Remarks by Michael Lynott, Esq.
55 remarks on the record, newest first · Page 1 of 3
I'm kind of interested in, can you guys hear me? Yes. I'm kind of interested in the discussion that you had with this guy, John, you said his name was?
Irrespective of that, he made a representation to you that you were responsible for. He measured off five feet. Yes. Hold on. I have to say my whole statement before you speak.
So he told you that he marked off five feet and said you're responsible for five feet going forward into your property, and that's your responsibility.
As a consequence, you made a deal with the contractor to clean up the area that was five feet in that he marked off with the tree that fell and paid the contractor for what was the debris that fell from the tree five feet in on your property.
And there was still obviously more tree that was in the road, right?
Yeah, I understand that. But what I'm getting hung up on is there was a representation made to the homeowner. Did he make any representation to you about what was going on? Who was responsible for what's out in the streets?
So your hang-up is that if I would have known, this is you saying I, if I would have known that I was responsible for the whole thing, I would have negotiated another deal with Joe, the contractor.
So you would have given the homeowner the opportunity, even though it was in the public roadway, to do something about it?
Well, that's what I'm getting hung up on. What is it that we have to say about the alleged misrepresentation?
So let me ask you something. Have you determined by virtue of what you've testified to as a misrepresentation about the difference between the amount that you're getting charged now and the amount that it would have been?
And you paid the $7,000? And the five hours that you're talking about, Doreen, that was five hours of who, the police out there?
I mean, I empathize with you, but the bottom line is that you know that with regard to if a tree falls down in your neighbor's yard or in a public right-of-way, that was your tree, and there's a responsibility for that. It sounds like your beef is between $200 and $400 in the grand scheme of things, between $1,000 and $1,200, aside from the personality, misrepresentations, and all that. But if you get down to the numbers, That's a number that was incurred by the city, and you were not charged for the time that the police were out there directing traffic.
This is 6.4, you said? So this was adjudicated back in 2019?
Okay, so it's just been accumulating daily fines?
I mean, is a part of it not getting permits? And double fees?
Because that's something that you would come down and you would have conversations with. You can get it. You can't. You pay the double fee. You come for an abatement or a dispensation on the fee. But none of that has happened, right?
Okay, so you gave him options how long ago?
Yeah. And have any of those options been moved on?
But now, that's what I'm actually focused on, because with regard to that, he did it without a permit, right?
It's hard to hear you, Cheney. That's my guy.
You said that you hired a contractor and he applied or you applied for a permit last night?
And the permit has been paid for for the double fee and all that stuff?
But he did everything to get it there. OK.
I've been in the village for a few times, but I haven't been in communication with Doreen.
I'm saying that you did that. If you didn't pay the money, it was approved, but then you didn't do anything about it.