Norman's Tater Blog

In Memory of Mike Broce

2011-09-02T17:39:00.000-07:00

2007-07-12T18:23:00.000-07:00

In the Circuit Court of Pocahontas County, West Virginia

Pocahontas County Solid Waste Authority, Plaintiff

Vs.

David Allen et als Civil Action # 07-C-30(P) 9 July, 2007

Motion to Dismiss #2 Plaintiff fails to specify Remedy

Now comes John Leyzorek, Defendant Pro Se, and respectfully moves that the instant Complaint be dismissed with prejudice, because the Plaintiff seeks to make the Court party to its proposed abuse of the Court and of the Defendants by asking it for an unlimited “hunting license” to pursue unspecified sums of money from the Defendants.

The Sixth Amendment to the U.S. Constitution, and Article III-14 of the West Virginia Constitution recognize and guarantee any defendant’s right to know the charges against him, and no element of a charge can be more important than its gravity, which in the case of a monetary demand, is the amount claimed.

The means used by the Plaintiff for calculating the sums allegedly owed are also matters of dispute, as well as the regulations or laws under which the debt is alleged. Plaintiff’s failure to specify in the Complaint the sums allegedly owed is also a subterfuge by the Plaintiff to trick the Court into granting a seeming of legitimacy to the entirety of claims which require detailed scrutiny.

On these bases the Plaintiff’s instant suit is fatally defective, and should be dismissed, and with prejudice because of its repugnant attempts to deceive the Court and violate the rights of the Defendants.

John Leyzorek, pro se defendant is not an attorney, and recognizes and admits his ignorance of many fine points of law and procedure, but respectfully asserts an understanding of the principles of justice and of his rights and of the merit of his defense against the claims of the SWA.

He respectfully demands as his right recognized in Cottrell v Cottrell, Bush v Hammer, and others, the indulgence and assistance of this honorable Court, wherever his research or his knowledge of procedure may be deficient but he attempts in good faith to make a valid point or to assert a right, or wherever a valid defense or a right exists of which he is ignorant.

He reserves the right to edit this filing to correct errors or add supporting material.

obits

2007-06-12T08:31:00.000-07:00

Candidates for Durbin Town Council

2007-05-21T18:10:00.000-07:00

Sheila Himes

Kim Wimer

Melissa Rexrode

The Plat for Howe's for Roger

2007-05-10T19:58:00.000-07:00

Where the Propane Tank IS

2007-05-10T14:53:00.000-07:00

Durbin Water Drinkers

2007-05-07T13:29:00.000-07:00

Take a look at the testing lab for your water supply.

The Missing CD's

2007-05-04T10:46:00.000-07:00

Superintendent Refunds FOIA payment to Alderman

2007-05-03T11:35:00.000-07:00

Bridge Over Troubled Water

2007-05-02T13:51:00.000-07:00

Unpermitted Fill at Minnehaha

2007-05-01T06:47:00.000-07:00

They Charge These People a Sewer Fee

2007-04-19T09:34:00.000-07:00

Violations at Howe's Leather--Lewisburg Drinks from This

2007-04-19T09:20:00.000-07:00

These are copies of the state reports after the investigation in August of last year. It was only with great effort we were able to get DEP to even inspect the wastesite. But they did send a four person team up there and completely walked the site.

Jack Fleshman did admit that they test only for the presence of chromium not the miltivalent versions of Chromium III which is harmless and Chromium VI which is a cancer causing agent. So it can safely be said that, despite testing, DEP does not know what the condition of the chromium which has been pumped into the Greenbrier River. Canoists, swimmers, and others use the Greenbrier for leisure. Lewisburg and Hinton both get their water from the Greenbrier. Yet, DEP's record is that of spotty and almost nonexistence surveilance of the situation. This has been going on for nearly 12 years.

After we had a series of local reports that in addition to the chromium, that transformers containing PCB's had been buried at Howe's. It was then that DEP finally came to Howe's for a look. To date, many months later, they have yet to conduct any core drilling of the fields where the transformers are supposed to have been buried despite the fact that we uncovered a very suspicious area where they transformers are supposed to have been buried.

I personally conducted a core sample myself. I found that a one inch plastic pipe penetrated the ground at the spot with hardly any resistance at all which would indicate the presence of a cavity or low resistance material at the spot. Yet my offers to DEP to let them test my sample have been rejected. They claim that they will take their own if necessary.

But as it stands, it hasn't seemed necessary to them.

Now, on the very same site as where the transformers full of PCB's are supposed to have been buried someone is plowing up the ground. Now the ground, which had been in sod grass, is exposed to the elements which can result in erosion and leaching of the material.

So it goes to say that nobody seems to be guarding the henhouse. For some reason DEP has chosen to turn a blind eye to a deadly waste dump at Durbin, the very head of the Greenbrier River.

How can this be? Does Walt Helmick who was once supervising this site and was instrumental in getting Howe's Leather to turn over the property to the county for a sum of $250,000 be involved in any way? Well, I think so!

What about the people of Lewisburg? Are we going to let them be poisoned by this material? We'll see!

I am sending this email and the enclosed attachment photos to as many places as possible with the hope that someone will listen to our cries in Pocahontas County! If nothing else, when this does rise to the surface at least we will have a record that someone raised a red flag.

Please help us! Anyone?

If you want to see the actual photos of the contamination, go to etater.com

A Tribute to Chris Reeser

2007-04-17T21:26:00.000-07:00

Howe's Mess

2007-04-17T21:01:00.000-07:00

The Shinaberry Website--An Incredible Pocahontas Site

2007-01-26T17:41:00.001-08:00

The Shinaberry Website.
Includes large records of births in the 1800's.

2007-01-25T19:01:00.001-08:00

2007-01-25T19:00:00.000-08:00

2007-01-25T18:59:00.000-08:00

2007-01-25T18:58:00.000-08:00

2007-01-24T21:22:00.000-08:00

2007-01-24T21:17:00.000-08:00

Sharp Family 3

2007-01-24T21:11:00.000-08:00

Buckeye School

2007-01-24T21:08:00.000-08:00

Sharp Family 1

2007-01-24T21:06:00.000-08:00

Bear Hunters 2

2007-01-24T21:01:00.000-08:00

Sharp Bear Hunters 1

2007-01-24T20:59:00.000-08:00

5 Generations of Sharps (circa. 1940)

2007-01-24T04:48:00.000-08:00

Left to right

James Alexander Sharp b. 26 Jul 1859 Fairview, Pocahontas Co Va
d.29 Oct 1947 Marlinton WV
Mary Catherine Sharp b. 16 Aug 1880 Marlinton WV d. 12 Oct 1969 Barboursville WV

Charlie Sharp b.13 Nov 1899 Marlinton WV d. 08 Jul 1974 Elkins WV

Earl Sharp b.30 Mar 1924 Marlinton WV d.23 Oct 2006 Roanoke Va

Phyllis Ann Sharp 01 Aug 1943

Pic taken about 1944

The Letter Reta and James Don't Want You to See

2007-01-24T04:45:00.000-08:00