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#1
10/24/2005, 10:02 PM
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Our Dive Club has been threatened with a Lawsuit under RICO
This is no Joke, our E-mail has been down (forgot to setup the account on my new PC) so Ijust recd this tonite. I have been forwarding this to every diver & Dive magazine & Dive related site/club that I know:
Hi, Our Dive club received this from a resident in Northern Massachusetts, just wondering if PADI had any comments? -------------------------------------------------------------------------------- Sent: Saturday, June 25, 2005 7:10 PM To: massbaydivers@comcast.net; massbaydivers@adelphia.net Subject: Magnolia Rocks To The President of Mass Bay Divers: The Mass Bay Dive Club's intrusion onto our private property on June 19, 2005 was unacceptable. Your response to our request that you leave was even more unacceptable. Even though you were warned that your club was trespassing on private property and I summoned the police for help, I did not press charges. I strongly urge your club to cancel its planned trips to our private property at Magnolia Rocks on July 2, 2005 and October 16, 2005. If you trespass on our property again, I will call the police as I did last time. But this time I will press charges for criminal trespass under Massachusetts General Laws - Chapter 266, Section 120. I fully expect you to remove the listing on your web site encouraging others (your members and web site visitors) to trespass on our private property on July 2 and October 16, 2005. If you fail to do so, I will consider filing charges under the RICO statutes for conspiracy to commit criminal acts. I do not want a confrontation and ask that you respect our privacy and property rights but will press charges should you engage in further criminal activity. Last edited by beerguy; 10/25/2005 at 08:52 AM. |
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#2
10/24/2005, 10:05 PM
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Hmmmph, who peed in his wheaties???
TheBimbo... 
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i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#5
10/24/2005, 10:07 PM
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Bummer dude.. I would think you should remove his name and number and addy from that though.. Jerk yes but don't go to his level... Good luck...
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If it's the Psychic Network why do they need a phone number? Robin Williams |
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#6
10/24/2005, 10:09 PM
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Quote:
You've never heard this??? I've been saying it for years...  ...Hmmm, Magnolia, Ma... Wonder if he knows Sugar ??? TheBimbo... 
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i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#7
10/24/2005, 10:10 PM
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Yeah I'd have to agree...  TheBimbo...
__________________
i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#8
10/24/2005, 10:14 PM
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Huh?
 I take it you guys never dived on their property? Seems like a fairly clear and thoughtful warning otherwise. Also, RICO is not a lawsuit. It is a Federal Crime. We're talking about serious prison time with a conviction under the RICO statute. Although, I doubt that trespassing would qualify in any way, shape or form for the RICO statute.
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I drank some fish food but is OK cause it tasted GOOD ~ vr697getta The little men that live behind my eyes and scream into my brain told me to tell you hi. |
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#9
10/24/2005, 10:15 PM
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It's a public street that leads to the water. They put up Private Property signs. The other neighbors AND the Police made them take them down
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#10
10/24/2005, 10:16 PM
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Quote:
__________________
I drank some fish food but is OK cause it tasted GOOD ~ vr697getta The little men that live behind my eyes and scream into my brain told me to tell you hi. |
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#11
10/24/2005, 10:19 PM
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Then it's not a valid or legitimate threat... What are they trying to hide or keep to themselves, some huge lobsters or someting??? I'd say it's sort of a slanderous type of thing towards your diving group... ... I'd definately want it explained though... TheBimbo...
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i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#12
10/24/2005, 10:19 PM
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As far as I know - No problem, but since we didn't know about this E-mail - I've sent to to the Officers of the club, The local Dive shops, Bay State Council of Divers - who go to Court & fight people like this to keep the seashore access open
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#13
10/25/2005, 06:38 AM
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If it is a public right of way (street) as deemed by the city of Magnolia then a private citizen has *no legal right* to post "no trespassing" signs on the public right of way unless the city has vacated the street/sidewalk to the citizen(s) in that area.
I would forward the e-mail on to the local authorities and file a harassment report.
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"I'm not closed minded. You're just wrong!" - Bucky Katt "If the women don't find you handsome, they should at least find you handy." - Red Green |
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#14
10/25/2005, 07:49 AM
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I think I'd do the dives as planned and ask for the police to accompany you to the dive site. I'm not sure how this guy thinks walking across property he thinks is his has anything to do with racketeering.
Is the property actually his? Is there an easement granting public access? I would think the worst case if he was in his rights would be a misdemeanor trespassing charge... |
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#15
10/25/2005, 08:14 AM
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I was on a scuba website & other divers have had "problems". They have very right to keep people off of their private property
We'll have to look into it, I have only been to this dive site 1-2 times in 6 years I guess when you own a house for 2 mil you get a little upset about a bunch of clowns in rubber suits playing in you area
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#16
10/25/2005, 08:53 AM
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Sorry, but I can't allow you to post his personal information without his permission. You'd expect the same consideration.
--beerguy
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Doug - v2.0.4 Nuclear winter solves global warming. |
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#17
10/25/2005, 09:06 AM
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Have you forwared this email to the local police in that district, to get their position on this? It's the police you need to worry about, not the person who sent the email.
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To err is human. To really mess things up, you need a computer. |
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#18
10/25/2005, 11:34 AM
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Quote:
How does trespassing fall under the RICO statute? I guess he was hoping Scuba_Dave was stupid enough to be scared by the threat.
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I drank some fish food but is OK cause it tasted GOOD ~ vr697getta The little men that live behind my eyes and scream into my brain told me to tell you hi. |
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#19
10/25/2005, 12:09 PM
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Hmmmph... He better not think that our Scuba_Dave is stupid!!! I'll open up a can on him ...TheBimbo ...
__________________
i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#20
10/25/2005, 12:40 PM
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I had a problem with people like this a few years back... See they own some property that extends pretty much all the way to the water.. but not into it... They have a great dive site right infront of there house but it a little hard to get to... Sooo I looked up the laws and found that there property extend to the water line of mean high high tide... That is the average of the higest tides of the year.. I only dive this site at low tide anyway... So everytime now, they call the police.. I show the police a print out of the laws and the site map.. and I get to do whatever I want on the rocks infront of there house.... man does it make them angry... But it is fun...
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Nerds with Guns? Fish with Guns! Kimber 1911-Dosen't get any better "If you don't test for it, DON'T ADD IT!!!!" "Always strive for the optimum environment, not the minimum environment" -BrianD- |
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#21
10/25/2005, 12:48 PM
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Thanks Beerguy - I meant to get rid of that, but I was busy sending E-mails last night
Yeah, I have to admit...I was scared Scared I was going to pee my pants I was laughing so much RICO.................. suave |
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#22
10/25/2005, 01:03 PM
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Quote:
 cute...TheBimbo...
__________________
i look damn good in it too, i'll have you know- Nina... Look at all those forced smiles. They probably all hate each other!- Debi... She can kick all their butts and can write her name in the snow in cursive!- CRP... so...what are you wearing...? panties...? lace panties...? that's what I'm wearing - ScubaDave and the telemarketer... Life can be short, just like me... Live it to the fullest!!! Family is always there for you NO matter what, just like a "true friend" would be... A cheat is a cheat, and are always busted... |
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#23
10/25/2005, 03:14 PM
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I suggest you contact the homeowner and explain to them that they have zero legal rights to ownership of the shoreline and explain to them that you have contacted your lawyer and if necessary you will file a lawsuit under the statute § 6010 of the Bill of Rights...
2 can play at the non-sequetor law reference game...
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Give me your tired, your poor, Your huddled masses yearning to breath free. The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me. |
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#24
10/25/2005, 03:24 PM
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I've dealt w/ the same stuff birding and flyfishing...
I just stay below mean high tide and let them yell... it stinks that you have to affirmatively exert your rights... My experience w/ Law Enforcement guys is that they know exactly what is legal and isn't... especially because of the many defenses waterfowl hunters have had to mount over the years around here.... |
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#25
10/25/2005, 03:48 PM
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Go to the county assesors website, or the courthouse if it's not on the website, to check out the plat maps. It'll show where his property line ends and if there's public land between his lot and the neighbors lot. If there isn't you can still check the deed for easments. Be sure to read the easments and confirm your activity is allowed.
I bought a house where the neighbors used my back yard as a driveway. They claimed it was legal because of an easment on my property. There was an easement but it only specified utility maintenance. The guy stopped driving through my backyard, and he stopped talking to me too .
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Less technology , more biology . |
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