Notes

Malicious Trespass - determine accuracy, and determine effort to achieve accuracy, and how location is determined.

• Procedure for fence?
• Where fence?
• Accuracy of fence? Pin it.
• For the fence, would you put the posts entirely on your side?
• If so, where will the barbed wire be located?
• Size of main posts and interim posts? Size of corner posts such as between paddocks?
• Were you planning on a dividing fence between 2 paddocks?
• Were you planning on adding other paddocks ie additional corner posts?
• Wherearkers? 1000 and 800 feet
• How do you mark amline between?
• Did you use a transit?
• Absolutely Straight or curved, bends?
• Walk me through provedure for determining where you will clear?
• Do you allege that Plaintiffs are preventing you from building your fence?
• How are they preventing you?
• Did you ask Plaintiffs for permission to remove some boundary trees?
• Do you want to remove trees entirely on Plaintiff's land?
• If there is a dead tree, how far in do you want to remove it?
• What size are the largest boundary trees in feet?
• What size are the dead ones?
• How many live boundart trees do you want out?
• How many dead ones?
• Can you explain if there is a dead tree, how close to the boundary it would have to be for it to be a risk for your proposed fence?
• If branches can fall on it, you mean that you would take out any dead tree whose branches are above the fence?
• Are you saying, that if there were a 40' tree with canopy 40' wide, you would want to take it out of the trunk were 20' away from the boundary?
• Ideally, say you could do whatever you want, how far in to our land would you clear?
• Are you still asking the court to allow you to do this?
• Did Mr. Jakubowski approach you to tell you to stop your work on Feb 29?
• What did you say to him?
• Who else was there?
• Did Mr. Logston say anything?
• Youemtioned to Mr. Jakubowski on the first day of tree line work - what did you say?
• Did you inform me I that you can go on his land to do fence work?
• Is the temporary injunction preventing you from building your fence?
• If permanent injunction were not granted, what would.you do with the boundary trees?
• What would you do with dead trees that are up to 20 feet into our property?
• What would you do with live trees that are 100% on Plaintiff's land, but branches are on your land?
• Ask specific cases of what would you do in 3 cases. Trunk on you, branches on you. Trunk on you, branches on us. Trunk straddling, dead or alive. Trunk 100% on plaintiff - branches on you, alive. Same, dead. How do you determine limit for distance from boundary for when you want to take out a live tree? How does that change for taking out a dead tree, if any?

Tube

• Where is it?
• How long is it?
• How much of it on your land?
• How much of it is on our land?
• Did you ask us for permission to locate it where you did?
• Are you saying that the tube is entirely on your land?

Excavator work day 1

• Where started, etc.

Euipment day 2-3

• What power equipment was involved? Dozer, backhoe, tracked skid, auger, chainsaw.
• How many machine hours on those days, any record?
• If no - roughly for the excavator on the 3 days?
• Roughly on the dozer?
• Roughly on tracked skid steer?
• What model chainsaw?
• How long does it take you to cut through a 12" diameter tree?
• How long does it take to cut through a 3' tree?
• Size?
• Model track hoe?
• Boom upward force or lift?
• Reach?
• Dozer model and size?
• Tractor pull or push?
• What are these tracks in this aerial?
• Draw the path of dozer on this picture?
• How many times did it go back and forth?

Bales

• What is the last haying date for Maysville?

Bales

• How do

you calculate bale yield for the parcel ?.

Flynn work

• Please take a look at Flynn receipt. Is that a true and accurate copy of receipt?
• Is this an authentic receipt?
• What was included?
• Was augering post holes included?
• Do you have other receipts, such as for the fence posts in the corner
• What are the three elements of a receipt ? What, cost, date.

Water

• Where is the hydrant for X Service located?
• How many hydrants are there connected to this service?
• How do you water the northern part of Tract?
• How do you water southern half?
• Point to North of Road part of Tract.

How do you water tract North of Road?

• Can you draw a boundary around northern tract? Southern tract?
• Are they fenced off from one another?
• Is there a gate between?
• How much did the events save you on water?

Cow Damages

• How did you calculate supplemental feeding damages
• What would it cost you to put up a temporary fence?
• What would a temporary fence look like?
• Cost?
• Labor?