Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Cart path closing (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/cart-path-closing-84885/)

PennBF 08-11-2013 08:22 PM

Question
 
Am not sure if this is appropriate and a good reason to have an Attorney BUT I always understood that if the public used a piece of private property and it was not closed at least one day a year it became a public access and the public had the rights to pass through it forever? You know that in NYC a lot of business's actually close a side walk one day a year to protect it against being made public property..Would like an attorney to see if this has any meaning in this case???:mad:

Dr Winston O Boogie jr 08-11-2013 08:26 PM

Quote:

Originally Posted by Bogie Shooter (Post 723772)
Are you assuming it was the Morses by chance?
Are there any real facts, other than a wall was constructed?


The wall is located on Villages property and prohibits carts from getting into a property that is owned by the Villages and in which an urgent care facility is located. So it is not, as has been suggested, been built to keep us from traversing someone else's property. If that were the case they would have simply put signs at the end of the road, before the assisted living center, saying, "No Golf Carts Beyond This Point" like they have in numerous other places in the Villages. The wall has been erected on Villages property. If the developer didn't put it there, whoever did would have had to have his permission.

Dr Winston O Boogie jr 08-11-2013 08:29 PM

Quote:

Originally Posted by buggyone (Post 723713)
The places that were cut off were NOT on Villages property. You live in The Villages. No place in The Villages was affected. Get over it!

Um.... the medical complex which contains several doctors offices and an urgent care facility is part of the Villages.

Dr Winston O Boogie jr 08-11-2013 08:31 PM

Quote:

Originally Posted by Bogie Shooter (Post 723772)
Are you assuming it was the Morses by chance?
Are there any real facts, other than a wall was constructed?

The wall is located on Villages property and prohibits carts from getting into a property that is owned by the Villages and in which an urgent care facility is located. So it is not, as has been suggested, been built to keep us from traversing someone else's property or to keep non Villagers out. If that were the case they would have simple had to put signs at the end of the road, before the assisted living center, saying, "No Golf Carts Beyond This Point" like they have in several other places in the Villages.

The wall has been erected on Villages property. If the developer didn't put it there, whoever did would have had to have his permission.

gocubsgo 08-11-2013 08:32 PM

Maybe an email to the TV stations as well. They would be very interested in something like this.

I just may do that...

bkcunningham1 08-11-2013 08:35 PM

Quote:

Originally Posted by Dr Winston O Boogie jr (Post 724143)
The wall is located on Villages property and prohibits carts from getting into a property that is owned by the Villages and in which an urgent care facility is located. So it is not, as has been suggested, been built to keep us from traversing someone else's property or to keep non Villagers out. If that were the case they would have simple had to put signs at the end of the road, before the assisted living center, saying, "No Golf Carts Beyond This Point" like they have in several other places in the Villages.

The wall has been erected on Villages property. If the developer didn't put it there, whoever did would have had to have his permission.

Quote:

Originally Posted by Dr Winston O Boogie jr (Post 724141)
Um.... the medical complex which contains several doctors offices and an urgent care facility is part of the Villages.

These are facts and are not that difficult to understand, IMHO.

Steve9930 08-11-2013 08:40 PM

Quote:

Originally Posted by bkcunningham1 (Post 724147)
These are facts and are not that difficult to understand, IMHO.

I'm glad I don't work in the office tomorrow. I'm sure some one is going to get an hear full all day long. Can't believe the wall will remain for long.

bkcunningham1 08-11-2013 08:42 PM

Quote:

Originally Posted by Steve9930 (Post 724153)
I'm glad I don't work in the office tomorrow. I'm sure some one is going to get an hear full all day long. Can't believe the wall will remain for long.

They will be earning their pay. That's for sure. I hope you are right about the wall.

:~)

Steve9930 08-11-2013 08:51 PM

Quote:

Originally Posted by bkcunningham1 (Post 724155)
They will be earning their pay. That's for sure. I hope you are right about the wall.

:~)

I read some post about rights of egress. There are some Florida Laws that may apply. Since this has been used over a number of years without any complaints from the owner. There could be a good legal case to remove the wall. What would be interesting is if the law suit would have more merit from outside the Villages. Internally the court may look at the a suit from inside the Villages as the owner's suing themselves. Lots of digging legally into what the Villagers sign when they purchased. In any case many dollars to settle in the courts if it came to litigation. Wish my expertise was the law as this would be an interesting fight. I always liked a good scrap now and then.

gocubsgo 08-11-2013 08:57 PM

newstips@clickorlando.com

Central Florida news...they would be interested in this.

bkcunningham1 08-11-2013 09:03 PM

Quote:

Originally Posted by Steve9930 (Post 724158)
I read some post about rights of egress. There are some Florida Laws that may apply. Since this has been used over a number of years without any complaints from the owner. There could be a good legal case to remove the wall. What would be interesting is if the law suit would have more merit from outside the Villages. Internally the court may look at the a suit from inside the Villages as the owner's suing themselves. Lots of digging legally into what the Villagers sign when they purchased. In any case many dollars to settle in the courts if it came to litigation. Wish my expertise was the law as this would be an interesting fight. I always liked a good scrap now and then.

I really hope it doesn't go that far. I hope whoever put up the fence decides to be a hero and takes down the fence.

Steve9930 08-11-2013 09:10 PM

Quote:

Originally Posted by bkcunningham1 (Post 724166)
I really hope it doesn't go that far. I hope whoever put up the fence decides to be a hero and takes down the fence.

I have the same wish. Progress Energy backed down quickly when they tried to close off the path between Wal-Mart and Aldis once they realized the amount of traffic through the area. That should be settled soon and the path will probably be improved.

redwitch 08-11-2013 09:15 PM

Quote:

Originally Posted by graciegirl (Post 723874)
None of this yet is ascertained as fact. It is all conjecture. But I see how a lot of people feel about other issues. I understand your surprise and frustration but what can now be done to make this a little easier?

None of us know FOR SURE why the path is closed but it is. Dr. Boogie, perhaps you will now drive your wife back and forth to work? Maybe car pools can be arranged. Maybe someone can drive others for a small fee? Redwitch, is there any other way, other than that path, any cut throughs beyond and behind? Perhaps when non drivers need to go to Lowes they can post on your neighborhood email? Also the same for visits to doctors? What percentage of people in those three villages do most think don't drive. Perhaps some church could make it an outreach project? With a few members of a church transporting people to and from maybe twice a week? Perhaps we TOTV'rs could arrange some kind of volunteer car transportation? Remember just that ONE area has been closed, those three older villages still have golf cart access to the rest of the entire villages property.

Gracie, this was the only golf cart accessible route. I doubt any of us want to constantly ask neighbors/friends/churches to give us a ride to all of the shops and services suddenly now inaccessible. How comfortable would you be asking someone to take you at least once a week to Lowe's?

Personally, I do believe that an easement was created and we have a large legal leg to stand on. Maybe my first calls tomorrow will be to a few attorneys I know, then to the media. (Lauren Ritchie may not be our friend, but she is most definitely not a friend of the Morses -- she may be a great resource in helping us on this one.) I'm not even sure it matters why the wall was put up. What matters is that the wall is up and the longer it stays up, the longer we lose any rights we may have to have it removed.

BK, why are we waiting to put out a petition? At whose request? What are they hoping to accomplish besides a possible delay tactic?

Removing the buffalo was well within the legal rights of the Morses but certainly wasn't handled well. Closing Orange Blossom again was within the Morses' rights but, again, wasn't handled well. Not sure this is entirely true this time but we shall see. Sadly, my gut feeling is that we will lose this one unless we can get that wall down within the week. Easements are tough to regain once lost.

OldManTime 08-11-2013 09:20 PM

Quote:

Originally Posted by Steve9930 (Post 724170)
I have the same wish. Progress Energy backed down quickly when they tried to close off the path between Wal-Mart and Aldis once they realized the amount of traffic through the area. That should be settled soon and the path will probably be improved.

All should keep in mind that the wall was built with the either the approval, or direct direction of Mark Morse. His motivation is not allowing villagers to shop outside "The Walls"............
Just past midnight during the night of August 12-13, 1961, East German soldiers and construction workers headed to the border of West and East Berlin" Does this sound familiar?

DougB 08-11-2013 09:28 PM

Quote:

Originally Posted by OldManTime (Post 724174)
Just past midnight during the night of August 12-13, 1961, East German soldiers and construction workers headed to the border of West and East Berlin" Does this sound familiar?

Can you spell h y p e r b o l e ?


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