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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11794
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I filed for a restraining/permanent injunction in 2010 against

Customer Question

I filed for a restraining/permanent injunction in 2010 against trespassers entering/bulldozing my property, saying they were 'taking' my property, violence, strong arming, etc. (these are strangers). The judge placed a 'status quo' on my property and stated that there could be no bulldozing of my property. I thought that the 'status quo' on my property meant that I owned my property and I had the right to exclude trespassers. I also thought that the 'no bulldozing' meant that the trespassers could not bulldoze my property. The Judge granted me a permanent injunction in 2010, but the judge will not issue the order. (the Judge's order is in the transcript, in which I have) I want to develop my property which requires bulldozing, --I sent a Writ of Mandamus to the Appeals Court to compel the judge to issue me a written order and the Appeals Ct sent my Writ back stating 'refused' without prejudice on appeal for the final order from the Judge. This is a 'restraining order'/permanent injunction against 'strangers' that never had any rights to begin with. There was no mistake with these 'trespassers' --these trespassers have committed very serious acts of violence against me on my own property, the trespassers attacked and beat me and my disabled husband on our own property and broke our bones. The Judge refused to hear my motion for emergency protection and refuses to refer to the prosecuting attorney. --I filed a motion to recuse the Judge and the Supreme Ct. agreed and administratively assigned another judge from another district. ---- It has been 3 yrs and I have waited patiently, --I want to develop my land that I've owned for over 54 yrs. Will I be in contempt of Court if I bulldoze my property? --Please do not tell me to hire an attorney. I have tried and so far there is not one attorney anywhere around that will touch this matter. I absolutely must start to develop, my grandchildren need a place to live.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Dear Customer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am so sorry to hear of the unfortunate situation you are in with these strangers,

 

Please number your Answers to correspond with the questions below, Thank you

 

1. Did you name all the individuals that were bulldozing your property as Defendants in your lawsuit ?

 

 

2. Were they claiming title to parts of your property ?

 

 

3. Why were they bulldozing your property ?

 

 

4. Did you submit a proposed Order for the new Judge's signature that conformed with the decision reached by the first Judge ?

 

Customer: replied 1 year ago.

Andrea, I responded already but don't know if my response went through to you.

 

1. Yes, all the trespassers were named.

2. Yes, trespassers stated they had an easement across my property.

3. they said " we are 'taking' your property and there is nothing you can do about it."

4. Yes, the Final Order submitted to the Judge conformed with the verbal order in Court. (per the transcript)

note: the defense attorney submitted an exparte communication to the Judge under 'certificate of service' and stated he was submitting the defendants perspective to the Judge, BUT was not filing the documents in the case AND was not sending me copies. Note: I have no way of knowing 'what' the defense atty sent to the Judge.

The trial is over, witnesses testified and the judge ruled granting me Permanent Injunction on Sept. 27. 2010, ---- so far, the defense attorney has filed a Writ of Mandamus (in efforts to appeal the Judge's Order) the Supreme Ct. REFUSED the defendants ===== then the defense attorney filed a Lis Pendens (knowing, that the Judge had granted Permanent Injunctive Relief. Note: defendant own expert witness (surveyor) stated there is NO easement on my property, BUT defense counsel proceeds and files a POST TRIAL Motion for Summary Judgment in which the Judge allows to be set on the Court docket. --- I of course responded and the Judge stated that the matter before the court was injunction and could not turn injunction into civil case. Then defense attorney submits an Order to the Judge (that the Judge signed) stating that there is easement on my property. Which of Course I file an objection. --Then defense atty files another post trial Motion for Summary Judgment in which the Judge allows to be on calendar --- I filed a Motion to Recuse and Supreme Ct. agreed and assigned a judge from another County. ---- I submitted my final order to the new Judge BUT according to the Judge's clerk/secretary ---- the case is very large and will just sit on the Judge's desk until (I guess forever) WHICH leaves me NOT being able to do anything to my property. (Now how right is that?) ----- Why is a simple restraining/injunctive order against trespassers so difficult to obtain? The trespassers have admitted to NO ownership of my property. I have 27 acres of property and 'supposedly' I am unable to do anything with my property WHEN the trespassers have admitted to their crimes against me, beat and broke our bones, YET I am not allowed to use, enjoy, develop or NOTHING. Thre criminals are being rewarded for their crimes ----- this is against the law. My property appears to have been taken for the benefit of criminals.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Edra, Thank you for your additional information which I just received. No, I did not receive anything else you might have sent.

 

1. Please clarify the following:

 

I had asked you in Question No. 2, above, "Were they claiming title to parts of your property ? To which you answered, "2. Yes, trespassers stated they had an easement across my property.

 

However, towards the end of your reply, you stated,

 

"The trespassers have admitted to NO ownership of my property.........."

 

 

2. When you originally purchased your property, did you buy title insurance ?

 

 

Thank you,

 

 

ANDREA

 

 

 

Customer: replied 1 year ago.
In answer to your question: I have owned my property for 54 years and prior to my ownership my great grandparents were the owners. The property has been in the family for over a 100 years. (There has never been an easement on our property. My surveyor confirmed that fact --- the defendants surveyor tesified to that fact.) The trespassers have never had ownership to my property AND the trespassers at the time of the trespass NEVER owned any property. The trespassers were the hired 'thugs of the person that owns the property next door. (The trespassers testified in Court and told the Judge they (trespassers) entered/bulldozed and continued to enter/bulldoze my property at the behest of the adjoining neighbor. The trespassers testified while on the stand that my property belonged to them, then the trespassers testified that my property belonged to me.) ---- These trespassers did NOT just trespass/destroy/bulldoze/remove $15,000 worth of fencing, tear down a building, beat us up, file false criminal complaints, etc --- these trespassers have literally 'taken over' my property AND refuse to stop. ) I have filed 'contempt' motions on several occasions BUT the Judge will not give me a hearing and will NOT hear my motions. ------ I filed a Motion in Limine and brought the issue of 'standing' in Court --to the Judge AND the Judge refuses to respond. I have asked where the trespassers derive 'standing' from. NONE of the trespassers have ever had ownership of my property. Note: the adjacent property owner has ONLY owned the property next door for ten or 12 years and absolutely was aware there was no easement on my property. (The prior owners of the adjacent property testified in court and confirmed that the adjacent property owner never had an easement across our property.) Note: The trespassers have NO jobs, and have criminal histories of violence AND have attempted to extort property from other property owners. ------ The defense attorney stood up in Court (its in the transcript) that the 'defendants' have spent over $50,000 to defeat my injunction efforts --so where do 'defendants' that have no jobs, have no financial resources obtain $50,000 to give to an attorney to defeat an injunction? These trespassers have committed felonies against me , my husband and my property. --- Since, no attorney around this 'backwoods' corrupt state have the 'guts' to stand up and practice law, (I've had to do the best that I can in this matter --- I have proven my case every step of the way. ) Apparently, the laws in this state only apply if you are a 'good ole boy' --- the U.S. Constitution means nothing, the constitutional right to own property means nothing --- So ----Where do I go from here? My property has a fraudulent lis pendens (preventing me from selling it) --- the Judge placed a 'status quo' on my property AND issued an order that I cannot bulldoze, etc my property. So Why is that? I own 27 acres of property and cannot bulldoze a housepad, build a barn, do anything to my property. What kind of nonsense is that? I am NOT the invader, I own my property, have adeed that is on public record for over 54 years and was on record when it belonged to my great grandparents. Title searches have been done. ----- I am requesting input from you. NOTE: Every attorney that I've paid to talk with state "you've did very well" in this matter, BUT appear to NOT know the next step (if one exists). So, being that you are NOT a West Virginia attorney WHAT is your opinion. ---- Thanks in advance. (Also, know that many WV attorney's have stated "we've heard about these types of things going on in this state" YET 'nobody' seems to step up to the plate to 'oust' the corruptors that are using the court system in such a manner.) The one thing that I am absolutely sure of is that if these 'criminals' get away with 'taking' my property by and through a corrupted court system --- then it is just a matter of time before the property of others is taken in this same manner. The U.S.Constitution and the inherent right to own property (which is equivalent to freedom) is being undermined.
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information. With a court system which you have experienced as corrupt, I can suggest the following steps:

 

1. Every State has a Judicial Complaint Board which investigates all Complaints filed against Judges, removes them from the Bench and prosecutes them. In West Virginia, it is called the West Virginia Judicial Investigation Commission. These Complaints must be in writing and sent to the address I have indicated below. I am also providing their telephone number so that you can follow up on the status of the investigation and of your Complaint:

 

West Virginia Judicial Complaint Mailing Address
Judicial Investigation Commission
P.O. Box 1629
Charleston, WV 25326

Telephone
(NNN) NNN-NNNN/p>

 

2. If you cannot get anywhere because of a corrupt judicial and "Good ole' Boy" system and you cannot find anyone who is brave enough to fight these individuals, then the only way to change this is to bring it to the attention of your US Senators and your US Representatives. They have both the power and the ability to bring these very serious practices to light and prosecute the perpetrators;

 

3. Nobody wants their judicial system to be corrupt, or have their US Constitutional rights taken away. Bringing these practices to the attention of the public is the best way to stop them. In the history of the United States, the power of the press has always been at the forefront of change. You should make your situation known to all of the local newspapers and all of the national newspapers. You should write to the Editor of all local newspapers and the Editors of the New York Times and the Washington Post, telling them of your situation and the passive and the inactive Judges who are too afraid, corrupt and paid off to dispense justice the way the US Constitution intended. Once these practices are brought to light, they will come to an immediate halt;

 

4. You did not say whether or not you or your predecessors bought title insurance; if a title insurance policy was issued, then you should file a claim and have the title insurance company fight this out for you regarding the claims of Defendants that they have easements;

 

I understand that your situation has been going on for a while and I appreciate the frustration you have experienced. I also realize that the above steps will not solve the problem as of "yesterday", but taking all of the above steps simultaneously will give you some favorable results faster than you think. The way you have described your situation, the only way to solve this very serious problem is to go "above the heads" of those with whom you are dealing and who have authority over the "system". The Judicial Investigation Commission holds a lot of power and has the authority to remove corruption from the Courts. Your US Senators and Representatives also have the power and authority to act on your behalf and the newspapers have no fear of exposing corrupt Judges and placing public pressure on their removal. I would greatly appreciate it if you would rate my service to you so that I can receive credit for researching your question and giving you Answers and information on how to solve the problem, otherwise I will not receive credit or payment for my time and effort in assisting you,

_______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11794
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Andrea for your efforts in this matter. I have filed a complaint with the U.S. Attorney's office and the FBI (out of the State of WV) for Public Corruption and abuse under color of law (a special agent was assigned and did visit us at our home. I provided copies of the Court Transcripts, motions/pleadings, etc). --I have sent copies to the local newspapers BUT there is NOT one editor that will respond. (The WV State Journal would not even publish that the Judge was recused from my case. Normally that information is immediately brought to the attention of the public, but the information was suppressed. Both the Kanawha County Sheriff's Dept. and WV State Police will not arrest the trespassers ; the attack/beating of me and my husband was not published in the newspapers and/or reported by the news (all crimes are 'supposedly reported here by the news (but this situation was suppressed and hidden). note: I do have a WV State Troopers report that I was attacked. The Kanawha County Prosecuting Attorney REFUSES to bring charges against the trespassers (even though we have broken bones and had to receive care in the emergency room---I have a permanent disablility in my left hand and can no longer close all my fingers, one finger was so badly smashed that it is flat and bent at the end. Doctor says it cannot be fixed.) --Note: These trespassers have smashed out my windshield twice, follow us, video record us on our own property, bring multiple unknown men to intimidate us, they have filed four false criminal reports against us for being on our own property, etc. ( I have had to retain legal counsel and go to Court ---YET the Magistrates and prosecuting attorney's office will not prosecute these people.) Note: the FBI stated that it appears to be a 'taking' of my property YET there is NOT one Law Enforcement inclusive of the Court, Prosecuting Attorney, sheriff or State Police that will assist us. ---I have a web blog that I started that is on the internet ---- If you are interested type into your web browser west virginia corrupt judges/magistrates and see the blog that I posted a couple years ago. (The Kanawha County Magistrate involved with the filing of the false criminal reports was the 'friend' of these trespasssers that used the magistrate position to file false criminal complaints that (she) the magistrate handwrote, authored the probable cause and then found 'probable cause' on what she (the magistrate had written). This same Magistrate was later set up in a 'sting' operation and was removed from the magistrate bench on other violations BUT was never prosecuted for her crimes. ---- The dynamics involved with this matter appear to be 'neo-nazi' tactics -------- apparently only 'selected' individuals are provided with the rights of equal protection under the laws. -- The 'silence' of the government officials aware of this situation is frightening to say the least. -- It is as if there has been a 'silent over-throw of the U.S. Constitution' . This is a very real situation . What is occurring has been carefully planned -------there is a 'Hitler' in our midst and no one in this community (Not even the ACLU) will stand up ---- the ACLU stated they do not have the resources to take on this situation-----think about that! The U.S.Constitution , The Federal Rules of Civil Procedure, the WV Rules of Civil Procedure, the LAWS etc that govern our American society HAVE BEEN taken away/denied/refused AND not one person in this community has the 'backbone' to stand up. ------------- Thank you for listening. I do appreciate your efforts.
Expert:  Andrea, Esq. replied 1 year ago.

Dear Edra,

 

You are in a very difficult situation and my prayers are with you. But, you are on the right track, calling in the US Attorney. As I said, report these abuses to your US Senators and your US Representatives. You will have to keep it on the Federal lever,

 

I wish you the best, I just wish there was more I could do,

 

ANDREA

 

 

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