NEW Barisone Court Filing - 7/15/21

[ASB_Stars]

Which one of you dumbasses said “Beetlegeuse”? Seriously, don’t you know better, by now?

[trubandloki]

@ASB_Stars

Seriously, don’t you know better, by now?

Silly us took them at their word that they hated it here so much that they were not going to ever post again.
That is what we get for believing someone like that.

[eggbutt]

I wonder what legal action Jonathan Kanarek threatened to FORCE Barisone to allow Lauren Kanarek to live in the house?

[eggbutt]

I think it must have been me.

[YankeeDuchess]

@FitzE

My last reply to you:

Don’t bother. You are out of your depth. Like Trumpers, I see you think that you two are playing 5-dimensional chess and are ever so clever.

Nothing about that message (or the sputtering CYA back pedal about the time of day) was written in a “very lawyerly way”. It was, and this is just borne out by a plain reading, almost not even native English.

It was a regular, garden variety untruth that was then publicly exposed. That is all.

In the two sentences that I read, based on a strict literal reading, her message, posted by KM, did not actually say that CoTH had been subpoenaed or that CoTH had turned over names.

It very definitely implied both those things (is that what you mean by “plain reading”?), but did not, literally, state them. I was referring to the fine distinction between what was very clearly implied vs what was actually literally stated as a “lawyerly” distinction, akin to MBs civil lawyer stating, “Upon information and belief, …”

As a lawyer, is “plain reading” enough, or do you go by the literal statement? (Rhetorical; no need to respond).

[Knights_Mom]

Devil’s Advocate here: I don’t know how NJ does things, but for the record, in my state, if a person occupies a premises for over 30 days, they are considered a tenant even if their presence is illegal.

Also note: if the Dept of Buildings issues a vacate order in my state you must vacate and there is no remedy to remain in the premises.

[Angela_Freda]

@eggbutt

I wonder what legal action Jonathan Kanarek threatened to FORCE Barisone to allow Lauren Kanarek to live in the house?

And if it was an iron clad legal agreement of some variety, that Jonathon K would know how to get for his family member, why wasn’t that the coup de grace?
You’d think an upstanding legal type would have provided one of those, vs encouraging their family to be squatters… And/or resorting to threats to allow/keep them someplace they seem to want to stay, regardless of the state of the property, their feeling unsafe there, or their being welcome there.

[YankeeDuchess]

@eggbutt

So, leaving the property when he told her to, right?

If your drycleaner, dog groomer, grocer, etc, say they no longer want your business and to move on, do you stay and threaten, harass all on the property, threaten, make false allegations, or do you actually move on?

Have you actually read the brief? Or did you read it and consider it “fake news”? Bless your heart.

I have read the filing; thanks for posting it. If he gave her 30 days notice to vacate, it would be her responsibility to honor that, but even if she didn’t, it would be his responsibility to let the courts handle an eviction, rather than shoot her.

In all your searching of public court records, I would have thought you would have uncovered the records of his starting eviction procedures, if they existed.

Indeed, if he had given her 30 days to vacate on July 1, I would have expected that fact to appear on the filing you posted.

Aside from actual eviction procedures, how would you know whether he “asked her to leave”?

[Equkelly]

Welp when this thread inevitably gets shut down in the next few hours anyone who can play nice is welcome to come to Reddit to discuss it.

[trubandloki]

@YankeeDuchess

based on a strict literal reading

Should I read these posts “based on a strict literal reading”?

@YankeeDuchess

I really, really, really want to let my account go inactive, as I do not wish to participate.

@YankeeDuchess

They want me gone and I am happy to oblige.

@YankeeDuchess

I am confident that with me gone, all forums will settle down to civil and harmonious discussions.

@YankeeDuchess

I have ceased posting on the forum, including, but not limited to, the dressage Barisone thread.

[Knights_Mom]

I just tinkled myself.

[blue_heron]

Link please?

[YankeeDuchess]

@Angela_Freda

@eggbutt

I wonder what legal action Jonathan Kanarek threatened to FORCE Barisone to allow Lauren Kanarek to live in the house?

And if it was an iron clad legal agreement of some variety, that Jonathon K would know how to get for his family member, why wasn’t that the coup de grace?

It seems there was no written lease. In most jurisdictions, 30 days notice is still required.

Who said anything about an “iron clad legal agreement”?

[Equkelly]

@blue_heron

Link please?

I don’t have one because there’s not a thread about it yet but if someone wants to start one they’re welcome to. People here probably know more details about the case anyway. I’m just thinking ahead for when it inevitably gets shut down.

[FitzE]

Move the discussion to the thread on CE.

Lots of great, on-point legal stuff over there and no threat of behaviour targeted to derail and shut down the thread. It is refreshing.

[Sdel]

@MorganSercu

Was she though? Was there a signed lease or checks made out specifically for rent? I don’t know what it takes to establish residency in NJ and therefore what it takes to get someone to leave too.

Most places have a certain about of time in which the being allowed to couch surf entitles you to protected tenancy status, even without a signed lease, that can’t be removed without going through the eviction process. NJ laws tenancy laws are very tenant friendly and make the eviction process exceedingly difficult.

The timeline presented by MB was that she was allowed to stay as a guest but was told she couldn’t be a tenant…and then after she was there he got threatened by her father to allow her to stay as a tenant.

[trubandloki]

@Sdel

Most places have a certain about of time in which the being allowed to couch surf entitles you to protected tenancy status, even without a signed lease, that can’t be removed without going through the eviction process. NJ laws tenancy laws are very tenant friendly and make the eviction process exceedingly difficult.

The timeline presented by MB was that she was allowed to stay as a guest but was told she couldn’t be a tenant…and then after she was there he got threatened by her father to allow her to stay as a tenant.

But does any of that matter after the housing authority people (not going to go back and get the right title, sorry) say that the place is not habitable and that no one should be living there?

[Sdel]

@trubandloki

But does any of that matter after the housing authority people (not going to go back and get the right title, sorry) say that the place is not habitable and that no one should be living there?

Yes and no. I think they’d still have to let her back once the repairs were completed under tenancy or possibly face other legal infractions for not having adequate living conditions.

I assume she just ignored the vacate order or left and then came back later. They can’t sit there 24/7 to enforce it and people squat in condemned buildings all the time.

[eggbutt]

Let’s say I come to “visit” you and decide to stay. There is no document saying I am a tenant. You are saying you’d have to put up with me for at least 30 days while you went through the process of getting rid of me? Lovely!

[Angela_Freda]

@eggbutt

• During the encounter, BARISONE spoke expressly to the WASHINGTON
  TOWNSHIP Chief Building Inspector who was present that day (the “Chief Building Inspector”),
  who confirmed verbally to other WASHINGTON TOWNSHIP officials that Kanarek and
  Goodwin would not qualify as “tenants” at the Farm.
• Therefore, at that point in time, the defendants had actual knowledge that the
  occurrence at the Farm occurring since July 31, 2019, were not a “private,” “landlord-tenant”
  dispute they could sidestep to avoid taking non-discretionary action to intervene.
• Nevertheless, the defendants persisted, intentionally, in their disregard of the
  complaints being made against Kanarek and Goodwin by BARISONE, Gray and the other at the
  Farm.
• WASHINGTON TOWNSHIP issued orders that various living spaces occupied
  on the Farm were ordered to be vacated immediately until further notice, and that WASHINGTON
  TOWNSHIP would return later in the day to confirm whether BARISONE, Grey, Kanarek and
  Goodwin had, in fact, vacated the buildings.
• Having issued such an order, it was the duty and obligation of WASHINGTON
  TOWNSHIP to force Kanarek and Goodwin to vacate the Farm house; but when BARISONE
  requested that WASHINGTON TOWNSHIP do just that, WASHINGTON TOWNSHIP refused
  and directed BARISONE that it was his obligation to physically eject them.

Re Chief Building Inspector