[TVMayor]

Originally Posted by dewilson58

What a small world...............I had a cat, its name was Duke and it had tons of energy.

What are the odds??

I remember your cat. He was a pussy. He let other cats trespass in his territory.

[Steve9930]

Originally Posted by rubicon

Steve in all due respect I think when it comes to Duke Energy the cat's out o the bag

What I know about the subject neither Walmart or Duke wants the liability. The Stonecrest POA in the beginning got the two sides together and then backed away to let them hash it out. There used to be updates on the negotiations from our POA. What happened to open this can of worms again? It went cold for a long time. Then there was a group that did a lot of volunteer work to improve the path. Did this bring this to forefront again? They moved the improvements as close to the Walmart fence as possible. The reason I thought was that Duke did not want people that close to the substation. If the Duke legal department believes some how they legally now have the liability by defacto they will close that path. I would have expected an internal memo that indicated anyone discussing this made it perfectly clear that people that used the path were trespassing. I've been involved with things like this in the past and as long as no one says something wrong, people just turn a blind eye. Once they believe it legally becomes a problem then Duke will have no recourse but to act on it. This is why I indicated do not talk to Duke and ask questions about the path because if some one gives out the wrong info its over. If I were Duke I would put a sign that indicates this is Duke Property and the path can be used at your own risk. Does not totally exonerate them from liability but gives them an argument should some one take them to court over the an incident. Guess I'll just have to see what's up when I get back down South. Not happy with any of this. Is there a new No Trespassing Sign put up by Duke that indicates no trespassing violators will be prosecuted? If so then you use that path and would be subject to arrest if they also informed the local law enforcement they want it up held. Closing this path has no positives associated with it.

[Allegiance]

Originally Posted by Rapscallion St Croix

Said one with skin in the game to those without.

Those with skin in the game should be silent to protect their own interests, those that have no interest need to ask yourselves, with all the things to do in the villages why do I read and comment on something for which I have no interest/skin?

I get it, first rule of Fight Club, right? - YouTube

[ColdNoMore]

Originally Posted by Steve9930

I'm already looking at alternatives as I don't believe people know when not to kick the sleeping dog. I like being able to get to Lowes, Aldi's, Cracker Barrel, and the Doctors offices via Golf Cart. This almost came to a head with Duke about 2 years ago but the dog went back to sleep. When they did all the improvements although a definite improvement, I was afraid it might wake the Dog. Now it appears people are shaking the Duke tree again. Duke will be put into a corner and will have no choice but to act. This would be a big negative blow not only to Stonecrest and Spruce Creek but all the people in the Historic part of the Villages that work or shop at Walmart. Never good to wake the dog.....

That's exactly what I said in the other thread about the trail a week ago, when someone mentioned calling Duke Energy about it.

https://www.talkofthevillages.com/fo...3-post121.html

Originally Posted by ColdNoMore

I would advise against that.

The only thing 'they' can tell you (if 'they' are smart)...is that the signs speak for themselves.

I think the smarter course of action would be for those who use it, to continue to do so, keep quiet and wait until such time (if it happens) until access is physically blocked...or folks start getting tickets.

Sleeping dogs and all that.

That's my $.02 on it.

[circletrack]

Originally Posted by dewilson58

Thank you Clark. ;-)

If you or anyone else is interested in talking to people with the internal memo, here is the information:

Thank you for contacting Duke Energy Florida.

We apologize; we feel your concern regarding the Golf Cart Path access in The Villages would be best handled over the telephone.

Please contact Builder Services from 7:00 am to 6:00 pm Monday through Friday toll free at 866-372-4663 for immediate assistance. .

We apologize for any inconvenience this may cause you.

Best Regards,
Anita G.
Customer Care Specialist
Duke Energy Florida

Seems like they want to avoid a written statement floating around.

[dewilson58]

Originally Posted by circletrack

Seems like they want to avoid a written statement floating around.

Yep. Corporate America. We will have to let it play out. They don't want carts on their property, but they have to figure out how to accomplish that objective.

[Steve9930]

Originally Posted by ColdNoMore

That's exactly what I said in the other thread about the trail a week ago, when someone mentioned calling Duke Energy about it.

https://www.talkofthevillages.com/fo...3-post121.html

Looks like they did not listen well........

[Barefoot]

Originally Posted by Steve9930

If the Duke legal department believes some how they legally now have the liability by defacto they will close that path. Once they believe it legally becomes a problem then Duke will have no recourse but to act on it. This is why I indicated do not talk to Duke.

Good advice, but it seems people will continue to poke the sleeping giant.

[Allegiance]

Originally Posted by Barefoot

Good advice, but it seems people will continue to poke the sleeping giant.

Stupid is as stupid does, Mrs. Blue... - YouTube

[rubicon]

Originally Posted by Steve9930

What I know about the subject neither Walmart or Duke wants the liability. The Stonecrest POA in the beginning got the two sides together and then backed away to let them hash it out. There used to be updates on the negotiations from our POA. What happened to open this can of worms again? It went cold for a long time. Then there was a group that did a lot of volunteer work to improve the path. Did this bring this to forefront again? They moved the improvements as close to the Walmart fence as possible. The reason I thought was that Duke did not want people that close to the substation. If the Duke legal department believes some how they legally now have the liability by defacto they will close that path. I would have expected an internal memo that indicated anyone discussing this made it perfectly clear that people that used the path were trespassing. I've been involved with things like this in the past and as long as no one says something wrong, people just turn a blind eye. Once they believe it legally becomes a problem then Duke will have no recourse but to act on it. This is why I indicated do not talk to Duke and ask questions about the path because if some one gives out the wrong info its over. If I were Duke I would put a sign that indicates this is Duke Property and the path can be used at your own risk. Does not totally exonerate them from liability but gives them an argument should some one take them to court over the an incident. Guess I'll just have to see what's up when I get back down South. Not happy with any of this. Is there a new No Trespassing Sign put up by Duke that indicates no trespassing violators will be prosecuted? If so then you use that path and would be subject to arrest if they also informed the local law enforcement they want it up held. Closing this path has no positives associated with it.

Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction

So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts

[Dr Winston O Boogie jr]

Originally Posted by Rickg

No trespassing means no trespassing. I think Duke energy has protected themselves somewhat. Will they prosecute those who violate, that's yet to be seen

I doubt that anyone will be prosecuted. My thought is that Duke is simply protecting themselves against lawsuits resulting from someone being injured on their property while not creating a public relations nightmare for themselves.
Golf carts are still using the path every day. I'm sure that they are aware of this and have not taken measures to stop the traffic. Otherwise, they would have put up b arriers in order to prevent people from using the path.

[graciegirl]

Originally Posted by rubicon

Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction

So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts

And well presented too.

I have learned so many things from your posts over time and I think it was you who used the term "red herring" and if I remember it right, I looked it up and it was about diverting the issue to another, or trumping up a portion of an argument.

Many have said that it is a huge issue that many cannot drive cars and closing that path would severely limit their ability to work and get to the doctor. I have great sympathy for that argument, but again refer to Billethekids constant argument that the needs of the majority are usually addressed for many good reasons. I wonder just how many would truly and honestly fit into the category of not being able to get to work or to the doctor if they explored all options. Moving? Learning to drive? Having two cars? Using a cab? Asking a friend or their church for help? Carefully managing their money?

I think it is convenient for many. There is the golf cart bridge that can take them to other doctors, other grocery stores. Of course I am talking about residents of The Villages as I type.

I think I will stop there. Haven't yet had my coffee.

I read many posts on this forum and continue to learn from the wisdom of others.

[Nucky]

Originally Posted by Barefoot

Good advice, but it seems people will continue to poke the sleeping giant.

Originally Posted by Allegiance

Stupid is as stupid does, Mrs. Blue... - YouTube

So I suppose the smart thing would be to use the path until someone gets charged with trespassing. Not the way I choose to operate. The Sleeping Giant's message is not Crystally Clear and neither are the posters on this thread. We are off the path for now awaiting further developments. Stupid would be not trying to find the answer to something that I have a question about.

[Steve9930]

Originally Posted by rubicon

Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction

So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts

Yes, I totally understand legally what would happen if they were drawn into a lawsuit. Deep pockets are always a target. I worked on their end. But here is what makes me scream. Everything was great with crossing there. Not one problem. Now it was not the greatest route but it was a route. A few years ago someone started this because they had some damage to their cart and thought Duke should pay. That woke the beast. Now here you are trespassing, you damage your cart while you are trespassing, and believe its the owners fault and should pay for your damages, Really? I thought this was settled and faded back into the wood work. I'd like to know who and why they woke the beast up? If the path is closed it will definitely be an inconvenience to a lot of people. Yep, I understand their dilemma very well. Just lucky Mr. Brown is not a corporation or there would be no path at all.

[Allegiance]

Originally Posted by Nucky

So I suppose the smart thing would be to use the path until someone gets charged with trespassing. Not the way I choose to operate. The Sleeping Giant's message is not Crystally Clear and neither are the posters on this thread. We are off the path for now awaiting further developments. Stupid would be not trying to find the answer to something that I have a question about.

You are certainly a "Law and Order" type person and I commend you.