know a lot about them. I have never been in one, so please tell me all you know about the subject matter. You obviously don't know anything about what your Atkinson town officials are doing, so if I'm ever committed ............ I'll ask for the bed next to you. I won't expect any intelligent conversation but I will give you the respect to bore me. That’s more than you would do for me, IF you could follow the subject matter.
To anon April 6, 2011 8:42 PM
Nobody has to paint the Osborns.....they painted themselves and the judge has already found against them.
Please try to keep up with the problems in this town, not try to create more.
Mrs. Osborn was an Atkinson town official and the BOS must pay her attorney fees. If Osborns sue, the BOS is obligated to treat all former town officials the same.
If they pay for one former town official to sue another town resident they must pick up the Osborn legal bills for their legal battles against town residents.
And the legal fees must be paid by taxpayer dollars, in the name of fairness.
So go get em Maggs, you qualify for taxpayer dollars. Go get that pond scum. And don't worry about those pesky fines. You have wiggle room there.
To Anon April 6, 2011 8:50 PM
Wait for the lawsuit and see if you are named. If you are named, you will get your chance to defend yourself. Otherwise, .......
"You obviously don't know anything about what your Atkinson town officials are doing"
Oh but I keep asking and all I get is vague answers with NO PROOF. I don't know what you call that, but I call it an unsubstantiated rumor. Yes, people who continuously think that people are out to get them are crazy so you'll have a long wait to find me in an asylum.
One long timer with a lot of power in this town of Atkinson set the example a long time ago that the rules are only "guidelines" instead of to be obeyed exactly. Well heck, that's how it used to be done in the olden days when things were easy and even bankers made a loan with just a handshake because he knew you and your family from way back. And what are friends for but to get you out of a jan best they could.
Times have changed. The town of Atkinson can't do business that way any more and not follow the rules as written or make exceptions to enforcing the law, or do favors, just because they know you and your family and your good people.
It is 2011 not 1950. Time to change how the rule of law is applied and no favors cause you just want to help them out.
Bankers today don't do business on a promise and a handshake either. (But they didn't follow current banking lawn causing the housing bubble and bankrupted the nation.)
The lazy days of doing special favors for friends and coworkers are gone by now in Atkinson and it is time for our officials and employees to obey and protect and do their sworn duty. It's time.
Only my opinion. Not a word of truth in it.
This angry person is just trying to re-expose info that was already given to the town and was ignored.
Why? Are they BB and trying to head off the next suit?
To: April 6, 2011 9:12 PM
Mrs Danile Osborn was not a town official when she started the proceedings over her new McMansion. So the town is not obligated to pay her leagal bills. She is. In addition she should be paying the legal bills for the Davis family. She has lost that case but only received a slight slap from the court system for all the damage & ill will she has caused. I can only hope, that someday someone will screw her the way she screws everyone in town.
Doesn't matter when the Osborns started to build a home. That's not the point. Mrs.Osborn was a town official, member ZBA and that's all that counts. BOS can fund the Osborn private legal expenses as they do for others. It's up to the BOS and they can spend taxpayer dollars on private legal expenses however they darn well please. it's their money to spend.
The BOS has already paid the private legal expenses for other ex-town officials in court. Why should the Osborns be denied the same taxpayer dollars? Osborns should go to the BOS and demand their money. Because this wonderful warm and fuzzy family has the right to taxpayer dollars for all they have done for the town. Osborns defend the town constantly from whackjobs here. Where is the Osborn payback? They earned it.
BOS. Do something to help out this loyal wonderful family. Mrs. Osborn deserves your favors for all the good work she did for herself and others, serving the town as an Atkinson town official.
My opinion
So let's us see. $120 thousand for the first case, $25 thousand for the second. That's $145,000 (probaby +) to come out of your pockets. Okkkkkkay! Who's ready to ante-up? nybody want to take care of my share for me, while you're at it. I'm retired, and struggling to pay my own bills.
Give it a rest...
Give Carol Davis a rest by fixing her land. Send Teddy over to take out the asphalt driveway at town expense. It's a town caused problem in my opinion.
Town should accept the road from Mrs. Davis, remove it sq.footage from her tax card. I drive by there daily. The road is needed. Mrs. Davis 10 cars in her drive for her house alone. Kids, dogs , toys. I understand she doesn't like what the Osborn's have done and they should pay. But if you take the blog influence out, the emotion. Seems that Mrs. Davis could make a good deal for the future and safety of her family and property. I heard another neighbor has rights to the drive. What do they think?
The bloggers have made this situation worse. Seems like there could be a better outcome for poor Mrs. Davis.
BIPO
That's nice, have the town take over the driveway from Mrs Davis, reduce her property, reduce her taxes, then what do you think open it up for the Osborn's?. Nice try Osbornes. Its her business if she wants to put 10 cars and toys and grandbabies on her property. It's her choice not to sell it and restore it back to it's previous state. It's her choice, and it was always her land that you tried to take away. That would be the easy way out for you, and for the Town. Of course, money does talk, Osborn's, you or the Town would have to offer a heck of alot of money for it to be worth it, since it's her choice.
What the heck kind of drugs are you on? The Town is supposed to pick up Osborn's legal fee's? Should they pick up Davis' fees too? Have the taxpayer's pay for stealing someone's land? I guess your looking for a way out of yor debt Osborn. I am looking for a reduction in my taxes after the Town collects what is due from you, even if it is a small amount. You just refused to follow codes and do it your own way, not my mistake yours. Get a life.
Well, i agrees it shore is ugly you have to see them litil kids playen wid them toys an dog as yous drives to yor palace, yor high ness. Golly wish I was like ya. You gives me these warm an fuzzes about how you wants to help yer neighber by gettin her land one ways er nuther and how it helps her out big time. Golly you is just wonderfer. Yup and it is pitiful yer neighber has to pay them high taxes at town fer all yer asphlt you spread all over her land. But youse did a good job with all dem trees. No nasty big ole trees left fer to fall down on dem and injures them. Dey owes you one fer dat one in my's opinion.
Me Op
Seems the judge may have made problems by not awarding mrs Davis enough to put her land back and pay her attorney. If Davis wants her land put back the judge could reconsider and award the money to do it. He did proclaim Osborns would have to return the land to it's pristine condition. Now is the time to reconsider the financial award because it isn't enough.
Then again the town could step in and restore the land at town cost as there are mistakes that wouldn't have been made in any other town.
My opinion
"Lewis awarded Davis $25,436 in damages for emotional distress and for the cost of removing asphalt and replanting trees."
Its up to Mrs Davis to remove the driveway.
Just because someone offers a solution you don't like you start name calling. Not everyone in HH or on BIP agrees with you. Call me who ever you want. Offer a solution that works for every one. Time for peace on the lake.
This has nothing to do with the town. You people have made it worse. I'll sell you my driveway that goes to the lake for 25k.
BIPO
No equity in that judgement.
Appeal it.
25000 dollars should be just for emotional stress, dont have any idea what it cost to bring land back to original state or close to it, but there should be an appeal for more money after figures come in, inclusive of attorney's fee's. Stinks that Davis would have to continue a legal fight, but I wouldn't settle for it either.
Again Mrs. Davis could not prove what was there. No tree sizes type. I have said it before you only get a stump tax plus a little extra if you cut someone else trees. 25000 sounds reasonable to me. This blog wanted Mrs. Davis to get one million dollars. Which is unreasonable. She would have been better off to sell the Osborn’s the land in question. She could have got around 35000 or 40000 dollars.
But when your brain is run by your wallet and not logic this is what happens.
Some people make money selling off land, and others like Mrs Davis chose not to, it was her option, dont even know if she was ever even offered anything for it in the first place. 25000 doesn't cover dirt, boulders, fill, and trees, along with the contractor costs for releveling the drivewa and and the right of way which was also dug out. I drive by there and it is a hugh hole with sides as deep as guessing 10 feet high walls of dirt, it would be costly to try to get it back to the same way it was before, someone must have pictures, people have lived in this area with families over time.
To: April 9, 2011 5:37 PM
Ms Davis could not sell the land to Osborns since it would then make her lot nonconforming in size. She did not have this option. If she could, she probably would have done so.
And whether she had an option or not, does not give someone else the right to take her land illegally.
I like the idea someone put forth earlier: get a volunteer work crew to crack up & remove the asphalt, then give the asphalt back to the Osborns. Let them pay to have it trucked away.
I'll pitch in if theirs kegs of beer and a grill going and I have my boom box. I got this song-
---I dug up her lies, she's drinking doubles, it's over!----
Anybody got a song they want played? i need a good laugh.
I got this ice chipper it should chop asphalt perty good. Pleeese we got to party soon. Big block party, singin, laughin. God I'm excited. Anybody got a diggin machine? Nah, let the town do that they started it and they oughta finish it plus pay for our bud and franks. Franks could do the carrying up the hill. But franks don't have legs. They just taste real good when cooked up with sauerkrot an cole slaw an beans an staketips and pasta salad an ice tea an watermelon an ice cream an home made pie.
The selectmn and police dept and fire dept they can all come. Police to protect our diggin, selectmn to tell us where to chop and the fire dept to wash it down afters. You guys better all come to the party and make right by Ms Davis, YA HEAR???
MO
How about just pile it on the Osborn property line and make the bag take it away cause that asphalt sure is Osborn property. We got fact straight. Osborn owns the asphalt and Osborn have a right to there property. Yup, they do.
An Summer Kalmer can do the cookin. ill chip in 25 cents for his cookin advice. Bad idear. He can dig. You got a shovel Kal?
Mo
I think Carol should keep the driveway and put up a toll booth.
Town builds the toll booth for Carol cause it's a civil matter between them and
godallmightyinheavenandJesusandMary.
Mo
Yes but if she sold the Osborns the land in question that would reduce her lot to a non conforming lot of less than an acre, which she then would have trouble selling, with TWO ROW's through it. And the Osborns never offered to buy the ROW, claiming that they OWNED it from the start, even though they could produce no document granting them ownership.
Lots of people have been driving thru and by her property for years. File a bunch of affidavits with the appeal and ask for a higher judgement. Witnesses can attest to the size and number of trees removed.
Do it while there's time.
I LOVE THE BLOG!! IT'S THE GREATEST THING IN ALL THE ENTIRE WORLD.
KEEP ON BLOGGING! FREEDOM OF SPEECH LIVES ON. ANYONE THAT SLANDERS THE BLOG OR ITS POSTERS HATES FREEDOM OF SPEECH. THAT MUST MEAN THEY HATE AMERICA.
LONG LIVE THE BLOG!
Now that makes sense !! I can't understand why those who blog here aren't as considerate of opinions and try to destroy the site . Yes, we have freedom of speech and it does give every one a right to express themselves with any given opinion. It seems to me the towns screwballs do have an agenda not in favor of its taxpayers and voters who in the end are the majority of any governing process. The nuts want it all for themselves and not for the majority and it results in constant belittlement of the majority bloggers. Their attempts of the towns political control is the problem . But then, silent or not on this site, they continue to be selfish and unrelenting. I ask this question-- would you use the death of any person to have a blog site destroyed? I'd have to venture a guess and say it is a matter of conscience and a failure of respectful family and religion up bringing that is the cause for their actions. Most in town go to their houses of worship but they aren't really listening to what is being said from the pulpit.
I agree. Where else can you have so much fun and entertainment at the expense of control freaks who hate information leaks? It's obvious it drives 'em nuts. All posts trying to discredit a blog are really funny. It's just a blog for cryin out loud.
Facts? We don't need no stinkin' facts! LOL
Torture on bloggers, torture on.
I found it equally disrespectful for a person to demand the site be boycotted, as for anyone who posted a negative comment at that time. I did not know the woman but the two issues should have never been connected, by anyone.
I think its time for absolute and finally a real consideration to vote out those who are a hindering the running of the town fairly and,yes, with their agendas. This isn't the old New Hampshire when certain people ran every town and city. Lets wake up and say good bye to them once and for all.
It is particularly fascinating the very weird non-public meeting our current selectmen had in their big black chairs with only two members of the conflict on interest committee.
(They were FORCED to do it to AVERT a disasterous ethical tsunami from hitting the town!)
Is that going by the rules? No. It is wrong because there was no quorum of CIC members but even worse, the other members had no clue it was going to happen or what it was about. The BOS violated the town ethics committee? Must of been one HELL of a "civil matter" to do THAT!
Then there all the right to know information not forked over by the town to the CIC for over a year AND COUNTING! Should be 5 days according to the law. A year? And the CIC is still ignored and left twisting in the wind waiting for legal RTK info?
There is nothing gone wrong in this town of Atkinson. The BOS does everything POSSIBLE to enforce the rules and the laws swiftly and make sure their employees do the same. And that's the truth.
Just a taxpayer's opinion
My opinion is the Selectman could defend their behavior involving the Atkinson CIC In the Eagle Tribune. What they did, didn't do and why. I want to read it, you know, the wiggle, wiggle, wiggle.
Opinion only
Knock, knock.
"Hey Carol darling,
Say you remember that driveway that I was told I could build over there? Well, I'm so very sorry the town made those bad, bad mistakes to you. They misled us both, you know. They took down your trees, because of their big mistakes. It wasn't me. It was them. But tell you what, if you give me the driveway I'll sponsor your family to a years membership at my golf club. Wait a minute, wait a minute, thats not going to work. We can't really socialize with your kibs....but I will use my influence to get you the right to use the driveway at my country club! And that's something!
You know, Carol, Carol, I could even throw in a few bucks to maintain our new driveway and that will take a load off your back, pal.
So, ok, tomorrow I'll start using my wonderful new driveway again and you get to use the driveway at my golf club. Isn't that that wonderful, my dear?
Oh and we will just chalk that 25K that nutty judge mentioned to a little misunderstanding on his part. So he got a little confused. Happens all the time, you know.
So welcome to the country club. I mean, you know, the driveway. You just have to be very careful, Carol, to wash your car and clean up before you drive on it, OK? We can't take any chances, now can we?
Whew, I'm so glad we got this all worked out. I and i just have to tattle this little bit of news to you. His lordship, Mr Shay plans to contribute to your land by another little driveway just for him. Carol, Carol, you are going to love it as it will be diagonal so you can come on over and visit me with a lot fewer steps. We expect you once every Halloween eve and we will give you some chewies. But one thing, because of the third ROW and Mr Shays sensitivities, you really should speak to the grandkids because Mr Shay has this issue about little kids with dirty faces where he can see them. So it is best if you paid for a wall so his eyes are not offended. You understand how it is. One of the better people and all.
Oh and before I forget, I thank you for taking a bath before I came over today. I was liquefied at first, you know, the smells are so strong over here. But I brought my Hermes hankie just in case If you forgot. my nose. It is so sensitive now, after the surgery and.........."
"Carol, my friend, I am just going to take a little picture of you now for my wall to go along with the audio of our new understanding. But I'll take out the part you said about ...... my grass and a shredder. We both know theres nothing about grass on my recording. Oh, for God's sake Carol, do watch your adjectives and stop crying. We are all Christians here. Carol, you really should go to church, well not to my church, it's far, far away. I didn't tell you the name did I? Just, you know there was a fire there and all last week and so...."
Hey Loser, who just posted, yeah you, who has finally lost more than a couple battles. What? Cant take the heat of everyone watching you? or laughing their asses off? You have to get Carols grandchildren involved in your rantics. I guess you were never a kid who plays in their grandmother's yard, yeah rolls around in dried dirt, unlike you, your kids can't even play outside otherwise they would get caught and you would be in trouble, so they have to hide behind windows that are blacked out, so as to pretent to play hide and seek, all day and nite. I am sure your kids are getting tired of that game too. Leave the kids out of it, they dont know whats going on. I guess your just mad, that you have to rant about her grandchildren, and bring Mr Shay into it too, throw him under the bus. I am sure he appreciates it. Go drink some more martini's, oh yeah and get in your car and drive so the Police wont tag you, cause their in your pocket. You guys are just great party parents that spend all their leisure at the country club, so you say.
I don't follow all this like some in town. I have a question. I thought the state has to approve a curb cut for a driveway on a state road and the town Planning Board has to approve a curb cut for a driveway on a town road. Who gave the Osborns permission to cut the curb to put in the driveway in the first place? Or is all this considered a mere formality now?
Sorry if this has been covered earlier.
Just an observation from one of Atkinson's unwashed.
The Davis family are very clean, respectful, decent people and the kindest people I know. They would give you the shirt off your back. They are wonderful people in my opinion.
I mean they would give you the shirt off their back. They help out people.
Mrs. Davis won and put up a chain at the top of the unwanted driveway. Now she has recieved a threatening letter for Osborn lawyer Mr. Cambell because they are angry they can't get things off their property and are threatening to take poor Mrs. Davis back to court! What is wrong with these people that they can't leave the Davis family aone? They are not going to get their way! Mrs. Davis is tired of all their BS and isn't going to back down!!!
I can say this kids have been playing outside for hundreds of years and if it bothers you then move i am not going to keep my kids pent up in the house all day with the blinds shut cuz it bothers you go get a life go to the country club and get drunk and then go pick your kids up and hide back in your house that you are illegally living in you coward how dare you bring kids in to this its on and its not a threat its a promise it's on!!!!!!!!
OMG, another suit to remove the chain that the Davis property owns and was won in court ruled by a judge. Osbornes you make yourself so much more guilty. I know your plan, keep the courts going wasting more time, because you don't want to abide by the C/O which would mean the Town has to come in and inspect your property, and you know measure the dwelling's size. Take your losses and abide and do what is needed to live in your house legally, not illegally. This isn't setting a good example for your kids. They must be tortured not being able to enjoy their property, or have friends over like kids should. Wake up and smell the coffee instead of the alcohol running your thinking.
Its not right this family goes on living in the house with no permit but the town does nothing. OMG, it is scary to live here. I worry about the children. There is no fire protection for that house. I am scared because it is permitted and allowed by our police and fire department and the people in the house are in danger. For Christs sake!
Yes, obviously the parents are not worried about the safety of their children. The police and fire could only react if something went wrong, and the response time probably takes a little longer than other Towns. The Osbornes are just playing Russian Roulette with this fact. We just saw on TV a newer home killed two in the house. Just because it is a new home doesn't mean it's safe. Our Town was never able to check on it and give occupancy for that reason. So all I can say is Bless them with Safety for the children's sake, can't imagine why someone would take chances like this, it is beyond me.
Carol Davis has been put through hell by the Osborn's. If they think an attorney letter will open up the driveway so they can get things out, they are GREATLY MISTAKEN!
Osborn's will be broke and rought in hell before that happens.
I am sorry but if the police fire department know children are living in building that doesn't have an occupancy permit. Then shame on them this is illegal. Children services should be called.
Everybody in town knows it.
Oh here's another avenue the Osbornes can take if something were to go wrong, blame the Town for not doing what they should have done in the first place. More wasteful spending or court time.
Osborn buildin and politic party ain't over fer Atkinson cause they is backed one end of town hall to thuther. Why be that? Dey loves dem an protects em. Why be that? Like goes to like so they say. Guess dey all sit around aliking each other. Gotta be why dey kin let em squat in that there mcmansion with no permits. Poor kids hiding out wid no safety. Yup, dem people arunnig dis Atkinson town shore does loves these folks. Must ta to looks the other way. But I haves a real hard time fergetting dey let dem stay and hide out with no right and its agins the law. Time to clean up the town shop top to bottom in my pinion. Cause who the bleeping bejesus can trust em now?
Can those calling for the immediate physical ouster of the Osborns please cite:
1. The enabling laws that would support immediate physical eviction;
2. What enforcement agency would carry out this action?
People seem to believe the Selectmen went down this long legal road, prevailed, but are now just asleep at the wheel. I have more faith in them and presume they are continuing to follow due process until physical (if necessary) eviction is legally sanctioned.
But I'm guessing physical eviction cannot occur until all legal appeals have been exhausted. If they go in there now like Nazi storm troopers, the town might become open to a cross-complaint.
Bring on the cross complaint. This will seperate the men from the boys. Osborn's are croocks and another lawsuit would be fine with the people of atkinson.
If any one that needs to be put in their place, it's the osborns.
mo
What's with all the fill at the top of 8 Valcat? Is Mrs. Davis going to put it back to its natural height?
Hmmm ...seems Mrs. Davis can improve her land and nobody can stop her now she owns the land. Bye bye wicked driveway.
Bye bye wicked Osborns.
Hey SELECTMEN, do you know where the Osborns are SLEEPING TONIGHT?
Thought not and the next question is WHY? Same question go to our PD and Fire Dept.!
You trying another COVER UP? Townspeople believe that is the case.
Ever wonder why people sue you?
Dah...................
Bye bye Leon
Good that Leon is protecting people in my town.
If it were not for Leon, the Osborns would be driving on that illegal driveway they built over land stolen from Mrs. Davis today. He had the testicular fortitude to stop these bullies and help protect the Davis family.
If it were not for Leon pressuring the town no fines would have ever got assessed against the Osborns. Leon hammered the BOS to do the right thing and they had no choice but to do their duty and fine Osborns for illegal occupancy.
If it were not for Leon the Davis family would have a property reduced in size that could not ever be sold.
If it were not for Leon's moral support the Davis family would not have sued the Osborns and get their stolen land back.
If it were not for Leon the ZBA and the town would have got away with helping violate Mrs. Davis land rights top to bottom. Stay tuned for the lawsuit that will set them reeling.
Thank God there are men and women like Leon in Atkinson willing to stand up to the bullies and lawbreakers.
Leon would go bye bye If our police, ZBA and BOS would simply protect the citizens in our town, treat everyone equally with no special favors and do their sworn duty under the law. Plus assess taxes on home owners equally and fairly and accurately with no special favors.
If they did those things there would be nothing for Leon to do but help his neighbor paint his house! Or fix their lawn mower.
Leon loves Atkinson,the people that live here,his friends and neighbors along with his family.
To bad the people that hold public office don't feel the same way.
Like Obama..........POWER has to rule their lives. They are the empty suits that want to run our lives.
Let's hope that Leon and people like him will run for office one day soon and purge the corruption once and for all.
You said:
"Leon would go bye bye If our police, ZBA and BOS would simply protect the citizens in our town, treat everyone equally with no special favors and do their sworn duty under the law. Plus assess taxes on home owners equally and fairly and accurately with no special favors."
Can you provide specific examples of whose property assessments suggest favoritism?
Vague charges are easy to write, but many here would like to see specific examples to judge whether the charges are to be believed.
Ask the selectmen to show you all the abatements since 2006. Read all of them and you will get your answer.
The nerd asking---show me the beef--just got hit with a cream pie in the face, yuk, yuk.
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