Longmont City Council will take up skydiving noise

[yoink 321]

Is that just to stop a recitation of all the complaints that have gone before?

[ryoder 1,590]

yoink

Is that just to stop a recitation of all the complaints that have gone before?

I'm guessing they just don't want to waste time listening have what they have already reviewed in the case documentation.

I couldn't find a clean copy of the CAR, but here is the redlined version with the last changes: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2015/2015(06)%20redlined.pdf

The reference to "28(j)" is outdated; It is now 28(i).

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[fencebuster 7]

What he said. The judges have read the briefs before the argument. They want new material.

Charlie Gittins, 540-327-2208
AFF-I, Sigma TI, IAD-I
MEI, CFI-I, Senior Rigger
Former DZO, Blue Ridge Skydiving Adventures

[ryoder 1,590]

In the CQS v MHS trial, it came out that one of the witnesses had set up a microphone->computer interface to auto-generate noise complaint emails based on any ambient sound that exceeded a threshold.

Here is an article about Heathrow complaints where someone auto-generated complaints using a different method:

In January last year the airport unearthed a scheme whereby campaigners were using automated software to generate complaints against the airport. Officials caught out the set-up when the two anti-Heathrow enthusiasts forgot to take into account the hour going back in October, and began complaining about flights that had not yet taken off or arrived.

Source: http://www.telegraph.co.uk/travel/news/half-of-heathrow-noise-complaints-made-by-just-10-people/

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[billvon 3,087]

Quote

In January last year the airport unearthed a scheme whereby campaigners were using automated software to generate complaints against the airport. Officials caught out the set-up when the two anti-Heathrow enthusiasts forgot to take into account the hour going back in October, and began complaining about flights that had not yet taken off or arrived.

Reminds me of a guy at a former company who always came in 90 minutes late; he claimed he had seasonal affective disorder, and it was a medical condition so we had to accommodate it.

Then one year he forgot to turn his clock back and came in almost on time for a while. We were very careful not to set any of the wall clocks back; it took him a week to figure it out.

Then he went back to having a medical condition and coming in late.

[irishrigger 32]

This Thread has gone very quit for a month now, is there any update on her appeal? or has this lady finally gone away nice and quiet or is that just wishful thinking?

[wolfriverjoe 1,523]

From a post up page:

ryoder

ursuant to the order of this court, Oral Argument in the above referenced case has been scheduled for:
December 13, 2016, 1:30 PM

2 weeks to the appeal hearing.

Then the Appeals Court Judges have to consider the arguments and issue an opinion.

The wheels of justice turn, but slowly.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[skyjumpenfool 2]

wolfriverjoe

From a post up page:

***ursuant to the order of this court, Oral Argument in the above referenced case has been scheduled for:
December 13, 2016, 1:30 PM

2 weeks to the appeal hearing.

Then the Appeals Court Judges have to consider the arguments and issue an opinion.

The wheels of justice turn, but slowly.

I think we should make December 14th "Jump For Gibby Day". Here's how it'd go...
We all spend the day jumping as many times as possible. Then, at the end of the day, all the money left in our pockets will get donated to the Gibby for President in 2020 fund.

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[nolhtairt 0]

skyjumpenfool

***From a post up page:

***ursuant to the order of this court, Oral Argument in the above referenced case has been scheduled for:
December 13, 2016, 1:30 PM

2 weeks to the appeal hearing.

Then the Appeals Court Judges have to consider the arguments and issue an opinion.

The wheels of justice turn, but slowly.

I think we should make December 14th "Jump For Gibby Day". Here's how it'd go...
We all spend the day jumping as many times as possible. Then, at the end of the day, all the money left in our pockets will get donated to the Gibby for President in 2020 fund.

I would just donate it to Gibby's moving fund. Only way she can use the money is to sell her house and move away from the airport.

[jumpsalot-2 3]

Maybe she can move next to a dump next ..... or a dog kennel.

Life is short ... jump often.

[TheTron 0]

The oral arguments for the appeal happened today. Here's 2 articles from the Longmont Times-Call this week:

http://www.timescall.com/longmont-local-news/ci_30653916/citizens-quiet-skies-appeal-be-heard-by-appellate

http://www.timescall.com/longmont-local-news/ci_30657616/mile-hi-attorney-longmont-skydiving-noise-suit-is

I do think that Karen has misquoted Kim's attorney, as I heard him say "it's a public interest case," and not "it's a public case" as she reports it. I suppose the transcripts will reflect what he actually said.

All in all, it was a brief proceeding, and from my biased view things went well for MHSC.

PLEASE consider donating to the Airport Access and Defense Fund next time that you renew your USPA membership. Your home DZ could be the next target of a person like Kim Gibbs...

[stratostar 5]

Dang I went to Mile High Skydiving and all I got was bumper sticker.... "I love airplane noise".

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[jumpsalot-2 3]

Life is short ... jump often.

[ryoder 1,590]

Well, I just stumbled across something that surprised the hell out of me:
The state appellate court put the video of the appeal on Youtube!

Note: There is 22:07 of "Please Stand By - Broadcast will begin shortly" at the front of the video, so I have set this to begin at 22:07:

https://www.youtube.com/watch?v=Qaqgefh-g40&t=22m7s

There are apparently 3 unrelated cases on this video, but the first one (15CA1159) is the CQS case.

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[gunsmokex 1]

Definitely a division in the quality of lawyers there.

[kallend 2,114]

ryoder

Well, I just stumbled across something that surprised the hell out of me:
The state appellate court put the video of the appeal on Youtube!

Note: There is 22:07 of "Please Stand By - Broadcast will begin shortly" at the front of the video, so I have set this to begin at 22:07:

https://www.youtube.com/watch?v=Qaqgefh-g40&t=22m7s

There are apparently 3 unrelated cases on this video, but the first one (15CA1159) is the CQS case.

Fascinating.

...

The only sure way to survive a canopy collision is not to have one.

[skyjumpenfool 2]

The female judge stated at the end... "Our decision will be rendered in due course". Does this mean another few years or will this happen sooner than later?

I guess my real question is, how soon does the Wicked Witch of Longmont have to Pay up and Shut up?

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[wolfriverjoe 1,523]

skyjumpenfool

The female judge stated at the end... "Our decision will be rendered in due course". Does this mean another few years or will this happen sooner than later?

I guess my real question is, how soon does the Wicked Witch of Longmont have to Pay up and Shut up?

Well, as with any legal question, the best answer is:

It depends.

However, I'm going to guess "sooner" is probably a good guess. Weeks rather than months.

There are a number of appeal points, but as far as I can tell, none are all that complex or ambiguous.
The judges have to meet, decide, assign a "writer", have that one write up the opinion, review and revise it and sign off on it.

And don't forget, the plaintiff already "paid up." She had to post a bond for the judgement amount in order for the appeal to go forward. Mile-Hi hasn't seen it yet, but it's sitting waiting.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[dpreguy 14]

If she is unsuccessful on ALL appeal issues. Does not prevail on ANY of them...NO REMANDS to the District Court Judge for reconsideration on ANY point; a claim for atty fees, prep fees etc can be made. Proceeding to appeal on a case with NO MERIT can bring repercussions. Outcome of such a claim is not certain, but a claim can be made.

In such a claim, Appeals court balances the NO MERIT claim for fees and costs against the "chilling effect" it may have on appeals in general. However, appealing for exercise and vexation (appeal just because you can) is not favored either. Let's see.

[JerryBaumchen 1,451]

Hi fool,

Quote

Does this mean another few years or will this happen sooner than later?

Based upon some very limited personal experience, most courts have a time-frame in which they must render a decision. If they do not meet that criteria, then they do not get paid.

Jerry Baumchen

[obelixtim 150]

dpreguy

If she is unsuccessful on ALL appeal issues. Does not prevail on ANY of them...NO REMANDS to the District Court Judge for reconsideration on ANY point; a claim for atty fees, prep fees etc can be made. Proceeding to appeal on a case with NO MERIT can bring repercussions. Outcome of such a claim is not certain, but a claim can be made.

In such a claim, Appeals court balances the NO MERIT claim for fees and costs against the "chilling effect" it may have on appeals in general. However, appealing for exercise and vexation (appeal just because you can) is not favored either. Let's see.

She might finally realise the true meaning of the old adage:

"When you are in a hole, first thing to do, is stop digging".

My computer beat me at chess, It was no match for me at kickboxing....

[skyjumpenfool 2]

obelixtim

She might finally realise the true meaning of the old adage:

"When you are in a hole, first thing to do, is stop digging".

No... Gibbs has no clue how foolish she is. She doesn't understand what a complete idiot she has shown herself to be. She will find a new avenue for her fight, regardless what the court says. In fact, my guess is she rushes out to buy a bigger shovel!!

Birdshit & Fools Productions

"Son, only two things fall from the sky."

[stratostar 5]

skyjumpenfool

***

She might finally realise the true meaning of the old adage:

"When you are in a hole, first thing to do, is stop digging".

No... Gibbs has no clue how foolish she is. She doesn't understand what a complete idiot she has shown herself to be. She will find a new avenue for her fight, regardless what the court says. In fact, my guess is she rushes out to buy a bigger shovel!! 352 excavator


http://www.cat.com/en_US/products/new/equipment/excavators/large-excavators/1000004080.html

There fixed it for ya!

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[ryoder 1,590]

skyjumpenfool

***

She might finally realise the true meaning of the old adage:

"When you are in a hole, first thing to do, is stop digging".

No... Gibbs has no clue how foolish she is. She doesn't understand what a complete idiot she has shown herself to be. She will find a new avenue for her fight, regardless what the court says. In fact, my guess is she rushes out to buy a bigger shovel!!

$100 says she is already asking her attorneys about how to appeal to SCOTUS.
There are times I feel sorry for Weiner & Osofsky;
It must be a PITA having a fruitloop for a client.

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[LloydDobbler 2]

ryoder

******

She might finally realise the true meaning of the old adage:

"When you are in a hole, first thing to do, is stop digging".

No... Gibbs has no clue how foolish she is. She doesn't understand what a complete idiot she has shown herself to be. She will find a new avenue for her fight, regardless what the court says. In fact, my guess is she rushes out to buy a bigger shovel!!


$100 says she is already asking her attorneys about how to appeal to SCOTUS.
There are times I feel sorry for Weiner & Osofsky;
It must be a PITA having a fruitloop for a client.

...but fairly profitable (so long as they get the money up front).

Signatures are the new black.