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Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
- ----- Original Message -----
From: <jdent1_@_optonline.net>
Subject: Re: (rshsdepot) ATSF Seligman, AZ Harvey House demolition
> Just a few weeks ago the award was upheld, see:
> http://www.paed.uscourts.gov/documents/opinions/08D0377P.pdf
>
> I agree Seth, that it is a different issue, but if a teenager can win a
> case, after climbing atop railroad equipment, he could forseeably win a
> case after entering abandoned property (building) and then injuring
> himself (from such things as a stair collapse or floor collapse).
>>>Jim is correct, but I add two comments for the consideration of all.
First, I am certain that the award will be appealed, although the lack of
constructive notice--HUGE No Trespassing signs all over the place--will not
sit well with the appeals court although I still believe they will reduce
the verdict substantially,
Second, though, Jim, I would imagine that the building in Seligman DOES have
many No Trespassing signs around it as well as the fence, hence there is a
difference.
The point, however, is that the railroad is being taxed on a building which
they have no use for; they have offered to give it to somebody if it can be
moved; the area's interested parties have, apparently, done nothing other
than wring their hands and bemoan the building's fate when they could have
organized, gotten grants, gotten donations, gotten help from the state and
NOT tried to move the building intact but, rather, cut it into sections and
moved it that way. There are numerous precedents.
All the best.
Seth
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