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  1. Hello All, My wife and I rolled our entire life saving 401K into a ROBS to open up a restaurant with a large indoor kids playground. We found highway frontage property zoned commercial residential, performed due diligence inspections for 2 months and with no easements except the one the Electric Company has for 10ft on Northern property line, purchased the lot for $457,000. The owner financed us with $190,000 down. We donated the house on it to the fire departments and they ran training exercises for 3 weeks and burned it to the ground as agreed upon. The land consists of highland and lowland, in which we were just going to level it all creating 5.5 level Acres at the same elevation as the highway. We filed with Matsu Borough to subdivide into 2 parcels and it was granted. During the sell it was disclosed the low area has drainage problems and that was it, what low area doesn’t have some drainage problems? During spring breakup, we notice a large amount of water flowing into our property and soon realized the Alaska Department of Transportation was draining 8 lanes of roads and the 4 ditches between roads into this property thru culverts feeding each other. Water can’t flow past this property due to a road on the back side and it is not a wetland. We notified DOT we will be filling this properties low land with the highland and they said we need to engineer it to accommodate the water that flows onto it. We hired engineers to conduct a hydrology study and found that when they turned this highway from a 2 lane to an 8 lane 12 years prior, they are sending an additional 250,000 gallons of water to our Lot in a 24 hr, 10 year storm. We couldn’t engineer anything to take on this water without affecting the neighbors water table we felt, so we leveled our Lot by moving 25,000 yards of gravel, which raised the low area by almost 10 ft. We built a retention basin for any water that lands on our Lot from the sky so none of our surface water flows onto anybody. We also were worried our neighbors would get flooded and built a berm along the back of the neighbors lot to prevent them and the entire southern neighborhood from getting flooded with the highway stormwater. Now the stormwater remains in all of DOT ditches. DOT sent letters to neighbors and Borough officials saying our developments was reckless and will hurt everyone including their highway and I must remove my fill. I don’t have the money to remove my fill and why should I, it is my property.The DOT said water naturally flows to our land and it is in a low area. We said there is nothing natural about 8 lanes of asphalt, 4 man made ditches and culverts to direct the water. We have aerial photos, hydrology reports proving all this water didn’t all flow this way before their highway reconstruction. We said if they would have got a drainage easement when they reworked the road, we would have seen that recorded easement warning future buyers couldn’t develope and we would NOT have purchased this property. I understand that if this water flowed past my property I couldn’t just block it, I would have to allow it to continue, but it can continue to flow due to the elevated road on the back side of the Lot that was there before the highway was reconstructed. Basically I am just stopping it short from resting on my property. Before I spent $150,000 to move the 25,000 yards of gravel I offered DOT the overt unity to purchase this property for a catch basin and they declined.We have almost $400,000 cash into this property and will be foreclosed on in May where we can’t make payments. We can’t sell because we have to disclose the state demand letters to possible buyers and they walk away from it, real estate agents won’t list it till it’s cleared up. The DOT said they talked about this issue to the previous owners (sellers) and told them they needed to engineer the lot in accordance to the water shed onto it. We feel the sellers should have disclosed this, but also how can the highway department legally shed unfiltered Highway runoff water to private property? We don’t have $200,000 to litigate a case like this against the state. Do we even have a case base on Reasonable Use Drainage Law? Thanks, Josh
  2. Im not sure if reporting my exes violation of a restraining in another case is "custodial interference". Here are the facts: I have a long term protective order for myself and my daughter, my ex is only allowed supervised visitation with a professional supervisor, he has chosen not to exercise that right, he claims he cannot afford it. He makes 72,000 a year, that is unlikely. My custody case has been slow and I dont even have an interim child support order.He has filed an FED, a retaliatory DVPO, and for 100% physical and legal custody against myself, we also have a case in the court of appeals, so far I have been the prevailing litigant in all the cases, except of course the custody is ongoing and we are currently undergoing a full custody investigation. My exe's exwife also has a one year long term protective order for herself and her two children. They have a final order and she is starting to receive over between 1000-1500 monthly. He can only see the children in that case with 4 chosen court approved supervisors on Saturdays for 3 hours. Here's the problem, yesterday while out and about I stopped at a drive thru and as I was pulling around to leave I saw him (my ex who has the restraining orders) with his two children in the other case and none of the approved supervisors, he was there with his mom (who the judge said in open court could not be trusted to protect the children), his brother and I think his own father. It may seem benign, however its in clear violation of the restraining order. Do I just stay out of it? Let it blow up in the other mother's face. In my opinion it seems he clearly violates the restraining order and his other ex lets him. At the very least he can be badmouthing myself, thier mother, and he partner with unapproved supervisors, at worse new physical and mental abuse. This man is no angel, he has placed his daughter in a dog kennel to sleep, hit his son with wood trim for doors, and he has attempted to strangle myself and the other mother. Do I stay out of it or am I obligated to report the violation for child endangerment on the part of the other mother, father?
  3. I am owner of property and the prior owner with the help of my ex-business partner walked in, changed the locks and ex-partner moved into property. How do I get a court order so I can get Trooper help removing them
  4. I have a 5 yr old son who just met his father about a year and a half ago when I filed for custody. I now have full physical and legal custody in Alaska. His father lives in Seattle where we lived 2 /12 yrs ago. Judges order contains no specific parenting plan issues, except a rather accelerated visitation plan for a child of (then 3). We followed the first part of relationship building plan, traveling to seattle every 3 months last year at xmas 2013, spring break 2014, and summer 2014. The order also gives his father 3 phone or skype a week. He has used none of them the entire time. Additionally, he claimed he could not afford thanksgiving 2014 visit, and when I offered an alternative travel arrangements (which would have shortened his visit by a day) his response was only that I was trying to extort money out of him. In addition to having no contact with son for over a year, he did not acknowledge his recent birthday or last xmas. The order gave him 2 weeks last summer and 1 month this summer, adding two weeks each summer thereafter until 2 months are reached. The order was also based on the fact that he was a newly wed and stated"she is a great mother who will help supervise the visits". She has now divorced him and they are in a custody battle. Do I have a case to adjust the visitation order? For him to come to Alaska at least a couple of times to again begin to rebuild relationship with his son at a rate appropriate for a 5 year old? Or at least to shorten visit to Seattle to two weeks for the next couple years, and gradually increase by 1 week? Additionally, (tho not in order) father did not let me talk with son last summer, did not tell me who was taking care of him during dads work hours, and took son on a vacation wherein I had no idea what state or where my son was at last summer.
  5. I am recently divorced and was awarded sole legal and physical custody of our 3 y.o. daughter. Visitation for the father was to be arranged by the parents. After the divorce was final, my ex-husband threatenned the lives of myself and our daughter. I now have a year long restraining order against my ex-husband for myself and also on behalf of my daughter. I want to leave to leave Alaska to go to school for a program I have been interested in before the divorce. Do I have to have the court's permission to leave the State?
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