Meeting with Assemplyman Tony Jordan: RSVP

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Christopher N Luhn

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Jul 30, 2009, 11:07:34 AM7/30/09
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Dear Residents:

With the responses running about 50-50 among those with a conflict on one date or the other, and the rest indicating no preference, I hope all will not feel aggrieved if I opt for the 20th, inasmuch as I cannot attend on the 13th.

I will contact the Assemblyman's office and propose August 20 at 6:00 P.M., and will confirm our request for use of one of the Town's rooms on that date and time.

I will send you all a confirmation when I get this nailed down.  Meanwhile, I'd like to suggest that everyone try to assemble an "accounting" of-sorts on what each has spent on well and/or water systems in the past 3-5 years.  Also, feel free to bring see-through bottles/containers with water samples that dramatically show the water quality issues you each face.  Tadpoles optional.

C

Very truly yours,

The Law Office of

Christopher N. Luhn, P.C.

By:   Christopher N. Luhn

chris...@luhnlaw.com *

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199 Milton Avenue, Suite 10, Ballston Spa, NY 12020 - Tel. (518) 884-0000Fax (518) 884-0009*
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Admitted and licensed to practice law in the states of New York & Maryland
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This e-mail, including any accompanying document comes from The Law Office of Christopher N. Luhn, P.C., 199 Milton Avenue, Suite 10, Ballston Spa, NY 12020, and is intended solely for the recipient(s) designated herein and is transmitted without prejudice and reserving all rights. Further, the use of this medium shall not suggest or imply the sender's consent to accept service by electronic means of any kind. The e-mail may contain confidential and legally privileged communications made between attorney and client in the course of professional employment and for the purposes of legal advice or services. If the reader of this e-mail is not the designated recipient or the employee or agent responsible for forwarding the transmission to the designated recipient, any reading, dissemination, distribution, or duplication of the transmission is prohibited. In such case, the reader is urged and requested to contact the sender as soon as reasonably possible for additional instruction on further handling including, but not limited to, returning the e-mail transmission to the sender electronically, or by fax to the above number.  If you have received this in error, your retention or dissemination of this e-mail or its contents is prohibited except as stated above or pursuant to the laws of New York and the United States of America.

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Christopher N Luhn

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Jul 31, 2009, 9:39:54 AM7/31/09
to Nadle...@aol.com
Dear Residents:

Please see e-mail attached with question.

My answer is a typically cautious lawyer response:  it depends.

Factors are:  is there really a "fund"?; what is the enabling language that established the fund and, among other things, what are the material (i.e., legally necessary and relevant) terms, stated purpose, etc.?; and, how is it administered, including processing claims?

Generally, the burden falls on the claimant to prove that there is a connection (beyond mere speculation) between the blasting and the particular harm that is attributable (allegedly) to it.

In short:  I'll have to look into it and get answers to the questions.  As for whether the "fund" can be diverted to another purpose, I'd tend to doubt it, unless it is a wholly discretionary fund.

Film at eleven . . .


C

Very truly yours,

The Law Office of

Christopher N. Luhn, P.C.

By:   Christopher N. Luhn

chris...@luhnlaw.com *

________________________________________________________________________________________________

199 Milton Avenue, Suite 10, Ballston Spa, NY 12020 - Tel. (518) 884-0000Fax (518) 884-0009*
___________________________________________________________________________________

Admitted and licensed to practice law in the states of New York & Maryland
________________________________________________________________________________________________

This e-mail, including any accompanying document comes from The Law Office of Christopher N. Luhn, P.C., 199 Milton Avenue, Suite 10, Ballston Spa, NY 12020, and is intended solely for the recipient(s) designated herein and is transmitted without prejudice and reserving all rights. Further, the use of this medium shall not suggest or imply the sender's consent to accept service by electronic means of any kind. The e-mail may contain confidential and legally privileged communications made between attorney and client in the course of professional employment and for the purposes of legal advice or services. If the reader of this e-mail is not the designated recipient or the employee or agent responsible for forwarding the transmission to the designated recipient, any reading, dissemination, distribution, or duplication of the transmission is prohibited. In such case, the reader is urged and requested to contact the sender as soon as reasonably possible for additional instruction on further handling including, but not limited to, returning the e-mail transmission to the sender electronically, or by fax to the above number.  If you have received this in error, your retention or dissemination of this e-mail or its contents is prohibited except as stated above or pursuant to the laws of New York and the United States of America.

Service by fax or e-mail not accepted absent express, written consent.  Use of the identifying information contained in this transmission for marketing or solicitation purposes strictly prohibited.  Violators will be prosecuted.

____________________________________

Se Habla Español con Soltura









On Jul 31, 2009, at 8:11 AM, Nadle...@aol.com wrote:

Dear Chris,  I was talking to Craig St. Cry from Allteck Energy Systems this morning. He said the Blasting Co.,Ryfenburgh and the Town of Malta have to have a contingency fund for mishaps such as our wells that they have caused.  Even suggests that a Grant maybe unnecessary because of this money in this fund.  We could possibly get water for free.  Any thoughts?  Jan
 
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