Quote:
Originally Posted by jrc
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 {hopefully before someone's 6 year old drowns in frozen Lake Winni}.
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.{Actually, I don't believe there is any spite. I believe it a little bit of lack of understanding of the issues, and part "out of site out of mind." It doesn't impact just our property, but dozens of properties so it is not directed. We enjoy conversation and socials with a number of the owners, but not all as not possible}.
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 {agreed to a certain extent re; their right to protect, and the argument is that if marinas and municipal docking systems can be protected so that you can drive a truck on the ice 10' from it, why would one dock require de-icing 200' of water along almost 1,500' of lakeshore; so I agree they have the right to protect their dock but such doesn't extend beyond ordinary and necessary, and certainly not to preclusion of abutters rights and others. That is the civil suit alternative and there is no case history so we might have to be the first}. 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 {will have to} 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 {correct}. They will argue that the damage would have been worse or the same if the ice was left intact {well that's why the new camera system is going in, so we can show such cause}.
Water Quality...
Who will you get to champion this? {I'm not looking for or to be a champion, we all need to better cooperative take care of this lake; lest it one day not refresh and we wonder "what if?"} Shore Things works at DES, they don't seem interested {actually, they were very helpful, but not jurisdiction}. You can't sue the geese. {less concerned with this aspect as the geese by almost 100 enjoy the condo property for most of Mar-Jun and sort of leave their own reminder}.
I feel for you, but this might be a case for the sugar approach {tried to arrange meeting with top lake dock co, gave internet prints of timers and thermostats and prices, however, never thought of the "sugar approach" of actually buying and taking responsibility for managing such a thing}. 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.
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Thanks for the challenging post.
Although it shows the contrarian position on almost every item, it's reflective in the society we deal with today that has found its way to NH and every other previously simple place. You are right, we'll probably have to go a tough route. And the riparian rights, and write of mandamus were not mine as a lay person, rather at the suggestion of State officials, a State Senator and our Attorney who specialized in NH condominiums; so they must have a bit more substance to their merit.
Hopefully, others will respond. It is appreciated.
Thanks.