Torts, Trespass and Distress

Code Administration

"Legal Aspects of Code Administration; ICC; International Code Council Inc., Copyright 2002.

The Rule of Law" - Copyright 2009, The Public Policy Foundation of West Virginia.

Intentional Torts:

"Tortuous or wrongful conduct can be either intentional or negligent. Intentional torts, as the name implies, involves conduct that the actor intended to occur. Negligence, on the other hand involves conduct that was not intended to cause harm or injury, but nonetheless did so and also breached some duty of care imposed by the law. A person may be liable for an injury if he or she doesn't not act with the same level of level of care a reasonable person would use under similar circumstances."...In some situations, it is not very easy to determine whether certain conduct is intentional or negligent, to some extent all actions are intentional. The relevant question focuses on whether the result were intended..." Page 91

In this case: The Developer intentionally bulldozed fill far Beyond The Edge of their property line, pushing the fill against, and then up a Generational Landowner's Locust Post Grid Fence Line. An excerpt from a 2003 Meeting: "I forwarded Rich Lane's observation to the Bridgeport City Planner Randy Spellman. Randy informed me that he tried to stop Platinum Properties twice. They would not stop. He then contacted the City of Bridgeport's attorney. Whereas, he was informed that it was a landowner's issue".

A Generational Landowner's Locust Post Grid Fence Line was centrally integrated into a developmental endeavor. Said Fence Line laterally supported: 1). A Rear Lot & Parking Area. 2). Two Buildings. 3). A host of Underground Buried Utilities, some estremelty Dangerous. So, it was never a "Landowner's Issue".
All Existed in a Public Use Setting. An area termed Criminal Constructs by the Long Visiting Prominent. So, Not a Landowner's Issue.
Platinum Properties did not hold the City of Bridgeport or Thrasher Engineering Accountable. The only movements were Rezoning Requests from Rich Lane on behalf of Platinum Properties. Expedited through by an Attorney / Member of the City of Bridgeport.
Law Firm Jackson and Kelly never followed through on their 2005 Agreement to correct of 109 and 113 Platinum Drive. The sheer existence of said was 2005 Agreement was acknowledgement that all knew they had structural problems.
109 and 113 Platinum Drive Suffered Structural Upheavals.

Nevertheless; The fact that Platinum Properties was warned and did not stop is self explanatory. Platinum Properties not only crossed the property line, they moved far beyond it and then onto our fence line, (a monumental marker). A fence line that was againintegrated into the development's structural lateral support.

Trespass

"Liability under this theory may attach when a person intentionally enters on land under the possession of another.

"Furthermore, damages will be incurred if trespass is intentional. .... Once trespass is established, the defendant is liable for virtually all consequences of the trespass, regardless of how unpredictable they may be. The fact the defendant acted reasonable and in good faith is not a defense. ........" Page 100

2007: Mr. Ray Henderson, (Consulting Engineer), wanted to know why Platinum Properties removed the trees and by whose authority was the adding of more weight over an active slip area. He stated that the initial agreement of 2005, or any other correspondence since, was of no consequence, as all were based on getting the area corrected before a landslide occurred. Now that it occurred they had no license and could be in trespass. We need to get an injunction to stop the work until Platinum Properties Engineer's Plans could be reviewed.

(Images below are not of the original 2003 trespas, but are 2007's.

Intentional Infliction of Emotional Distress

The above mentioned legal aspects of Intentional Tort and Trespass brings us the third: Intentional Infliction of Emotional Distress:

"This tort may be broadly defined as the intentional or reckless infliction by extreme and outrageous conduct of severe emotional or mental distress. This claim will be sustained even in the absence of physical harm ... The complained-of activity must be: ... so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly in�tolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, "Outrageous!" Page 99

In 2007; A West Virginia enamored and prominent European's shock and disbelief. How can such corrective constructive repairs have been allowed? Yet alone the original construction? He spoke very little afterwards, as he understood�why I skirted the issue when suggestions of bringing some of his business colleagues to visit our State.

The Rule Of Law

The rule of law makes economic life more predictable and helps to promote prosperity and rising living standards. Economic growth ultimately boils down to ordinary people making sound future-oriented decisions on everyday matters. For this process to work, people need good incentive structures and a reasonably predictable economic climate. Thus, it is the rightful place of the law to set the rules of the game and make economic life more predictable by protecting the security or rights to property and contract. By doing so, the legal system sets the right implicit prices for people to channel their own self-interested decisions into benefits for society. If we set good rules, people will have the right incentives to promote economic growth.

However, the law should not reward opportunistic behavior or set too low an implicit price on violating people's property and contract rights. When the objective of a state's legal System wrongly becomes to redistribute wealth, or change the winners and losers after the fact, this will distort people's incentives and create an environment where people cannot readily predict whether they will enjoy the benefits of their own good decisions. This severs ties between the rule of law and economic growth. By ensuring sound and stable legal; institutions, West Virginians will have the right incentives and a predictable environment for making the kinds of everyday decisions that lead to economic growth and a more prosperous West Virginia into the future.

MEASURING THE RULE OF LAW

What are the basic legal principles that embody the rule of law, and are these principles amenable to empirical measurement? The American Bar Association breaks down the rule of law into four attributes:

The Government and its officials and agents are accountable under the Law.
The Laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property.
The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.
The laws are upheld, and access to justice is provided, by competent, independent, and ethical law enforcement officials, attorneys or representatives, and judges who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

Summary

Prior to the 2005 agreement, Platinum Properties developmental processes had already caused damage. Platinum Properties and Cincinnati Insurance Company had acknowledged this open and notorious fact and agreed to correct the area per the 2005 Agreement. However, everything was done to avoid correction. Subsequent liabilities for their soon all encompassing drainage damages from said refusal were never acknowledged.

So, entities may attempt to inform citizens that the Rule Of Law exists. If such were true, all three of the above mentioned legal aspects would apply to our situation. Law, or any bearing close resemblance do not exist and are not profitable for an attorney, financially or morally to entertain. That is if he or she wants to live, yet keep practicing in West Virginia.