Winnipesaukee Forum - View Single Post - AQUATHERMS

jrc · 01-13-2011, 01:45 PM

I feel for you, but I think you will lose this fight. You may win a couple of minor battles: they will have to put up the signs eventually.

But the condos have rights too and the issues are to inexact to have the governement solve this for you. I'm sure you have discussed this with the owners of the aquatherms, what is their reasoning? They can't just be doing this out of spite.

This why IMHO you will lose:

Property Rights:
You don't have a right to have ice that overrides their right to try and prevent ice damage to their docks. The law is clearly focused on public access points, things like boat ramps that turn into ice access points in the winter.

Property Damage:
You won't be able to prove that the damage was caused by the aquatherms. If you bring a civil suit for damages, you need to prove that they made it worse. They will argue that the damage would have been worse or the same if the ice was left intact.

Water Quality...
Who will you get to champion this? Shore Things works at DES, they don't seem interested. You can't sue the geese.

I feel for you, but this might be a case for the sugar approach. Maybe you can buy them some thermostats and timers and offer to help them set up things so it doesn't cause you as much problems. Probably cost less than a writ of mandamus.

01-13-2011, 01:45 PM	#6
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	I feel for you, but I think you will lose this fight. You may win a couple of minor battles: they will have to put up the signs eventually. But the condos have rights too and the issues are to inexact to have the governement solve this for you. I'm sure you have discussed this with the owners of the aquatherms, what is their reasoning? They can't just be doing this out of spite. This why IMHO you will lose: Property Rights: You don't have a right to have ice that overrides their right to try and prevent ice damage to their docks. The law is clearly focused on public access points, things like boat ramps that turn into ice access points in the winter. Property Damage: You won't be able to prove that the damage was caused by the aquatherms. If you bring a civil suit for damages, you need to prove that they made it worse. They will argue that the damage would have been worse or the same if the ice was left intact. Water Quality... Who will you get to champion this? Shore Things works at DES, they don't seem interested. You can't sue the geese. I feel for you, but this might be a case for the sugar approach. Maybe you can buy them some thermostats and timers and offer to help them set up things so it doesn't cause you as much problems. Probably cost less than a writ of mandamus.