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Post by NOTTHOR on Jan 28, 2019 20:22:00 GMT -6
Does Iowa have a fee shifting provision if you sue a municipality and win?
My mom had to redo her sidewalk because it was cracked. Some asshat drew a giant cock and balls on it while the concrete was wet. The cock and balls aren't more than 1/8th of an inch deep and it seems to otherwise be in compliance with the rules of the city as best as I can tell, but the fucking goons at the city must have a contract with Gambini Brothers Construction or some shit and are saying they're going to fix it in spring and bill her. She is justifiably pissed off. We have sent a letter to the city asking for things like them to comply with their ordinance and inquiring about procedural due process protections, but have heard nothing back. I am going to give them another week or so before I send another letter and was curious if you might have any thoughts on something like that. My guess is the boys down at the public works office ain't used to having people ask them questions.
Thx.
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Post by Stan's Field on Jan 28, 2019 20:45:08 GMT -6
Is this really that funny...ha
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Post by Presidential Immunity Cock on Jan 28, 2019 21:17:15 GMT -6
Well, time to get a chisel and carve a giant cock and balls on whomever in the city is pulling that shit. Then report him.
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Post by BrainFerentz4Prez on Jan 28, 2019 22:14:06 GMT -6
Does Iowa have a fee shifting provision if you sue a municipality and win? My mom had to redo her sidewalk because it was cracked. Some asshat drew a giant cock and balls on it while the concrete was wet. The cock and balls aren't more than 1/8th of an inch deep and it seems to otherwise be in compliance with the rules of the city as best as I can tell, but the fucking goons at the city must have a contract with Gambini Brothers Construction or some shit and are saying they're going to fix it in spring and bill her. She is justifiably pissed off. We have sent a letter to the city asking for things like them to comply with their ordinance and inquiring about procedural due process protections, but have heard nothing back. I am going to give them another week or so before I send another letter and was curious if you might have any thoughts on something like that. My guess is the boys down at the public works office ain't used to having people ask them questions. Thx. Pics or GTFO |
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Post by NOTTHOR on Jan 28, 2019 22:45:31 GMT -6
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Post by NOTTHOR on Jan 28, 2019 22:46:47 GMT -6
There is the pic. You'll need to click on it to make it bigger.
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Post by thunderhawk on Jan 28, 2019 22:58:53 GMT -6
Does Iowa have a fee shifting provision if you sue a municipality and win? My mom had to redo her sidewalk because it was cracked. Some asshat drew a giant cock and balls on it while the concrete was wet. The cock and balls aren't more than 1/8th of an inch deep and it seems to otherwise be in compliance with the rules of the city as best as I can tell, but the fucking goons at the city must have a contract with Gambini Brothers Construction or some shit and are saying they're going to fix it in spring and bill her. She is justifiably pissed off. We have sent a letter to the city asking for things like them to comply with their ordinance and inquiring about procedural due process protections, but have heard nothing back. I am going to give them another week or so before I send another letter and was curious if you might have any thoughts on something like that. My guess is the boys down at the public works office ain't used to having people ask them questions. Thx. If it's in compliance and she didn't vandalize it then why the fuck should she have to pay to remedy it? I'd tell those goons in no uncertain terms that if they want to eradicate the cock and the balls, they're gonna be on the hook for it. I don't know about any fee shifting provisions; in my experience since the sidewalk is basically an easement and the extent of the property owner's responsibility is safety, not aesthetics, then if the city is so bent about the fucking cock n balls, they can pay to remedy it. I dunno...I don't know of anything in IA Code section 670 that explicitly allows fee shifting. Maybe this case will provide some guidance: www.iowacourts.gov/media/documents/150852_77A8A99A30B8C.pdf |
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Post by thunderhawk on Jan 28, 2019 23:00:44 GMT -6
Why, that's just a rocket ship in the act of launching. |
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Post by BrainFerentz4Prez on Jan 28, 2019 23:01:26 GMT -6
There is the pic. You'll need to click on it to make it bigger. Hypothetically, would someone painting the dong a pink fleshy tone help or hurt your case against the city? Also that picture is of low quality (probably shot on an iPhone). Can I have the address so I can take a better look? |
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Post by socal on Jan 29, 2019 6:32:17 GMT -6
Good god.
30 minutes with a power sander or grinder will take care of this. Pretty sure even your dainty hands could handle 30 minutes of manual labor.
Is your time / harassment of broke-ass proleville seriously the optimal course here?
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Post by socal on Jan 29, 2019 6:57:00 GMT -6
Alternately, embrace the cock...  |
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Post by NOTTHOR on Jan 29, 2019 7:10:33 GMT -6
Good god. 30 minutes with a power sander or grinder will take care of this. Pretty sure even your dainty hands could handle 30 minutes of manual labor. Is your time / harassment of broke-ass proleville seriously the optimal course here? That is what she had proposed, but the city won't allow it. The guy who poured it was gonna grind it on a Saturday a few weeks after it happened, but the city had already inspected it and added it to their list and said even if it got ground out, they were going to replace it. Plus, they won't tell her how much it will be to replace it. |
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Post by NOTTHOR on Jan 29, 2019 7:53:29 GMT -6
I don't know about any fee shifting provisions; in my experience since the sidewalk is basically an easement and the extent of the property owner's responsibility is safety, not aesthetics, then if the city is so bent about the fucking cock n balls, they can pay to remedy it. Yeah, that coupled with the fact they won't let her grind the vandalism out just fucking stinks to high heaven. The city code is clearly focused on keeping the city from getting sued for an unsafe sidewalk and the examples of defective sidewalks in the documentation is all for shit like cracking, settling, holes, tilting, rising and surface destruction that basically turns the sidewalk into gravel. I had drafted a FOIA request that I was going to have my mom hand deliver at 4 PM on the Friday before Christmas Eve just to fuck with them (asking for, among other things, a list and photographic evidence, if any, of all sidewalks the city ordered repaired due to nothing other than writing in the cement), but I figured that would go over like a wet fart in church. |
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Post by Stan's Field on Jan 29, 2019 8:23:56 GMT -6
You'd have to grind more than just the one spot, not a quick fix as socalj suggests.
Plus fuck them for being unreasonable. You should sue them and shit. Sue their asses for being pricks about it.
Aren't you law slingers supposed to know the exact course of action here?
What they teaching in law school these days.
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Post by Ginger on Jan 29, 2019 8:24:38 GMT -6
So don’t we have a former ceement guy on this board that can tell you how to easily fix that? Seems like some kind of acid scrub should work to erase that or do what they do with bad tats and turn it into something else. Maybe the Microsoft paper clip guy?
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Post by NOTTHOR on Jan 29, 2019 8:51:36 GMT -6
You'd have to grind more than just the one spot, not a quick fix as socalj suggests. Plus fuck them for being unreasonable. You should sue them and shit. Sue their asses for being pricks about it. Aren't you law slingers supposed to know the exact course of action here? What they teaching in law school these days. First lesson in law school: Get paid. Corollary to that is that if you are a shitty company or governmental authority, you can avoid litigation by keeping the amount in controversy for your tort, breach of contract or breach of law below the threshold where it makes sense for one individual to bring a legal action because the legal action will cost more than the underlying issue. Hence, my question to thundah about whether Iowa has a fee shifting provision. I think my mom would win a declaratory judgment or injunction with 99certainty, but it would cost thousands of dollars to bring one. |
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Post by Stan's Field on Jan 29, 2019 20:26:34 GMT -6
Bring the noise.
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Post by egadsto on Jan 30, 2019 9:00:02 GMT -6
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Post by thunderhawk on Jan 30, 2019 9:18:40 GMT -6
You'd have to grind more than just the one spot, not a quick fix as socalj suggests. Plus fuck them for being unreasonable. You should sue them and shit. Sue their asses for being pricks about it. Aren't you law slingers supposed to know the exact course of action here? What they teaching in law school these days. They teach us that a legitimate cause of action must possess damages, unless said action is an injunction to estop the same |
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Post by Stan's Field on Jan 30, 2019 9:53:30 GMT -6
Sounds boring. Just start tearing things down.
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Post by Ginger on Mar 2, 2019 23:44:48 GMT -6
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