Posted by ScottyHOMEy on December 13, 2009 at 09:36:58 from (64.222.248.236):
In Reply to: Yo jdemaris posted by John T on December 13, 2009 at 08:53:25:
Chiming in late, too.
To John's point about the "no harm - no foul" contention, that, unfortunately, is probably right, in that there was no adverse decision because there wasn't even a hearing. I don't know to what extent these courts (like this tribunal)assess costs, but I'd be amazed, fair or not, if they covered the cost of you or your in-laws getting there for the hearing. If you had lawyer representing you and bhe billed his time for the non-hearing, then perhaps, but still doubtful.
2) The late notice of the cancellation was pretty shoddy, but it would surprise me, fair or not, on this one, too, if you had any recourse. The statutory requirements for advance notice of a proceeding and the penalties for failure to provide adequate notice are for the proceedings. In this case, they didn't take place. Unless the statutes impose a penalty for cancellations (doubtful) there probably isn't much to do about it. Yes, it's shoddy, and the dates in this instance indicate a clear lack of professionalism. But, in reality, all kinds of court proceedings are delayed and rescheduled with short notice all the time, whether for practical (the judge's wife died, the courthouse burned down) or procedural (one party is granted a motion to extend) reasons. There likely isn't any penalty for moving the date back. If they had, on the other hand, moved to an earlier date on short notice, that would be a different matter.
3) Rick's idea about a lawyer is a good one. It's a cost outlay, I know, but the cost of having someone there representing you who can't be trifled with will be less than the long term reduction in the taxes.
4) The relationship of the lawyers as they advocate for opposing parties is not an issue. They do it all the time, and nobody gets their noses out of joint about it. They'll go out for a three martini lunch together after one of them wins against the other. If you hire a reputable local lawyer who practices in real-estate and zoning, you'll get your money's worth. I expect they'll be less apt to jerk him around than you, if that's what they're doing.
5) It's the three-martini lunches these guys have that make for the kind of problem JohnT talks about in trying to have a judge or lawyer disciplined. Very few of them are at all willing to have any part of that business. They are viewed as rats in the same way that Internal Affairs in a lot of police departments are, and they don't want to risk losing and then having another case in their practice come up against a judge or attorney against whom they had advocated charges.
I had that problem in Cleveland. We had an old lawyer about town, retired from my employer. He wouldn't retire and kept meddling. Three times we caught him representing himself to clients as if he still represented us, and it made for a royal mess, and cost us significant revenue. For all the high-powered law firms around town, we couldn't find anybody to press charges. Why? Because his daughter sat on the state court of appeals, and nobody wanted to be seen advocating for us in the case with their or their firm's names involved. Sad, but that's the way it is.
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