"Dave Hall" wrote in message
...
On Fri, 23 Apr 2004 15:13:12 GMT, "Doug Kanter"
wrote:

"Dave Hall" wrote in message
.. .
On Fri, 23 Apr 2004 04:17:56 GMT, "Doug Kanter"
wrote:

If you ask a neighbor to control its dog and the neighbor refuses,
then
yes.
It is equivalent to molesting your daughter. I do NOT agree that the
neighbor should be shot. However, you must realize that by refusing to
cooperate, the neighbor has made a request.

No he hasn't. That's YOUR choice. He's not the one with the problem,
you are.

Nope. By his INACTION in managing his pet correctly, he has said "I'm
doing
nothing, and I dare you to do something about it".

That's negative logic. And since you can't prove a negative, it's not
a position that would hold water in a true debate.



He has asked you to bring all
possible legal forces to bear on him as quickly as possible.

Key word: Legal. Killing his pet is not justified, unless that pet
attacks you.

The food destruction legalities have already been explained to you. They
will NOT be explained again.

NOTHING except imminent threat is justification to kill. YOU need to
learn that.



As far as a dog simply crapping on your lawn: The law defines civil
trespass
to INCLUDE causing or negligently permitting foreign substances to enter
private property. So, if neighbor's dog craps on your property, the human
has trespassed, even if he's on the sofa when the dog is on your
property.

I'd love to see the case law which backs up your position. Even if you
are right, and the neighbor assumes all liability (and he does to some
degree) it still does not give you the right to circumvent the law.

Ask any lawyer, Dave. This was explained to me by our town justice when he
was my son's baseball coach. The conversation began over a problem with my
immediate neighbor, who continually allowed the ChemLawn fools to let their
sprays drift onto my garden. That is civil trespass. If a neighbor breaks
your window with a baseball, you talk to him. The 38th time it happens, you
nail him for civil trespass. Exactly the same as a person actually entering
your property when you'd rather he didn't. In my case, the judge offered to
provide an injunction, which would force the police to arrest (right on the
spot) the neighbor and the ChemLawn fools if they continued to spray near
the property line. Luckily, it never came to that point.


If your neighbor is spray painting his garage and allows it to drift onto
your car, he's trespassing. Get it?

No, he's not trespassing. But he will be liable for cleaning up the
car, as this is actionable in small claims court.

You must've spoken to a different judge. It is civil trespass. If you take
him to court and he agrees to pay for all damages, trespass will never come
up in the discussion. But, if he mouths off at the judge, he will, indeed,
have trespass tacked onto his rap sheet.



So you like inflicting pain on other people? I believe in giving back
too. If you killed my dog, lets just say that your land would soon
become unable to sustain life for the next several years....... And
then where would you be? Right, just where you are now, in an
apartment.

If you allow your dog to litter private property, YOU obviously enjoy
inflicting pain.

Litter = Pain? On which planet?

In places where people enjoy beauty, not garbage. On private property, the
definition of beauty is none of your business. If I say your garbage doesn't
belong on my property, you have one choice: Do not speak. Clean it up and
stop it from coming my way.



What if a neighbor needs to take 3 hours off from work to
wait at home for a carpet cleaning service.

Why would he? I already told you, 5 minutes with a bottle of spray
cleaner and brush. No carpet service is necessary. You really do live
in a world of extremes.....

No. I own a high-functioning nose. And, on my property, you do not determine
maintenance methods.


You have stolen from them,
Davey. Because of your dog, the neighbor may end up experiencing friction
with his boss. If the boss is an asshole, the employee may not hear the
end
of the aggravation for quite some time, all because you were too busy on
the
sofa to walk your dog.

Oh brother! You should be writing novels. A meteor might hit your yard
tomorrow too. Living your life according to "what-if" scenario
strawmen, is about as unrealistic as one could get.

This "what if" scenario has been going on for 20 years, Dave. Therefore, it
is real.

Dave, you seem to support the idea that dog owners should feel fine about
letting their vermine run around the neighborhood. How do you justify that?