HP3000-L Archives

October 2008, Week 3

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
Matthew Perdue <[log in to unmask]>
Reply To:
Matthew Perdue <[log in to unmask]>
Date:
Tue, 21 Oct 2008 14:15:10 -0500
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Quoting Paul Raulerson (in part):

"These kinds of horror stories do not usually serve to help companies manage
risk better, they serve to inspire FUD. While true, they are not normal
situations, nor at least in this case, are they always situations that were
inevitable."

These kinds of stories serve to raise awareness, which is what I'm trying to
do. They are also examples of everyday things that can happen - plan for the
unplanned - not as obvious as some would think. I'm also working to promote
a service my team is providing, hence the "<plug>" at the start of the
subject line, in keeping with list etiquette.

"Ownership always conveys special rights. Sometimes you simply have to fight
harder for them."

I agree that these days it seems we have to fight to protect our rights more
often that we should, certainly more often than the founders of our republic
intended. Side note: for those that think we live in a democracy, if you
know your pledge of allegiance, remember the line "... and to the REPUBLIC
for which it stands"?

In your scenario of fighting for your company's rights by ownership of the
building, your company still would've had to meet with their attorney(s),
who would have had to prepare a petition (nee law suit) - file it, get on
the docket, notify the city's attorney who has time to respond to your
petition even in an "emergency petition" case and then have a hearing. All
of this in Travis County would be at least two days, if not three. Then if
the city's attorney felt the position of the public works department strong
enough, could file an emergency appeal to the Court of Appeals for the
proper venue. Then you're talking about several more days for briefs being
prepared and filed and oral argument before the appeals court (if you can
get oral argument - they don't do that often).

All in all, by the time your company's attorneys have gone through the
necessary steps, the work in the street has been completed, and you've
wasted tens of thousands of dollars of the company's money to no avail. Cost
vs. benefits....

In my experience, those "mean, nasty lawyers (eagles) who want to eat meat"
(paraphrasing your words) are always very, very expensive. Effective in time
perhaps, but very, very expensive.

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