LakeRacer

Hey phknlwyr! You know any attorneys out this way who might specialize in government real estate leases or concession contracts?

We're having a knockdown dragout fight with a marina out here who is operating on AZ state land.

I'm looking for a lawyer because we might have to take this fight to the next level.

RJ1340

Yellow pages?

fund razor

Call the bar association in AZ and tell them what you need.

They'll give you a few choices in that location/specialty.

Havasu Cig

Art,

Did something happen after we recieved the letter from the state?

If anybody can refer a good lawyer it would be much appreciated by your fellow performace boaters. The only good ramp at Havasu is being operated by a nazi that hates performance boats but since he is on State owned land he is in violation of his lease to provide public launch services.

Hydrocruiser

PM phknlwr next time and ask for a phone number to discuss this or ask if there are any attorneys here that could "PM you in regards to a personal legal matter". It is a good policy not to discuss your personal legal matters on an open forum on the internet. Any material here can be subpoenaed and the board moderators don't need to be involved in doing your dirty laundry and you don't want your case known outside of "attorney client privilege" which protects you. This forum allows sensitive material to potentially get into the wrong hands.

You always get an attorney before the "knockdown drag-out fight" by the way.
Don't be offended as this is very good legal advice for free.

Havasu Cig

I am sure LR appreciates the advice but it is not a personal matter. It is regarding restricting the use of a public ramp to performance boats.

Hydrocruiser

Sorry, I figured it was a personal thing. Unless it's in writing.....

Phknlwyr

Without seeing a lease, I would only guess that there is a "use clause" that dictates how the land may and may not be used. If other boats are launching from the ramp of similar size - i.e. length, beam, draw - it would stand to reason that he is unreasonably restricting performance boats from using the ramp. For example, if a 33ft CC with a single outboard launches, but he then denies access to a 33ft twin engine performance boat, what could be the reason for the denial? Government leases usually have clauses in them whereby the lessee agrees not to engage in discriminatory practices; however, performance boaters are not a protected class. By protected class I mean a minority, individual with a handicap, and the like.

I have the name of an attorney in AZ that I know and trust. If the ramp operator continues to refuse access to the ramp, go to court, get an injunction to force the ramp operator to allow you to use the ramp (assuming your boat is appropriate for the ramp) and be done with it. What could ramp guy argue? Are there noise restrictions in the area? Is it up to him to protect you from launching your boat where the water may be too shallow? Or is the guy just a Napoleon with a ramp, sticking it to you? Forego a fill-up of two on the boat (for legal fees), get your injunction, and smile to the guy as you launch week after week knowing that he cannot do anything about it.

Hydrocruiser

Hope it all works out. If you nip it in the bud this season you will be all set for '05.

Semper Fi

Havasu marina.....

3 years ago you could launch anything, even a 51 Outerlimits with huge power
2 years ago you could only launch a powerboat below 36'
now you can only launch a powerboat if your are below 32' (might be 30')

The manager of the marina is a complete ass. He has some personal vendetta against these boats, and it's been geting worse. I was going to buy a house in Havasu last year to keep my boat at (33' V-bottom) Now I refused to buy there because of the B.S. at the marina. Yes there are other ramps there, but they are not sheilded from the wind or water like the marina is. These other ramps are shallow--where you can damage your boat.

Lake Havasu is finally waking up!!!!! They are realizing that when people don't come from California, Nevada and other states, they are losing alot of money. Arizona is actually persuing this. I think over 65% of the homes there are bought by California residents. That # is declining because of the crap at the marina. Until that crap gets fixed, I don't spend my money there.