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Comments about 'Dick Harmon: BYU football: RMs fill up small BYU recruiting class'
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You made some good points Dick...especially pointing out Crowton's folly...but
without really pointing out the key fact... of recruiting more non LDS athletes
than usual...which because of their off campus activities ended up getting them
and him in trouble. Those same problems would have basically been overlooked or
swept under the rug at other universities.
Quite a significant number of athletes across the board in all sports have come out of the military service as well... so for other universities to point out the mature factor of LDS missionaries is just sour grapes and besides if they are recruiting LDS prospects they have the option to do the same thing. It's not, as you mentioned, an exclusively Utah thing. They choose not to....but stll harp about it anyway. The precedent was established long ago... so all their harping is just hot air. The system works and Both Utah and BYU use it to their advantage...and balances out in the long run.
- 2:37 a.m. Jan. 30, 2011
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How many years has Bronco coached BYU?
Does this mean that the 2011 team will be the first that is entirely built out of his recruits?
2011 could be the best year to really judge Bronco and how he will do going forward from here.
Recruiting strategy is a major driver of how a team does. Can he (and his staff) identify players that will perform well in their coaching schemes?
It will be fun to watch 2011 for this and for the other changes (independence, Utah in pac 12, TCU in big east, MWC with Boise St.)
- 8:22 a.m. Jan. 30, 2011
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Dick, I did not understand your "Amen." What are you saying, is it that you agree with the gripers? As a church-going man, my understanding of Amen is that you agree with what was said, so do you agree with the gripers? Clarity would be appreciated. As for me, I am proud of the Y and have little respect for those who do not acknowledge the importance of striving, though emperfectly, to do as you profess to believe, putting it out there for everyone to scrutinize and criticize. It is not the critic, but the man in the battle to whom the respect and cheers must be directed. Props to the Cougars who project a "style of our own."
- 8:43 a.m. Jan. 30, 2011
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We should be undefeated this year unless the refs blame us for things we don't do just like every year.
- 9:34 a.m. Jan. 30, 2011
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These guys are part of what I love about BYU players. In today's athletic world there are so many trouble makers, they are getting in trouble for drugs, and all sorts of other crimes, as well as being jerks on the feild. The players that come out of BYU and even while they are at BYU are great role models for younger people or older for that matter. I know there are some strong return missionary's athlete's at other schools also like Univarsity of Utah, Utah State, University of Nevada, Boise State, even Hawaii. However when these players that come out of BYU come out with traits I can normally be very proud of.
- 9:35 a.m. Jan. 30, 2011
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Settle down DRay. Dick's use of Amen in this instance is just to say that he is glad the Cougars are done with the MWC and all it entails. I am looking forward to all the games with storied programs the Cougars will be playing over the next few years. This will be Bronco's 7th year as Head Coach. There could be a couple that signed with Crowton but this will pretty much be all Bronco era recruits.
- 9:44 a.m. Jan. 30, 2011
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Dulan coming back will be a nice boost for this next year. Throw in the USC
transfers, and BYU is going to have a mean, mean defensive front. They are as
loaded at linebacker as they ever have been.
Prepare to see some serious hitting coming from the Cougar D. I can't wait.
- 9:51 a.m. Jan. 30, 2011
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wwookie: TCU doesn't join the Big East until 2012. They'll still be in the MWC in 2011 and will play Boise State on the blue turf.
- 10:01 a.m. Jan. 30, 2011
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It is interesting when opposing teams complain about the age of BYU players. As
stated, a few teams do have a missionary or two on their rosters. But no coach
in the country would want to have the huge number of kids BYU has leave for two
years at the prime of their athleticism and do absolutely nothing except walk or
ride a bike. This aspect of BYU, along with the honor code, really makes BYU the
most difficult place to build and sustain a successful program in the country -
and yet BYU still manages to do it quite well.
Personally, I am not so eager to say Amen to the MWC. Independence is what we have so we are moving forward with it but I am not so sure that the "exposure" of playing Texas, Mississippi, OSU, and possibly TCU in one season will be worth the pounding that will entail.
It is easy to criticize Crowton's recruiting. In hindsight we learned just how hard it is for an 18 year old non-LDS kid to fit in at BYU. But Crowton was not wrong in trying to find athletes in the dbackfield. We still need them.
- 10:04 a.m. Jan. 30, 2011
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Whoa DRay. HE is saying Amen to the complaints. Read and comprehend.
If this system is so wonderful I would suggest to the other schools they hae their players leave for 2 years and not do anything with sports and then come back. They then should be able to have their national championships. LOL.
A number of years back someone compared the average age of the teams BYU played over the last few years and the average age as compared to BYU was within a 1-3 months.
If this system gives us such a great advantage then we should be winning championships virtually every year.
Some people just want to complain because we are a religious insitution.
- 10:10 a.m. Jan. 30, 2011
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I really haven't heard all that much "griping" about this since the
mid eighties and I haven't heard anyone say much at all about the Utes use of
rm's and the Utes foes might have reason to do that in the glorious years of
Ute BCS dominance.
People really aren't going to have much to say about this until the older and more mature athletes start dominating and causing foes to quake in their cleats. A seven win season doesn't do that. Sounds like a bit of a persecution complex to me.
- 10:10 a.m. Jan. 30, 2011
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Having older players who are mature and have more life experience is an advantage.
- 10:19 a.m. Jan. 30, 2011
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When other Coaches whine about BYU's advantage with having RM's, they show utter
ignorance of the matter.
Nobody is the same physically when they return. It takes a year or more to even get close to your former shape.
Many never get back to that top shape again.
Whenever BYU plays by the rules set forth, and achieve within that framework, somehow they have an "unfair" advantage, but when they fail, nothing is said.
Keep in mind, the missionary, peace corps, military service Rule, is available to "All Schools", not just BYU.
Every school has it's advantages and disadvantages.
Provo does not have San Diego's beaches and great weather year round. But, they have 11,000 ft. mtn. peaks.
Utah does not have 90k fans every week like USC, but they do have ????
BYU's Honor Code, like the Academies, is a big plus to some recruits and their Parents, and a big negative to others.
In other words you play to any advantage you can. And guess what, It's all Fair.
- 10:27 a.m. Jan. 30, 2011
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Harmon is predictably spinning a weak recruiting class.
- 10:30 a.m. Jan. 30, 2011
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It is alot harder than people think to go on a mission and then come back and try to get in shape to play FB or BB at the D 1 level. It is very hard and the young men struggle with injuries and sometimes they lose their competitive drive. A year or two latter maybe they get back to where they were before they left and then being older and more mature may be an advantage but it's a maybe, it's definitely not a sure thing.
- 10:39 a.m. Jan. 30, 2011
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2 years on a mission make a huge difference to the physiques of many lineman.
Utah had a safety come back as a 300lb offensive tackle.
It does, however, put a Burden on the skills positions, QB, RB and WR... (eg, Heaps, Unga and Jacobsen)
- 11:00 a.m. Jan. 30, 2011
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Howard S.
Harmon spins a lot of things but it really doesn't matter. You just learn to take him with a grain of salt. BYU will come out better for all the adversity...it usually always does. All those stars don't really mean a whole lot. Most of the big blue chippers never attain the same levels of success in college as they had in High School. Conversely a significant amount of those 1's and 2's who didn't fully blossom in High School seem to suddenly have a major growing spurt in their development and suddenly become the higher level players in college. Maturity is a significant aspect...but with that maturity they still have to work even harder just to gain back what they lost physically. It's real balancing act...but it works.
- 11:46 a.m. Jan. 30, 2011
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"Harmon is predictably spinning a weak recruiting class"
Howard S.,
I totally agree. If Dick had something, ANYTHING to crow about in this class - the article would have been focused on that.
Sorry but out of shape, balding RM's isn't going to save face on a disaster recruiting year.
Dick the real "story" is the realities on recruiting caused by no conference affiliation. You're looking at it.
- 12:02 p.m. Jan. 30, 2011
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@ Howard S
As far as one who spins, twist, micro-hyper-extends and manipulates what others say and do, I assure you, Howard S. that you and Ernest and really most Ute fans and media are about as good at that, conversely to Harmon, as any group of people I have ever read or heard.
- 12:51 p.m. Jan. 30, 2011
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re: jazzbball | 9:51 a.m. Jan. 30, 2011
"Prepare to see some serious hitting coming from the Cougar D."
You have to be able to pursue & catch your opponents before you hit them; see the problem?
- 1:18 p.m. Jan. 30, 2011
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Lexington County, SC (WLTX) - Lexington County deputies say they've seized a total of 13 illegal gambling machines from bars in the county.
The officers took the machines Thursday. On Friday, a magistrate declared the devices illegal.
Officers say they seized the devices from the following locations:
Anthony's Bar on Calks Ferry Road - Officers say they seized three Rush-Tel tabletop gambling devices and one Mega Touch Chug Monkey tabletop gambling device.
The Bar of Lexington on Two Notch Road - Officers say they took one Mega Touch Chug Monkey tabletop gambling device, one Mega Touch Live tabletop gambling device, and one CA Nexus gambling device.
The Barn on Jim Rucker Road - Officers say they took one Queen Bee gambling device, one Crazy Bugs gambling device, two Video Redemption devices, and one Spin Jack gambling device.
S&E Rack and Grill on the Edmund Highway - Officer say they took one Mega Touch Chug Monkey gambling devices.
Deputies say if people in the community see an illegal gambling machine, they should call Crimestoppers at 1-888-CRIME-SC.


text: On Mon, Apr 9, 2012 at 10:53 AM, Michael McNeil Forbes <firstname.lastname@example.com> wrote: > It seems like functools.partial is the appropriate tool to use here > which means I will have to deal with the functools was added in Python 2.5, and so far numpy is still trying to maintain 2.4 compatibility. (Not that this is particularly complicated code to reimplement.) - N


text:
Technology update
Apr 1, 2014
Saliva powers a MFC
Researchers in Saudi Arabia and the US say they have made a micron-sized microbial fuel cell containing multilayer graphene that works using saliva or other waste liquids. The device, which is capable of producing nearly 1 µW in power, could be used in some bioelectronics applications such as lab-on-a-chip and point-of-care diagnostics. It might even come in handy as an ovulation test and so help in family planning.
Microbial fuel cells (MFCs) are an up-and-coming technology that relies on bacteria to generate electricity from waste. The bacteria in the device break down organic matter and this process releases electrons that can be collected at an anode. The electrons then travel through an external circuit to the cathode to produce electrical current.
Micron-sized MFCs usually contain two chambers in which the cathode and anode are separated by a semi-permeable membrane. The problem with this set-up is that the cathode chamber needs to be regularly refilled with fresh electron acceptors, such as ferricyanide, which produces higher power densities than more readily available (and much less toxic) electron acceptors like oxygen – only employed in larger-scale MFCs until now.
Multilayer graphene anode
A team of researchers led by Muhammad Hussain at KAUST together with colleagues at The Pennsylvania State University used multilayer graphene foil as the anode and rubber to make the fuel cell. The device also contains an air cathode – which is a first for a micron-sized MFC. And importantly, the researchers have succeeded in doing away with the membrane altogether – something that greatly simplifies the device design and gets rid of the internal resistance associated with this structure, which invariably reduces current output from the fuel cell.
The researchers cut the graphene anode foil into a 1 × 1 cm square. They then placed a rubber spacer (1 mm thick) with the same dimensions between the cathode and the anode. Finally, they cut out a square hole measuring 5 × 5 mm from the centre of the spacer to make it work as the anode chamber.
Next, syringe tips were inserted into both sides of the rubber so that saliva could be injected into the device. The fact that it is made of rubber also means that the MFC is flexible and can be attached to a variety of surfaces with ease, explains Hussain. That it has an air cathode means that it does not require any laboratory chemicals to function.
Higher current densities
Although mainly made up of water, saliva also contains inorganic and organic compounds, such as glucose that bacteria can use as fuel. The KAUST-Pennsylvania researchers found that their device produces higher current densities (1190 A/m3) than any micron-sized MFC to date. The graphene anode, for its part, generates 40 times more power than that possible using an ordinary carbon cloth anode. This improvement comes thanks to graphene's exceptional electrical conductivity, which allows electrons generated by the bacteria to be transported extremely quickly to the cathode.
Nearly 1 µW of power
"Our study is the first to show that saliva (and most probably other highly concentrated organic fuels) can be used to power bioelectronics devices," Hussain told nanotechweb.org. "By producing nearly 1 µW of power, our micron-sized MFC is already good enough to run ultralow power lab-on-a-chip devices – such as an EEG seizure detection system, to name but one example."
Another, unexpected, application is as an ovulation predictor, he continued. "It is well known that around five days before ovulation, saliva's conductivity decreases sharply – most likely because of a peak in oestrogen levels. The new MFC could measure this change in conductivity and so identify when a woman is most fertile. The power generated by the device could also perhaps be harnessed to send this data to a smartphone. Such an application could thus help in better family planning in a non-invasive, easy-to-use way."
The team is now looking to improve its MFC so that it produces power in the mW range. One way of doing this might be to make a more efficient air cathode, says Hussain.
The saliva-powered MFC is described in NPG Asia Materials.
About the author
Belle Dumé is contributing editor at nanotechweb.org


text:
The King's Gate is a location mentioned in the second season. It is a gate in the walls of King's Landing.
Tyrion Lannister sends his squire, Podrick Payne, to fetch reinforcement from the King's Gate when the Mud Gate proves to be the focal point of King Stannis Baratheon's attack.[1]
- ↑ "Blackwater"


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VILLAGE OF WARSAW, TOWN OF WARSAW and
Appearances: DAVID M. DIMATTEO, ESQ.
Attorney for Plaintiffs
Attorney for Defendant
This matter did proceed to a non-jury trial on June 19th 20th and 21, 2000. Counsel for both Plaintiff and Defendant did waive opening statements and agreed to submit written closing statements and legal memoranda, which were received at/or about July 21st. Plaintiffs did commence this action pursuant to RPAPL Article 15 to seek a determination as to ownership of a part of a parcel of real property. This case started with the service of a Summons and Complaint at/or about August 17, 1987. Thereafter Defendant did submit Answer along with Counterclaims as to adverse possession, ejectment and merger.
The Supreme Court previously granted Plaintiff Summary Judgment and the case did proceed before the Appellate Division Fourth Department, where the matter was restored with the exception of one (1) of the Defendant's Counterclaims, i.e. merger doctrine. It is noted, at trial, testimony and some evidence was had as to the position of the Defendant DONALD GOTT as to the Deed description herein. This information was put before the Court, not under the concept of merger but for the Defendant's asserted claim, and proof of the elements of adverse possession, i.e. color of title and/or claiming property hostile to owner.
The main issues before the Court are whether the real property or any part thereof in dispute was utilized during the period of time in discussion by a municipality for governmental purpose, in which case adverse possession would not apply and/or whether there is adverse possession involving the property and/or any part thereof.
Plaintiff, VILLAGE OF WARSAW acquired a parcel of land on Lot 28, Range 1, Bounding 232 feet on the east line of South Main Street in the VILLAGE by Quit Claim Deed dated January 9, 1959 recorded January 19, 1959 in Liber 319 of Deeds Page 296. The property on the east side of South Main Street, south of, and adjacent to the parcel in question is owned by a not-for-profit cemetery corporation, Plaintiff, WARSAW CEMETERY ASSOCIATION, INC. The WARSAW CEMETERY ASSOCIATION, INC., is a duly organized existing not for profit Cemetery Corporation and the owner of the immediately adjacent property to the South, and operates the land which is the subject of this action as a cemetery. It appears, the CEMETERY ASSOCIATION was created by the TOWN OF WARSAW to attend to the different cemetery properties located thereat.
By a Quit Claim Deed dated April 26, 1973, recorded May 1, 1973 in Liber 396 of Deeds at Page 63, the VILLAGE conveyed to the Defendant DONALD J. GOTT, a portion of the original parcel. The 1973 Deed described the conveyed parcel as being on Lot 28 Range 1 and containing 216.8 feet of frontage on the east line of South Main Street.
In this action, THE VILLAGE OF WARSAW contends, it retained ownership of the land from the original parcel described above, not conveyed by the Quit Claim Deed to Defendant, DONALD GOTT, i.e. for example, as to the strip of land immediately bordering the conveyed property to South Main Street, i.e. the width of the strip at the front and east line of South Main Street, that is the difference between two hundred thirty two (232) feet (course from original Deed) and two hundred sixteen point eight (216.8) feet (course from the 1973 Deed). The Defendant DONALD GOTT, contends he owns the strip, through adverse possession from the continuous period in excess of ten (10) years immediately preceding the commencement of this action.
Here the Defendant has asserted by way of Counterclaim and at trial, his assertion that his occupation of the disputed land has been exclusive and continuous and has in fact been actual. One of the questions here is whether it can be described as hostile and under a claim of right, i.e. though not by claim of right in the Deed perhaps by asserted understanding - but whose understanding. This is disputed by Plaintiffs since the Deed he received does not give him title to the property. Notwithstanding, he certainly claims ownership of it - the fact that he believes he did own it. Another question then is did he enter the land to remedy an eyesore (public service) or to promote the standing or position or enjoyment of his property. The public service version has been submitted here as an explanation by Plaintiffs.
It is important to understand, as to references to titles, descriptions and surveys, we are dealing, strictly speaking, with one parcel of real property abutting another single parcel of real property. However, as to the different issues and theories of adverse possession before the Court, these actually go to different parts of one parcel. In actuality there are two principal areas, one large square like parcel in the rear right side of the property, i.e. behind the cemetery and then a strip, i.e. a strip of land immediately bordering the WARSAW CEMETERY ASSOCIATIONS, INC'S. parcel running from the front on the east line of South Main Street and the difference between two hundred thirty two (232) feet as set out in the original Deed and two hundred sixteen point eight (216.8) feet in the 1973 Deed. Also included is the land connecting the two (2) parts, i.e. the piece of land along the boundary of the cemetery and the GOTT property, i.e. dissected parcel.The strip runs straight back from South Main Street for approximately three hundred thirty (330) feet, but does narrow, by most recent survey accounts, to approximately five point eight (5.8) feet. Once again, to be specific and complete, the claims of adverse possession run all along the border between the properties, i.e. the GOTT parcel and the cemetery.
A pragmatic matter, the Court feels critical to keep in mind, is the cemetery itself is an elevated parcel running to South Main Street which slopes sharply uphill, i.e. from the surrounding property at/or about the area between the two parcels. In fact, the borders of the CEMETERY ASSOCIATION'S land as it abuts the GOTT property, no matter where you may wish to place the boundary has an abrupt slope or as has been otherwise been described at trial, an outcropping, hill, incline, etc. The Defendant DONALD GOTT, claims adverse possession not only to the foot of the so called "outcropping", but two-third (2/3)of the distance up the hill. It bespeaks the obvious, to set out, it was necessary for the Court to have a personal on site inspection of the property and the claims between the parties.
It appears clear, the Defendant, by Deed and his actions thereon had a clear knowledge of the boundaries set forth thereon. Despite this, we know the Defendant did grade and improve the land in dispute. The Defendant paid taxes on his property and received receipts for these payments but not on the property in dispute. Defendant acknowledges under examination he did know he was not paying taxes for the property in dispute. While the failure to pay taxes is not conclusive evidence it is a significant circumstance which weakens the Defendant's claim that occupation of land was under a claim of title particularly when the failure continued for all those years (see 2 CJS, Adverse Possession, Section 211, Pages 937, 938).
Plaintiffs make much of one of their affirmative defenses of the adverse possession claims, that is real property owned by a municipality - no interest may pass by adverse possession prescription where the record owner of the property is a municipality and the property is held for public or governmental purposes or is made inalienable by grant or statute. However real property which is held only in a proprietary capacity and upon which there is no prohibition as to alienability is subject to claims of adverse possession or easement by prescription.
Before a claimant may acquire land by adverse possession, he or she must prove by
clear and convincing evidence, that his possession of the premises has been:
1. Hostile and/or under claim of right
2. Actual
3. Open and notorious
4. Exclusive
5. Continuous (VanValkenburgh v. Lutz, 34 N.Y.95, 98; Belotti v. Bickhardt, 228 N.Y. 296, 302 (1920)).
Defendant GOTT acquired the 1973 Parcel as a result of a successful bid which he submitted after the VILLAGE published a Legal Notice dated February 23, 1973. The perimeter description of the property to be sold which was set forth in the Legal Notice was significantly more general and abbreviated than the description ultimately set forth in the 1973 Deed. The description in the Legal Notice was preceded by this language:
"The premises being sold are briefly described
as follows:" emphasis added).
The preamble to the description in the Legal Notice contained
"The VILLAGE OF WARSAW having determined that a
certain parcel of land owned by the VILLAGE is no longer necessary
for VILLAGE purposes ..." (emphasis added).
There is no evidence before the Court that at any time between 1973 and 1983 Defendant GOTT, affirmatively requested the execution and delivery of a "corrective" Deed eliminating what he has characterized as a description discrepancy between the published Legal Notice and the 1973 Quit Claim Deed.
There is no doubt by the evidence, the Defendant DONALD GOTT, expected to buy the entire parcel. He very well indeed thought that is what he had bought. However, very simply, he did not get the whole parcel. This he knew very soon after the receipt of his Deed. It appears, in context, in his frustration, suspicion and stubbornness he decided to somehow try and correct this. In matter of fact he simply took matters into his own hands. Again he knew he didn't get what he wanted. MR. GOTT knew very well what he didn't get. He felt he should have gotten it, i.e. the parcel in dispute and proceeded thereafter to act in one form or another like he had indeed gotten it all.
Witnesses for the Plaintiffs were James F. Gillen, John Webb, Gerald R. Pfeifer, Kenneth Fuller, David Lanni, Ronald Glosser, John Beresh, Eugene Conklin, Clayton Carlson, and Larry Colton.
As already noted, Plaintiffs stress their affirmative defense, that is, the real property being claimed for adverse possession was owned by a Municipality and was being held for public or governmental purposes. It appears as to the South Main Street strip, there would be no practical way during the time period in question for the Municipality to show the property was used for a municipal purpose, i.e. former carriage path not utilized in the present day. In point of fact, counsel for Plaintiffs struggled with this and was in fact unable to establish a municipal purpose during the trial for the strip of land which supposedly was at least part of a carriage path.
However, again the Defendant is claiming adverse possession
not only on the South Main
Street strip, but around the back of the property following
the ditch, i.e. and/or as described mill race established at some
point, but also up the very steep hill which borders the cemetery,
to a large square piece of property behind the cemetery. As already
noted, the Defendant DONALD GOTT, claims title two-thirds (2/3)
of the distance up the hill.
Practically speaking, it can be asserted, the slope, i.e. the hill is a necessary part of the CEMETERY ASSOCIATION's parcel, i.e. of the cemetery which is a municipal purpose herein and should be protected by the Court i.e. once more a prohibition to adverse possession cause of action against a municipality on properties being used for municipal purposes. Even if not directly argued or asserted, the evidence before the Court is ample and clear, the maintenance and protection of the slope is important and vital to the integrity of the cemetery, i.e. evidence, that Defendant DONALD GOTT'S working of the ditch at the bottom of the slope may have caused it to collapse and/or the moving of the tires may also have effected the integrity of the slope. Once more the Court's review appears to go to the importance the slope be maintained as a part of the Municipality's responsibility in maintaining the cemetery.
As to the large square potion of the property, behind the cemetery, Plaintiffs' case not very forcibly submits this real property is necessary to the Municipality for some sort of flood control or access for flood control protection about the nearby bordering stream, Oatka Creek, i.e. again municipal purpose and a prohibition to adverse possession cause of action against a Municipality.
Plaintiffs' witnesses were all straight forward and direct in their testimony - to the extent of them all trying to recollect things that occurred some sixteen (16) to twenty-seven (27) years ago. Fortunately, their recall was assisted or refreshed by surveys, minutes of TOWN and VILLAGE board meetings and records of the CEMETERY ASSOCIATION. Not a single individual begrudged the Defendant DONALD GOTT, the work and cleanup he accomplished in the area including the property in dispute. As opposed to the Defendant DONALD GOTT, and Paul Getty, these witnesses portrayed no apparent hard feelings or hostility. This went even so far as to disagreement with Mr. GOTT as far as his declarations as to the property being his or as to their inattention or their mismanagement.
Perhaps the most important Plaintiffs' witness was James F. Gillen. Mr. Gillen was the original surveyor, i.e. when the property was purchased by MR. GOTT, i.e. 1973. His recollection, i.e. being told by the Defendant to go two hundred sixteen feet (216) per the sketch provided by MR. GOTT, i.e. in evidence was a pivotal part of Plaintiffs' case . Also interesting is his recollection, being directed by Defendant as to the survey line to the brush pile, i.e. pile created by MR. GOTT working on property before purchase in between two marker trees, i.e. alienation of the real property in which MR. GOTT was working - and also and probably on the property he was not working on, i.e. large square like piece of property behind cemetery.
Again, Defendant pursuant to this discussion, knew he was getting two hundred sixteen feet (216), not two hundred thirty two (232). In all this, it is particularly interesting to note the circumstances of the survey, i.e. Defendant GOTT buying the property knowing he would not get a survey or an abstract. According to Mr. Gillen he was retained and paid by the Defendant. No one, not even MR. GOTT disputes he paid Mr. Gillen. However, the Defendant insists the surveyor was hired by the TOWN to do the survey. According to Mr. Gillen, when he checked with TOWN representatives as to the boundaries, he was told to go to the Defendant, because he knew where the boundary lines should be. Defendant does not dispute he did provide a sketch to Gillen as to the boundaries although the particular circumstances differ. It was Mr. Gillen's distinct impression everyone knew, that is the Municipality and MR. GOTT, this was a split, i.e. a division of property owned. Although Defendant contradicts this, in context, as to the fact he never complained thereafter seems to lend support to the argument there was knowledge, on his part, at least initially, he was getting only a portion of the original property.
James Gillen also took issue with a major GOTT assertion, i.e. that the only issue on the property line demarcation, is that it would not hit or cross graves in the cemetery. It seems geographically and topagraphically not a valid claim for the Defendant GOTT.
Again note, Mr. Gillen stresses, he was told to go two hundred sixteen feet (216) by the Defendant GOTT. Notwithstanding, he would not specifically dispute, MR. GOTT'S assertion that Gillen was told by him to go two hundred sixteen (216) feet if necessary. However, in any event, this is what occurred. It is worth keeping in mind, the difference between the 1973 survey and the 1982 survey, i.e. both by Gillen, i.e. the strip to South Main Street goes from approximately sixteen feet (16) in width at South Main Street to approximately five feet (5) in width at the end of the strip on the new survey. Mr. Gillen also mentioned, the difference between the two hundred sixteen (216) and two hundred thirty two (232) feet was the carriage path. Mr. Gillen was contacted by the TOWN OF WARSAW and told to re-stake the southerly line pursuant to the Deed at/or about October 1, 1982. The survey was revised at/or about December 9, 1982 and does note the existence of the Defendant, DONALD GOTT's pasture fence.
Another informative witness for the Plaintiffs was Gerald Pfeifer, being a member of WARSAW CEMETERY ASSOCIATION from 1972 to the present and was President from 1979 to 1983 and from 1983 to the present. It appears the Association met approximately twice a year with one being an annual inspection. However between 1972 and 1980 there were several special meetings. The Association has nine (9) board members. One special meeting was held in 1982 as to the chief of police's confrontation with Mr. GOTT as to trespassing and the cutting of the infamous tree. Also pointed up during his testimony were notes in the CEMETERY ASSOCIATION's records as to the placement of the sign by Mr. GOTT as to the Pine Hill Cemetery at or about 1982. Another special meeting in 1983 was the result of a letter from the Cattaraugus County District Attorney for the review of records for the CEMETERY ASSOCIATION - an action instigated according to Mr. Pfeifer by the Defendant DONALD GOTT.
Of particular interest was Gerald Pfeifer's testimony in reference to the brief period in 1983 when DONALD GOTT was President of the CEMETERY ASSOCIATION. While President he did direct repairs to the hill surrounding the cemetery. Also while in office he erected barriers at the end of the road, i.e. the road running through the cemetery to the beginning of the hill. Further, DONALD GOTT, as President, directed continuation of the digging of a ditch. Records note this ditch was started in 1982 at the toe of the slope and continued while he was President. Specifically DONALD GOTT was President of the Association from April, 1983 to August 1983. At that time he resigned.
The witness Pfeifer added, that as a result of the Getty / removal of the tree on the hill controversy at or about 1983, and the contact by the Cattaraugus District Attorney, the Board requested the Municipality determine where the proper property lines were, i.e. letters to Mayor. Cemetery records listed no response. It is respectfully pointed up, it was his understanding the property line is the toe of the slope. When viewing photographs of the area Mr. Pfeifer also indicated his understanding of the carriage path, i.e. behind the toll road. It was noted, it was the recommendation of the CEMETERY ASSOCIATION, the carriage road be restored to be utilized for the maintenance of the hill. However, this did not occur and he himself never saw anyone using the carriage road for any purpose.
The Plaintiffs' other witnesses for the most part added bits and pieces to the picture of events and contacts between the principals. David Lanni, TOWN OF WARSAW Highway Superintendent, since 1988 and having been employed by the Highway Department since September, 1976 remembers doing work at the cemetery in 1983. This work consisted of delivering fill from the Highway Department to the cemetery. He recalls the rear hill being depressed four to five feet. His recollection also included information as to removal by the Defendant DONALD GOTT, of dirt from the toe of the hill in approximately 1981-1982.
Plaintiffs' witness, Ronald Glosser was the President of the WARSAW CEMETERY ASSOCIATION 1973 to 1975. He recalls no apparent problem at that time from Mr. GOTT or any claims as to real property from same. Mr. Glosser does note confrontation between MR. GOTT and representatives of the WARSAW CEMETERY ASSOCIATION at our about 1982 as to the cutting of trees by MR. GOTT. That is to say the Defendant DONALD GOTT, claimed he owned the property in which the trees were located and he was informed by representatives of the CEMETERY ASSOCIATION that he did not. He recollects there was some prior clean up of tires at the rear hill portion of the property at or about 1982. Mr. Glosser left the Board in 1983.
John Webb has been the caretaker of the cemetery from 1979 to the present. His recollection included the events of the spring of 1982 when there was had a confrontation between Paul Getty over the clearing of the rear bank. At or about that time, it is asserted Paul Getty was cutting a tree at the top of a hill. In context, it does not appear Mr. Getty or MR. GOTT dispute that the top of the hill was not their property, but that Mr. Getty was cutting the tree down as a public service and that no one ever gave him a hard time about it. Mr. Webb does give credit for the cleaning of the brush and tress from the hill to Mr. Getty and MR. GOTT. It is his recollection the tires were removed from the hillside in the early 80's. Mr. Webb does point up, that the collapse of the rear hill, was possibly due to MR. GOTT'S work, i.e. trench at the toe of the hill and/or due to the removal of the tires by the TOWN and MR. GOTT from said hill.
Larry Colton and Clay Carlson were also called as witnesses by the Plaintiffs. It appears their testimony was intended to contradict DONALD GOTT. In effect, this really did not happen at least not at any great moment. Mr. Colton did some bulldozing for Mr. GOTT. At the time he did so he did not believe the drop inlet was there but it could have been. Around the same time he acknowledged possibly doing some grading for GOTT in the 1970's. At least Mr. Colton did dispute Mr. Getty's dispute as to the dead zone which occurred in the 1970's along the strip up to South Main Street. Once more again, he did acknowledge ditching or ditch work for GOTT around his property in 1974. Mr. Carlson the photographer, disputes Mr. Getty's position of the photographs that were submitted for exhibits were from two (2) different areas.
Plaintiffs' witness JohnBeresh of Wyoming County Probation Department was Mayor of the TOWN from 1987 through 1989 and initiated the lawsuit in 1987. He indicated he never gave permission for the Defendant DONALD GOTT to be on the property.
It is worth noting, that part of Plaintiffs' affirmative defense to adverse possession is the fact that Defendant DONALD GOTT was President of the CEMETERY ASSOCIATION in 1983. It is set out that the actions taken by GOTT during the time of his presidency was through and as President of the CEMETERY ASSOCIATION. The Defendant acknowledges that while President he did pursue some work to the cemetery, but he asserts this was to the top one-third (1/3) of the bank of the hill, which he concedes belongs to the cemetery.
Witnesses for the Defendant were Paul Getty and the Defendant himself.
Defendant DONALD GOTT is a very intelligent, intense individual who seems to believe he had been socially ostracized and vilified by what has occurred at/or about the real property in question. Despite the high emotions on both sides, no one disputes the amount of work and development DONALD GOTT did with the parcel he purchased as well as the land in dispute. That is to say, everyone who testified, former public officials, surveyors, etc., agreed the parcel purchased by MR. GOTT was a piece of land in extreme disrepair, i.e. overgrown, brush, swamp, wet, filled with insects, abandoned debris, etc. Further no one disputed MR. GOTT's efforts benefitted the surrounding properties and the Municipality, i.e. as to the Oatka Creek, danger of flooding, the formerly swampy areas of land, etc. Nevertheless, all these acknowledgments have apparently, only contributed to MR. GOTT's frustration, i.e. claiming in effect decades of being stymied and ignored in attempting to resolve his property claim with municipal officials. However, the Defendant is also obviously a very irascible individual and is someone who tends to be suspicious of authority, paranoid and down right nasty to anyone opposing what he wishes to be the case, i.e. his way.
Defendant DONALD GOTT, did testify before the Court in a direct if not somewhat disjointed manner. It became apparent, almost from the beginning of his testimony he had made himself aware as much as possible as to the elements of adverse possession. That is to say, his testimony was often carefully colored as to dates, i.e. ten (10) year requirement times, i.e. activity dates and activities, i.e. proactive action on the affected properties that occurred or did not occur and whether he could pin point them, etc. He was quick to defend prior apparent contradictions by him to his claims, i.e. as far as dates through documents, letters and/or from newspaper accounts as simple misunderstandings, mistakes, etc.
As already noted above, DONALD GOTT describes the whole situation as far as Mr. Gillen and the two hundred sixteen (216) versus two hundred thirty two (232) feet as a misunderstanding - that is Mr. Gillen's misunderstanding. This in fact, indeed may be the case. There is a very obvious dispute, as to what was the background to the initiation of the survey, i.e. what maps was Gillen shown, were sketches provided, etc. Notwithstanding, to the issues before the Court, this is really irrelevant in that DONALD GOTT acknowledges very clearly, once he received the Deed, i.e. he did specifically measure the lines set out thereon and knew very shortly after the receipt of the Deed what he had in fact received. There is no dispute he did not bring any proceeding or make any objection to anyone, as to Deed description or attempts to get it changed or corrected. Once more the merger doctrine is not relevant here. The facts on the issue of title is whether Defendant GOTT, held title to the property hostile to its true owners.
DONALD GOTT went on to testify, very soon after he received the Deed, he along with Mr. Getty did research for where property lines, in fact, should be according to him. He asserts the two did research at the County Clerk's Office and elsewhere looking for Deeds and descriptions dating back as far as 1840. Using these references and distances he measured exactly, once more according to him, where the boundary lines were supposed to be. In fact, he asserts at some point in time he did stake the "proper boundary line". When and how these stakes were placed is open to question and some contradiction.
Two hundred sixteen (216) feet was not picked out of the air by Gillen or GOTT. MR. GOTT makes specific reference to a 1920 map and the two hundred sixteen (216) feet figure set out thereon. GOTT was quick to submit that this is the basis for his number and the basis for which he believed, he was getting all the property in between the cemetery and the other parcel. However, the 1920 map is vague as to where the cemetery is, where the hillside is and where exactly two hundred sixteen (216) feet goes to. This map is very big and general and does not make notation of fences or significant markings or slopes of the cemetery or where it ends. In effect, the two hundred sixteen (216) feet may indeed end before the much described "carriage path".
The Defendant DONALD GOTT, eagerly confronted but still had difficulty with many contradictions in his various positions. This is to say, for example, he knew the Deed he had did not give him the property he claimed and for which he never paid taxes thereon. Further, he never specifically informed anyone, outside of Mr. Getty, about his new measurements. He argues he did indeed go to other surveyors without success but has no specific proof. MR. GOTT was also asked by the Court whether he took his new information back to Mr. Gillen. His answer was no. Claims or statements attributed to him in letters, i.e. to where he talks about staking in 1985 he calls a mistake. Opposing counsel in cross-examination, made reference to news articles where at different points he has been quoted as talking about staking the property and making claims thereto all in the 1980's. Also pointed out to him on cross, was the fact that the supposed fence installed in 1979, was not much of a boundary, i.e. a single strand of wire attached to some pieces of wood and trees approximately along the line of the foot of the hill to the cemetery.
On cross-examination, MR. GOTT was questioned as to a news articles from September, 1982, as to ownership of the property, as well as statements made by him in a deposition in 1994 attributing much of the work he had did at or about the hill and cemetery as a public service. Also pointed up, was a statement by him in an interrogatory referring to penetrating the Southeast quadrant in 1986. Also in prior statements, brought to his attention was the 1982 erosion problem, wherein he alluded to, that they built it - it was their problem.
DONALD GOTT was asked by the Court whether he made any attempt to show his stakes, i.e. setting out his new boundary line to anyone from the VILLAGE OF WARSAW, TOWN OF WARSAW, or THE TOWN OF WARSAW CEMETERY ASSOCIATION. His answer to these questions seemed intentionally vague. The Defendant inferred circumstances and events that occurred in the years following his purchase of property made the stakes apparent to certain individuals from the CEMETERY ASSOCIATION, etc. However, at the same time DONALD GOTT acknowledged, one of his major complaints over all the decades throughout this whole time about the different Municipalities is that this property had been neglected by the different municipalities and its agents. That is to say, they never took the time to be aware either directly or indirectly, i.e. through its employees or even through members of the CEMETERY ASSOCIATION as to the status of property, i.e. as far as junk in the back, tires, former caretakers involvement in placing tires, refrigerator and the condition of the quagmire as he describes it in the area between the Oatka Creek and the cemetery.
It should also be pointed up, while the Defendant DONALD GOTT, claims the property to two-third (2/3) the distance up the hill bordering the cemetery, pursuant to the news articles mentioned above and other references, he is often quoted as claiming the property to the foot of the hill or outcropping as variously described. DONALD GOTT does not even dispute, his initial statement, he wished frontage to the toe of the slope, i.e. to two hundred sixteen (216) feet, if necessary.
Finally, what must be mentioned in weighing MR. GOTT'S testimony is his obvious hard feelings against just about everyone involved in this matter. He did attempt on more than one occasion to institute disciplinary proceedings against Mr. Gillen. Although he became President of the CEMETERY ASSOCIATION, he resigned it appears based on responsive criticism of his actions. There appears no doubt he did initiate complaints to the District Attorney about the records and finances of the CEMETERY ASSOCIATION, etc.
The only other witness for the defense was Paul Getty. He is truly a colorful individual who has been an employee of the Defendant GOTT, for over thirty (30) years. It should be noted Mr. Getty is pretty sure that he is going to inherit that property from Mr. GOTT at some point in time. The problems with his testimony is that he often tended to speak in the royal we, i.e. referring to discussion that either he or Mr. GOTT had with other individuals whether he was present or not and or whether Mr. GOTT was present with him or not. Another peculiar area, is Mr. Getty, who throughout his testimony prided himself on his specific recollection as to what occurred, was vague and tentative as to the notion of whether Mr. GOTT or himself did work on the property before its purchase.
Mr. Getty was specific as to information about work on the property, i.e. recollection as to fill being added to the property along South Main Street in 1973 - 1974 - that is to say his memory that fill two hundred eight (280) feet of fill deep and two hundred sixteen (216) feet across was placed on top of the property. He specifically remembers work done on the area of the so called strip and carriage path. Mr. Getty puts forth, this land now considered the old carriage path is actually a part of a drainage swale, which is part of the work done and fill added in 1974. Another area of Mr. Getty's testimony was the ditch which according to some reports was put in at or about 1982. However, Mr. Getty points up, there was a great deal of ditch related work in 1973 which crossed the sixteen (16) foot strip in the front on South Main Street. In addition, he claims fill was put on the property especially along South Main Street and along the ditch or swale in the back of the strip from South Main Street in 1974. According to Mr Getty the real carriage path was on the hillside itself. Although the placement of the fill was gradual, Mr. Getty indicated all the property involved had been touched by the end of 1974.
As to the meetings and/or discussions between the surveyor, Mr. Gillen and MR. GOTT, Mr. Getty obviously supports MR. GOTT'S position although it is not clear whether he was in fact present for much of what went on between MR. GOTT and Mr. Gillen.
Paul Getty testified as to work being done by MR. GOTT and himself on the North side of the parcel purchased before 1973, i.e. cutting brush and tress and bringing in fill. It was pointed up, through Mr. Getty's testimony, that in May, 1973 Mr. Seth, the then caretaker of the cemetery, complained to Mr. Getty that they were not cleaning to the property line. According to Mr. Getty, Mr. Seth told them to clean all the way up the hill. It is a matter of dispute, and stressed under cross examination, whether this was an indication of MR. GOTT's property and/or his request for a public service for the benefit of the TOWN and the cemetery. As already noted, the whole matter of GOTT's actions as a sign of his ownership of the property and/or as a public service occurred several times throughout the proof. Another example was the signs he set out in front of the older part of the cemetery noting its historical significance, i.e. the Pioneer Cemetery - 1984 -1985. Later, MR. GOTT and Mr. Getty made no small mention of their service to the community in mapping out the Pioneer Cemetery.
Mr. Getty indicates the drop inlet was put in the rear behind the cemetery in 1974 which he noted was over the prescribed Deed line. The existence of the drop inlet, i.e. when it was installed is a source of some controversy. According to the testimony of others, bulldozing which occurred thereafter in the vicinity would have or could have crushed any drop inlet. It is asserted, from the perspective of other claims, statements set out in news articles, the drop inlet as described, where indicated, did not exist until at or about 1982. A further area of controversy were certain pictures shown to Mr. Getty. The witness described these pictures from at or about 1976 wherein it appears the photographs are dated at or about 1982-1983. The pictures do show the presence of tires. He also recalls removing tires from the slope on the north end of the property in 1973 and work on the rear of cemetery east of 1975 survey line in 1975-1976.
Also interesting according to Getty - was that the stakes put in, i.e. first set in 1974, another set in 1975, 1976 were six feet down slope. He also describes the cleaning up of the back of the lot, i.e. back of the cemetery, tons of brush 1975, 1976. To this he notes they did work on the other side of the parcel purchase, i.e. bordering property formerly known as the B&O Railroad but returned to work on the portions in question in 1977 - 1980. The wire fence, which still exists, according to Mr. Getty was installed in 1978, 1979 and 1980. He also notes the fence was extended, to be put around the entire property, i.e. around the back in 1983 and 1984. He indicates he installed a second drainage tile two hundred (200) feet south of the drop inlet in 1982 and 1983. All the tires were removed in 1983 and also at or about that same time the slopes behind the cemetery were seeded.
Another source of contradiction and controversy between the sides are when the tires were removed from the properties. Mr. Getty asserts some tires were cleaned in 1973 although elsewhere through notations, news articles, etc., this did not occur until at/or about 1982. Mr. Getty and even MR. GOTT acknowledged that most of the tires were cleaned in 1982, but in fact, some were removed in 1973 and 1974.
Turning to the issue of adverse possession (and assuming for the moment, that title may be acquired from a Municipality by adverse possession) the Court notes that this method of acquisition is not favored (Gallea v. Hess Realty Corp., 128 AD2d 274 (4th Dept 1987) affd 71 NY2d 999) (1988). On the adverse possession claim, the burden of proof is upon Defendant GOTT (Mastin v. Village of Lima, 86 AD2d 777 (4th Dept 1982); Gerwitz v. Gelsomin, 69 AD2d 992 (4th Dept 1979)). Moreover, proof of adverse possession must be "clear and convincing", as a "mere preponderance of the evidence" is not sufficient (1 Warren's Weed, New York Real Property, Adverse Possession, Section 13.02).
As one treatise has observed:
Title by adverse possession... cannot be made out or established
by mere inference or conjecture. It is said that such title must
be established by clear and positive proof or by clear and cogent
evidence (2 NYJur2d, Adverse Possession, Section 8, p. 312).
As the Plaintiffs have correctly emphasized, it is incumbent upon Defendant GOTT to show that continuously throughout the requisite ten year period, he has possessed the disputed parcel in a manner which has been
A. Hostile and under a claim of right; and
B. Actual; and
C. Open and Notorious; and
D. Exclusive; and
E. Continuous.
Adverse possession to be considered serious or effective must be nothing less than actual possession in fact, i.e. of the type that would give the owner a cause of action and ejectment of the occupier throughout the prescriptive period. (See Generally 3 American Law of Property Section 15.3) See Brand v. Prince, 35 NY 2d 634 (1974). This is certainly the case here.
Further this actual occupation requires the property to be usually cultivated or improved
and/or to have been protected by substantial enclosure (RPAPL 521, 522); the type of cultivation or improvement required need only be consistent with the nature of the property so as to indicate exclusive ownership. Once more, for the most part, the Defendant DONALD GOTT, has complied therewith. See also, City of Tonawanda v. Ellicott Creek Homeowners Association, 86 Ad 2d 118 (4th Dept 1982). As to the strip we also have an inclosure of sorts. This fence - described in many fashions but as seen by the Court represented barbed wire from fence post to tree to fence post extending back from South Main Street to the rear extent portion of the property.
As the Court believes is obvious and apparent the Defendant's claim and causes of action are weighty and serious. The claims to the parcel, or to the different parts of the parcel have matured at different rates over the many years. The basic claim originated at or about 1973 with the action commencing almost thirteen (13) years later at or about 1986 - 1987 and not coming to trial until almost thirteen (13) years later after that in the year 2000.
As hopefully, adequately explained below, this Court concludes the Defendant DONALD GOTT's adverse possession claims do succeed in part and fail in part. First, the Court concludes, that as to the strip in dispute, i.e. to South Main Street, excluding the hill, i.e. to the foot of the hill and the property to the rear of the cemetery, again excluding the hill, has been held by the VILLAGE OF WARSAW in a proprietary capacity, not in a Governmental or sovereign capacity. The Court further concludes, on the same basis, that the remaining property, i.e. from the foot of the hill up to the cemetery, has been held by the VILLAGE not in a proprietary capacity, but in a Governmental or "sovereign" capacity, again specifically for use as a cemetery. Following up on this, it is the Court's determination, the Defendant DONALD GOTT, has proved, sufficient to meet his burden, as to the strip to South Main Street, the elements of adverse possession thereon, i.e. that is again to the foot of the hill. The Defendant's claim from the foot of the hill to two- thirds (2/3) up the hill to the cemetery all around the boundary of the cemetery does fail, i.e. again the property held for governmental or sovereign capacity, i.e. the Defendant has failed to meet his burden. Finally, as to the large rear portion, even though the property was not held by the VILLAGE in a governmental or a sovereign capacity, it is the Court's Decision, that the adverse possession claim fails due to Defendant's inability to sustain his burden of proof.
Now as to the matter of explanation, let us firth look to the South Main Street strip. The Plaintiffs failed to establish a municipal purpose for the sixteen foot strip, i.e. the supposed carriage path. It is not really clear where the carriage path ever was and/or whether the carriage path did indeed exist further up the hill. No one recalls when the property was used as such, i.e. carriage path, In any event, it is clear, the Defendant DONALD GOTT, addressed this property almost from the outset of his purchase, i.e. with one drainage area as well as the eventual ditch and also the fill placed thereon. The Defendant GOTT, has shown throughout requisite ten (10) year period he occupied and encroached upon the strip in a manner which would have been manifest to a viewer upon casual inspection. At least to this portion, i.e. South Main Street strip, the Defendant GOTT'S actions were open and hostile to everyone and anyone who drove up and down this main thoroughfare at or about the VILLAGE OF WARSAW, TOWN OF WARSAW, Wyoming County could see. This obviously would go to his fence and/or rehabilitation of the property, ditch, pathway, etc.
Again as to elements of adverse possession, i.e. hostile, under a claim of right, the Court again would note, the Defendant has certainly made a case for consideration as to hostile, actual, open and notorious, exclusive and continuous as well as the ten (10) year period. (Brand v. Prince, 35 NY 2d 634 (1974), Sinicropi v. Town of Indian Lake, 148 AD 2d 799 (3d Dept 1989)). DONALD GOTT certainly met his burden in showing possession constituted an actual invasion of and/or infringement upon the owner's rights (Weil v. Snyder, 25 AD 2d 605 (4th Dept 1966)). His use was open and notorious and continued for the full ten (10) year statutory period. The showing here by the Defendant constituted clear and convincing evidence sufficient to warrant the Court to direct judgment in his favor. Belotti v. Bickhardt, 228 NY 296 (1920); Wildove v. Papa, 223 App Div 211(1928))
As to the matter of the hill, it is the Court's specific finding that whatever other adverse possession claims were discussed and/or disputed here and/or eventually decided by the Court, no adverse possession by the Defendant shall exceed the foot of the hill.
As has already been noted elsewhere and by just about everyone at trial, there is no dispute as to the great efforts and work done upon the different parts of the hill by Mr. GOTT and his representatives. However, as any physical inspection of the property immediately impresses - this abrupt elevation is an important and necessary part of the cemetery and CEMETERY ASSOCIATION. It must and has to be maintained to continue the integrity of the cemeteries located on top thereof. One may reasonably conclude it was the intention of the Municipality and/or CEMETERY ASSOCIATION this property, i.e. be kept apart from the parcel sold. It is this Court's finding this hillside is connected to the cemetery and cannot be separated therefrom and therefore is part of the municipal purpose of the WARSAW CEMETERY ASSOCIATION, etc. Therefore no cause of action of adverse possession will lie as to the hillside, outcropping or however one wishes to describe same. Real property held by a Municipality for public purpose cannot be lost by adverse possession (1 Warren's Weed, New York Real Property, Adverse Possession, Section 9.03); (City of Tonawanda v. Ellicott Creek Homeowners Associations, Inc. 86 AD 2d 118 (4th Dept 1982).)
In support of the Court's finding herein, there is also the proof, of the existence of the fence, again at the foot of the hill and the ditch, placed in 1973-74 at the foot of the hill. Further, the work on the hill as set out by Mr. Getty and MR. GOTT was limited and spotty and questioned and often with some contradiction. Also, the work done, is measured in the context of MR. GOTT's presidency of the CEMETERY ASSOCIATION and the work done at his direction while President and/or perhaps as a public service, i.e. pursuant to discussions and/or meetings with the caretaker.
Even if it is assumed, arguendo, that the hill is not being held in a governmental capacity (Lewis v. Village of Lyons, 54 AD2d 488, 490 (4th Dept 1976), the Court concludes that Defendant GOTT has failed to show, by clear and compelling proof, all of the requisite statutory elements have been met (Belotti v. Bickhardt, 228 NY 296(1920); RPAPL Section 501 and 522; see also, City of Tonawanda v. Ellicott Creek Homeowners Assoc. Inc., 86 AD2d 118, 120 (4th Dept 1982)).
Lastly, the Defendant, DONALD GOTT's claim of adverse possession to the rear portion, i.e. square like part of the property behind the cemetery, fails due to Defendant's inability to sustain his burden of proof, i.e. elements necessary to adverse possession and particularly the ten (10) year duration.
Once more, as to this part of the parcel, it is the Court's finding there is not adequate proof by the Defendant, his actions on the real property beyond the boundary line in that area to satisfy all the necessary elements of adverse possession. There is no doubt, there is a good deal of testimony and evidence by Paul Getty and DONALD GOTT there was work done by them, beyond the prescribed boundary line. Unfortunately for the Defendant's case, the specifics mostly refer to the either the hillside, the drop inlet or the ditch - at least again to this section of the parcel. It is not clear, at least to the concept of continuous presence and/or sufficient to meet MR. GOTT'S burden as to when and how these were over the boundary line - once more to this part of the parcel. Neither the Defendant GOTT, nor Paul Getty adequately allude to all the necessary prerequisites, i.e. for example, continuous presence, ten (10) year period; as to where the Deed line was and where they acted with specific examples on the rear parcel. Perhaps, this could be attributed to the absolute disregard or distaste these parties had for the established property lines of the Deed. No matter, once more, the claim of adverse possession to the rear square parcel fails.
This Court makes no award for costs as requested by Plaintiffs per RPAPL.
Supreme Court Justice
Dated: August 15, 2000
Buffalo, New York


text:
The International Lunar Exploration Working Group (ILEWG) was established in April 1995 at a meeting in Hamburg, Germany. As established in their charter, this working group includes representatives from many major space agencies around the world and is charged with developing an international strategy for the exploration of the Moon. One of the first tasks of ILEWG was to establish a communication mechanism, and their web page was the first step in that direction. On this page can be found the full charter of ILEWG and the Beatenberg Declaration, which was issued at an international meeting in Beatenberg, Switzerland in 1994. A database of interested parties and their specialties is posted in the Lunar Explorers Register unfortunately not updated a long time.
Every 2 years, the ILEWG organises a conference. These conferences called ICEUM, or International Conference on Exploration and Utilisation of the Moon have been organised 4 times now. 1994, 1996,1998 and 2000. During the last meeting, ICEUM4, the Lunar Explorers Society (LUNEX) was formed. Shortly after this conference, LUNEX started the difficult proces of establishing an organising structure and tried to keep the enthusiasm alive that was generated during the ICEUM4 in Noordwijk. A webpage was setup and ideas began to form on how to proceed. To keep in touch, inform the press of our existence, meet in person and to generate projects to work on in the near future, a conference was organised by LUNEX in Paris. This first LUNEX conference was held in Palais de la Découverte in Paris. Considering it was our first conference, it was quite a succes. Next to this conference many other events were attended, like the EGS conference in Nice and the LPSC conference in Houston where we presented ourself and our views at Lunar and Planetary exploration. Other than these large conferences we also did many other things like giving lectures at secondary schools, go to other local events organised by others, like the annual space day and a symposium organised by the Mars Society.
In the near future we are going to hold our 2nd LUNEX conference, organise a lunar base workshop and a series of lectures open to everyone. Also we are setting up a system where schools or symposium/conference organisers can "book" a speaker on a certain subject. We also try to support and help as many people as possible who are interested in doing or already doing projects or thesis in a lunar or space exploration related field. For more information about what we do, go to the relevant webpage or to future events and activities : calender of events


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my babies are dying and "gasping" for air - why?
Hi everyone, I'm the latest new member joining you from frigid Manitoba,Canada.
In the few minutes I've been looking around, it looks like this is going to be quite the interesting site to be part of.
Unfortunately, I have a bit of an "emergency" question that I am looking for help with ASAP. I'll start out with this warning though. I know NOTHING about fish. Ask me anything about horses, and I'll tell ya, but fish are not my forte! (yet)
Quick background - we have a 70 Gal tank that normally holds 4-5 fancy goldfish year round, and several pond fish throughout the winter that come in due to our very cold temps outside. This year though, our fish decided to get "intimate" and our tank #s increased from 9 to about 125. I managed to find homes for most of the offspring, but still had about 40 little guys, plus our regular fish. The local supply store told me that my filter would keep the water clean enough, as long as it was cleaned regularily - however, that was very wrong. One of my fish began having severe buoyancy issues quite quickly, which tipped me off that something was not right. Last night I cleaned the tank thoroughly, but only removed about 1/3 of the water (as was instructed by the aquarium store). This morning I awoke to no fish swimming up-side-down, but several floating in that direction. More than 1/2 of my little guys were dead, and the rest are all gathered at the top of the tank "gasping" for air.
Can someone please help me!! Is there anything that I can do here? Why are they doing that? I am still losing 1-2 babies per hour, and I want to stop the carnage. Could I have added too much aquarium salt? Did I not use enough? If they haven't been near death by now (24 hours later), will they recover? Should I take out more water and add fresh stuff, or is it the change in the tank that's causing this?
Your assistance would be fantastic!!
This Is Definatly A life threatening issue that needs to be corrected immediatly. The Cause of this problem is lack of aeration and nitrate/ammonia buildup you should upgrade your filtration immediatly but until then do partial water changes of 50% daily until that upgrade the fry should be heathy until then.
P.S. Feed The Adults Less but the fry more
Are you able to test your water so you know exactly what parameters your dealing with? The gasping is definitely an issue of oxygen depletion. That many fish in such a confined area is sure to be causing ammonia/nitrite spikes. As aquakid has stated water changes need to performed as often as needed in order to keep ammonia & nitrite levels down. Are you using a dechlorinater to the *new* water before you are adding it? I'm not sure I'd be using aquarium salt at this point in time. Hopefully someone else will be able to answer the salt question. I'm sorry this is happening.
Thanks so much for the quick responses. I'm sure the ammonia level is very high in there with that number of fish and unfortunately I was misinformed that the filter would take care of things. I only have a regular carbon filter in it which I have learned now will do nothing for the ammonia.
It appears the deaths have stopped for awhile. Those that are left are looking a little better. There is a smaller percentage at the surface. What I don't understand is, if this "gasping" is a sign of oxygen shortage then why are there signs only AFTER I changed the water (and diluted the ammonia) and not before. All was perfect yesterday (well, except for the upside-down Oranda).
I have quickly learned that fish are not as easy to take care of as the majority of the population believe!! but I am learning with help from people like you.
Thanks again for replying so quickly, and I look forward to reading up on stuff on this site and learning even more!
Have a great night!
somehow my reply post to your email didn't show up. This site is set up a lot different from the equine forum I'm part of so I'm probably not doing things quite right here.
So you say I'm safe to change 50% of the water in one change??? and so soon after the last change?? I always thought you had to keep water changes down to 30% max or the chemistry of the water would change too much, driving the fish into a "shock" state....much like I'm seeing now!!
Well, if that will work, I will get on another water change immediately.
And you are probably right.....no, I KNOW you are right about feeding them too much. I started overfeeding all of them when my large Japanese Koi started eating the head off my RedCap Oranda last year. I found that if they were fed more often, that he seemed to bother the Oranda less.
Thanks again for your quick response, and your advice.
Hopefully we'll talk again!
Hope it's warmer down there in Chicago!!
50% is needed if you're having huge spikes of ammonia/nitrites in order to keep them at bay. In an established tank weekly water changes of anywhere from 20 to 30% are advised. Are you using a dechlorinator to treat the water during water changes??
As aquakid has stated overfeeding is never a good idea. It's good that you're not doing that. Your poor RedCap...
I don't think it's a dechlorinator I put in the water when I do water changes, but it's a product called "Cycle", made by Hagen. It's supposed to reduce fish loss by releasing "massive amounts of beneficial bacteria into the aquarium. Each dose works to reduce dangerous ammonia and nitrite levels in the aquarium."
I live in a small town though, so the chlorine levels in our water are not as high as in the cities.
This is the first time ever that I have had a negative response to changing the water.
I have been watching the fish now for hours, and they are definitely improving. Even the ones that I would have categorized 2 hours ago as "goners" are now swimming upright and looking almost normal. I will do another water change first thing tomorrow morning.
Aunt Kymmie,
Well, I think perhaps my vast LACK of knowledge came out in my last note to you with my statement about the Cycle. Here I was thinking that the product name may not be familiar to you, but in reading a few other posts while flitting around here, I see that having your tank "cycled" is common terminology. HA!
I purchased my tank from a pet supply store 2 years ago, and at first they were very helpful, but a change in staff has left me struggling for assistance. The only place I have to go now for supplies and/or advice is Wal-Mart, and we all know how interested those 17-year-old-girls-that-would-rather-be-anywhere-else are in helping you.
I see many posts about testing the parameters of the tank. What kind of unit do I have to buy to be able to regularily test the ammonia, nitrite and nitrate component. I would like to monitor that more closely as I don't want today's events to reoccur, and I have also learned that Oranda's are very finicky fish, and are more difficult to keep. Is it simply just a kit, like a pH kit that I can buy at Wal-Mart?
The API master test kit is what is usually reccommended.
API master test kit is what i use and its pretty good. Otherwise u can shell out a little more cash and get those strips that test ur tank with just one dip.
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May 6, 2016
MIAMI, Florida -- July 21, 2012
A back to school health fair in Miami will offer free immunizations for children.
Jackson North Medical Center is hosting the event Saturday. The Miami-Dade County Health Department will be administering the immunizations to children whose parents bring their immunization record. There will also be free fingerprinting for children, certified technicians performing free car seat safety checks and representatives from poison control distributing information.
Hospital officials say adults can also receive free mammograms, glucose tests, cholesterol tests, blood pressure checks and other screenings. Medical staff will be giving educational seminars about weight loss surgery and breast health.
The event is free and open to the public. There will also be cooking demonstrations on healthy meal ideas.
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Harper is the author of three
New York Times bestsellers:
Letters to a Young Brother,
Letters to a Young Sister,
and The Conversation. Letters
to a Young Brother was named
"Best Book for Young
Adults" by the American
Library Association in 2007,
and to date, his collective
work has been recognized with
three NAACP Image Awards:
Outstanding Literary Work:
Debut Author (2007) and Outstanding
Literary Work: Youth/Teens
(2007, 2008).
currently stars on the hit
television drama CSI:NY as
Dr. Sheldon Hawkes; internationally,
for which he has been recognized
with three Image Awards for
Best Actor in a Drama Series;
CSI is the most successful
television franchise in history.
He has also appeared in numerous
prime-time television shows
and feature films, including
The Sopranos, ER, The Game,
Fresh Prince of Bel-Air, Lackawanna
Blues, He Got Game, The Skulls,
In Too Deep, The Nephew, and
The Visit. He is the founder
of the Manifest Your Destiny
Foundation, dedicated to empowering,
encouraging, and inspiring
underserved youth to succeed
through mentorship, scholarship
and grant programs.
graduated magna cum laude
with a B.A. from Brown University
(and was valedictorian of
his department) and cum laude
with a J.D. from Harvard Law
School. He also holds a master's
degree with honors from Harvard's
Kennedy School of Government.
Hill travels frequently as
a motivational speaker and
resonates with a wide range
of audiences including youth,
adults, and couples. Named
one of People's Sexiest
Men Alive, he lives in Los


text:
Reviews by pipalex
Deus Ex is still betterpipalex | Oct. 4, 2012 | Review of Deus Ex Human Revolution (1) - PC
The fact is, 2001's Deus Ex was an anomaly, which will never truly be surpassed or even replicated for quite some time. While this game is an admirable effort, it takes too much from new shooters (regenerating health, dumbed down character building) while not taking enough from the old games, or even coming up with new ideas. It improves in some areas like conversation systems, but too little too late. On top of that it has a weird orange tint that I couldn't be bothered to go find some user created mod to fix because I was so bored with the experience. Had this been new IP it would probably have been ground-breaking, but it will always be in the shadow of Deus Ex for me
The Brown Military Shooter I Enjoypipalex | Oct. 4, 2012 | Review of Battlefield Bad Company 2 Ultimate Edition - PC
Although the shooting in the game is pretty standard coupled with the Modern Warfare unlock system and few game modes, the destruction 2.0 mechanic makes it up for me. Most good camping spots can be blown up and it gives more tactical depth to a game that would not be good at all without it. It also adds a fun war movie feel to the game when everything is exploding around you and you don't even need Origin to run it. I'd say that's a win.
All you need to know is that you have a grapple hookpipalex | Oct. 4, 2012 | Review of Just Cause 2 - PC
Probably one of the best open world games I have ever played, and the only thing good about it is it's open world and the grapple hook system. The driving is pretty weird and floaty, the gun-play is terrible, and the 100% completion is just pure grind, but booting up this game and traversing the vast island and experiencing it's majestic scenery while grapple hooking and skydiving off a mountain is just pure bliss. It's almost like a tropical vacation simulator, and even for that alone it's worth it.
Unique take on Borderlandspipalex | Oct. 4, 2012 | Review of Dead Island - PC
Just after the release, this game was one of the worst console ports I've ever played; it was buggy as hell, had terrible frame rates, and the weird motion blur made me sick. However, when I went back to play it a year after with all the patches, it was a much more enjoyable experience, with the intense melee combat to spice things up. If this game had a deeper character customization system like Diablo II and an armour system it would be perfect.
A pretty decent first attemptpipalex | Oct. 4, 2012 | Review of Borderlands - PC
I enjoyed my first play-through for this game but after buying Borderlands 2 and seeing everything that it improves upon, this game is even more lacklustre. The only thing this game is better at is probably the menu, as its more pc friendly than that god awful one used in Borderlands 2. But for the price and if you have all the dlc, this game is pretty alright.
Misses some key ARPG things, still good in its own rightpipalex | Oct. 2, 2012 | Review of Borderlands 2 NA post - PC
As a fan of the original borderlands, Borderlands 2 is somewhat of a step-up from the original. The writing is "better" but is plagued by memetic jokes and references that didn't need to be there in the first place and serve only to annoy, not entertain. The game-play doesn't feel as fluid, action-packed, or as deep as an action rpg mainly due to the fact that this is a multi-platform release and not developed specifically for the pc where it could have worked much better (i.e. not fighting with terrible menus, more than one active skill, deeper character building). For the 36 dollars I got it for from Greenman Gaming, I find it was worth the money for what it is.
A game ahead of it's timepipalex | Sept. 11, 2012 | Review of Deus Ex Game of the Year Edition - PC
Chances are, you are not going to like Deus Ex on your first playthrough. Or even your second. You will have to get past an obtuse first person shooting style, weird AI, a few bugs and a crash here or there, and some truly awful graphics and voice-acting to get to the gem that lies underneath. When this moment hits, you will feel how well realised of a game world Ion Storm created in 2001. Any approach is viable, you can see the consequences of your actions play out in minor and major ways all layered between one of the greatest stories in video game history. A game truly ahead of it's time and a game that has not since been surpassed in depth and complexity.


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Top Definition
Slang term for abortion, when you really don't want to say the real thing. Perhaps in front of a prego, or your parents.
Man, was I ever relieved after I had that shmishshmortion.
ayon kay Bettie<3 ika-21 ng Hunyo, 2011
Isulat ang iyong imeyl adres sa ibaba upang makuha ang aming Libreng Urban Word of the Day araw- araw!
Ang mga sulat are galing sa firstname.lastname@example.com. Kailanma'y hindi kami magpapadala ng spam sa inyo.×


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April 30th, 2009 Cruz Velacuy
The Cruz Velacuy or to guard the Cross is a traditional festivity whose beginning to dating in the first decade of XVIII century. This traditional festivity is realized all years, the third day of May.
The reason for this festivity is to adore the cross, the practice used to be private and closer only into the family. Now the celebration is realized in open form, for all people and with big pomposity to difference how was celebrated in the past.
In the Catholicism world, the passion of Jesus is represented by the Cross, this element was using in the ideological fight, in the religion and submission of the natives. The extirpator of idolatries destroyed the Incas ceremonial places and put the cross over it for adore.
The new sign (the cross) was introduced in the worship by the Andean people like answer to the imposition. In this form it is given the syncretism between the Andean religion and the Europe religion.
This festivity has one person who manages, directs and finances, this person is the "Carguyoc o Mayordomo" who one year ago voluntarily accepted the post.
The crosses venerated can be mobile or unremovable.
The first king can be movement to differences part in procession, generally the material used for manufacture is the wood and the second king always is celebrated in the same place where is, because is not possible movement by the weight, the material used to manufacture is the rock or cement.
This celebration is realized the second day of May. Beginning with the movement the cross from the original place to the house of the Carguyoc, this part of the festivity is call "la bajada (the descent)" where with music and food people past the night to guard the cross.
The principle day, May three the cross is movement to chapel to celebrate a mass, a band of music accompanies the movement from Chapel to house of the Carguyoc where is served the food and drinks and the cross is put over a special prepared place. The next day in the end of the celebration, is realized "the farewell (la despedida)", the cross is return to the original place in the middle of drinks, food and dance.
For this article the used information belonged to Vicente Goyzueta.


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Gov. Daugaard's office sent this out to South Dakota media in advance of Laura Sullivan's three-part series, which concludes today. (MDR's intrepid editor Seth Tupper emailed me this document after my blog post was published.) The prebuttal is as much required reading as the NPR series itself.
Every state official who has dealt with Sullivan, including Secretary of Social Services Kim Malsam–‐Rysdon and Governor' Office Press Secretary Joe Kafka, has characterized Sullivan as being one‐sided and predisposed to a particular position, regardless of the facts.
Daugaard and his staff concluded correctly that NPR's stories would not be glowing, and they (p)responded to what they anticipated the focus would be – Daugaard's history as head of the Children's Home Society and that nonprofit's state contracts.
Part 2 of the series does focus on that, and as bad as it looks – and it looks bad by any objective measure – I think there are much more important aspects of NPR's coverage, both broadcast on All Things Considered and the more extensive online content.
The much bigger, longer-standing issue is whether South Dakota complies with the federal Indian Child Welfare Act and other laws, for example when social workers enter Indian reservations with which the state has no agreement and remove tribal children from their homes. The Crow Creek tribe threatened to prosecute for kidnapping in one case, NPR reported, and the children were promplty returned to their relatives.
Back to Daugaard, CHS and state contracts. This seems to me to be an unfortunate aspect of the story, almost a distraction from the ICWA issue. All of the unflattering facts are true: Dennis Daugaard was both lieutenant governor and CEO of CHS when the agency landed some big state contracts.
I'm guessing anyone who's been around South Dakota politics for very long probably had a similar reaction to my own: "I knew most of that already, but, yeah, when you say it like that it doesn't sound so good."
I've watched Dennnis Daugaard since his early legislative career, and to be frank, he won me over when he spent an entire legislative session trying in vain to pass some reforms for the state's juvenile corrections system after 14-year-old Gina Score died in the state's boot camp. To this day, you would have to convince me that he doesn't approach his work and his life by trying to contribute to the greater good. I've been disappointed by people before, but every interaction I've had with Daugaard reinforces those early observations.
Couple Daugaard's earnest nature with South Dakota's citizen Legislature and even our citizen lieutenant governors, and the intersection of his political office and his private sector job don't seem too remarkable to Rushmore State folks. It looks different to those hailing from bigger locales – and almost every place is bigger than South Dakota.
In his prebuttal, Daugaard et al point out the long-standing relationship between the Department of Social Services and CHS:
There is a long history of contracts between the State and Children's Home Society to provide services for children, beginning years before Governor Daugaard's association with Children's Home Society.
DSS has had contracts with Children's Home Society going back to 1978, when it was first licensed as a specialized group treatment home.
The relationship between DSS and Children's Home existed long before Dennis Daugaard was hired there, and the bigger issues with DSS, foster care and native children existed long before he was elected governor or even lieutenant governor. The NPR series reports a financial turnaround for Children's Home after Daugaard become its CEO and also lieutenant governor. That issue deserves more exploration, and no doubt that will come.
Overall, the tone of Daugaard prebuttal is defensive, but never moreso – and less credibly – than when it claims that, as lt gov, he had no authority over state employees.
None of the DSS officials mentioned were "subordinates" to Lt. Governor Daugaard during the Rounds Administration.
Daugaard was a part-time lieutenant governor. … Like a state legislator, a part‐time lieutenant governor serves during the two-month legislative session, but has another full‐time job. Lt. Governor Daugaard presided over the senate, offered advice to Governor Rounds, and occasionally led special projects for the Governor. He did not oversee any personnel, and had no direct influence over decisions made by DSS employees.
The Secretary of Social Services reported directly to Governor Rounds and to his Chief of Staff.
While technically true, every state employee knew who the lt gov was, and no doubt the Social Services folks who arranged those contracts knew who headed CHS. You simply cannot switch hats at the drop of one. During those years, Daugaard's head was doubly covered at all times. Those hats were surgically attached.
Even his own prebuttal points out how widely known his two jobs were.
Here's my hope, especially given my enduring belief in Daugaard's character. I hope that he acknowledges that the state contracts for CHS look bad, but I hope he then vows as governor to look into South Dakota's foster care system, our compliance with ICWA and our rate of taking children from their home – about 3 times that of other states.
I hope he works as hard at that as he worked as a young lawmaker to bring some reform to juvenile corrections. This time, he has a lot more power to affect change.
Certainly given his professional background, he is the right governor for the job. Given his personal nature, I hope, he is doubly so.


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Rick Nelson: Icon
1 CD / Capitol / 2014-06-03Tracks: Teenager's Romance, A; Be-Bop Baby; Stood Up; Poor Little Fool; Lonesome Town; Travelin' Man; Hello Mary Lou; Young World; Teenage Idol; Fools Rush In; Garden Party
Artists: Rick Nelson
Ricky Nelson was one of rock & roll's first teen idols, and arguably the first who rose to stardom through television. As a co-star on the family sitcom The Adventures of Ozzie and Harriet (where he a...continue...
Rick Nelson: Greatest Love Songs
1 CD / Capitol / 2008-01-15Tracks: Never Be Anyone Else But You; Poor Little Fool; Sweeter Than You; Again; Lonesome Town; Don't Leave Me This Way; I'm Not Afraid; Hello Mary Lou; So Long; Young Emotions; I Wanna Be Loved; Unchained M...
Artists: Rick Nelson
Author: Chris Isaak.
Decades before Chris Isaak, Ricky Nelson was the archetypal rockabilly-pop crooner of brokenhearted laments. This compilation does a fine job of anthologizing Nelson's earl...continue...
Rick Nelson: Greatest Hits [Capitol 2005]
1 CD / Capitol / 2005-12-27Tracks: Travelin' Man; Hello Mary Lou; Poor Little Fool; Lonesome Town; Believe What You Say; I'm Walkin'; Waitin' in School; Everlovin'; Fools Rush In; Teenage Idol; Stood Up; Be-Bop Baby; My Bucket's Got a...
Artists: Rick Nelson
This is the ultimate single disc collection that includes Ricky's three #1 single's 'Travelin' Man', 'Poor Little Man' and 'Garden Party'. Ricky was America's first...continue...
Personnel: Rick Nelson (vocals, guitar); James Burton (guitar).
Liner Note Author: Bill Holdship.
Author: Bill Holdship.
Photographers: Ted Allan; John Springer.
Although t...continue...
Rick Nelson: Greatest Hits [Capitol 2002]
1 CD / Capitol / 2002-02-12Tracks: I'm Walkin'; Be-Bop Baby - (single version); Stood Up; Believe What You Say - (single version); Poor Little Fool; Lonesome Town; I Got a Feeling; Never Be Anyone Else But You; It's Late; Just a Littl...
Artists: Rick Nelson
Personnel includes: Rick Nelson (vocals, guitar); The Stone Canyon Band.
Producers: Rick Nelson, Ozzie Nelson, Jimmie Haskell.
Compilation producers: Bob Hyde, James Ritz.
Rick Nelson: Legacy [Capitol] [Box]
4 CD / Capitol / 2000-11-21Tracks: I'm Walkin'; You're My One and Only Love; Teenager's Romance, A; Be-Bop Baby - (single version); Have I Told You Lately That I Love You - (single version); If You Can't Rock Me; Stood Up; Waitin' in ...
Artists: Rick Nelson
Personnel includes: Rick Nelson (vocals, guitar): Dean Martin, Don Everly, The Jordanaires, Sweet Inspirations (vocals); James Burton, Glenn Campbell, Dennis Budimir (guitar); Tom Brumley (steel guita...continue...