Lengthy court battle with The Way ends.....

[outofdafog]

Headlines July 6, 2005 Sidney Daily News

Beginning of article:

A lengthy court battle involving the Way International is apparently complete. Shannon Bottoms of Nashville, Tenn. will reportedly not contest an order by Judge John D. Schmitt in Shelby County Common Pleas Court.

The entry ends a case seeking access to two Way International cemetaries, The Way Woods and The Garden of Living Waters, by Bottoms and Douglas R. McMullan of Raleigh, Miss.

The lawsuit was originally filed Sept. 29, 2004 by the pair, claiming previous oral promises allowing access were not kept. Bottoms had a still born son buried in the Way Woods site in 1978, while McMullen claimed a right of access because he had friends buried there.

McMullen had been dismissed from the lawsuit as having no standing, Schmitt had ruled last December.

In his current ruling, Schmitt stated The Way International has the right to establish rules and regulations regarding the cemetary, and the rules and regulations are reasonable and necessary. However, Schmitt also ruled that Bottoms and her husband Dennis, have an easement to the burial plot and to the Way Woods site, but not the Garden of Living Waters, as she has no relatives buried there.

He also ruled no trust exists for access, as such a trust is required to be specific and in writing.

McMullan had been arrested three times for trying to enter the cemetaries without signing a waiver, which specified the sites were private property.

In his December ruling, Schmitt had thrown out McMullan's claim of right of access, stating oral statements, on which McMullan based his claim of right of access, were not enforcable.

He also ruled then that McMullan had no right to claim injury, since he had no relatives buried at either site.

While sustaining the right of Dennis and Shannon Bottoms to access to The Way Woods site, and to the burial plot, he also noted depositions showed neither parent had sought access between 1979 and 2003. He also noted that they disaffiliated themselves with the Way International in the mid-1980's.

In the most recent activity, attorneys for Bottoms have stated that Bottoms will not appeal the decision which allows her and her husband, but no non-relatives to visit.

[mstar1]

quote:

and the rules and regulations are reasonable and necessary.

Im not a lawyer but that sounds ridiculous to me. Reasonable?

Necessary? for what?

They are a pretty sad outfit, to deny people access to a cemetary and even more so to pay a lawyer to keep people away.

Pathetic.

[GeorgeStGeorge]

As I recall, the Way Woods and the burial plots do not abut a public thoroughfare, so access to them requires passage through TWI property. Even when "everyone was welcome at The Way," they had the right to protect the property from trespassers. And it's not unreasonable to surmise that there are, in fact, people who would deface the property or interfere with TWI operations if there were no restrictions to access.

George

[justloafing]

Sorry, I have never heard of a grave yard being off limits unless it was a family plot. As far as twi claiming it is there property. Sure it is but there are loved ones there. Yeah it may have been a verble agreement. Now take twi for its word They will trash this country and its laws until it bennifits them then they take full advantage of it.

It is a buisness folks. Make no mistake about it. They could give a crap about you or the people that are dead or alive there. My guess there are more dead people there than alive.

[vickles]

It looks like she won, right? Or am I misreading it.

[outofdafog]

From what I can understand from the article is that she and her husband do have access to her still born child's final resting place. But nobody else does.

[vickles]

Its a good thing then. One lawsuit for one family is not going to change things. But they did win for them.

[justloafing]

What about family (grand parents, cousins, brothers or sisters if they have any, aunts, uncles the list goes on. Yeah maybe a victory but a very shallow one. I am so glad they can visit please do not mistake me on that point.

[vickles]

A shallow victory yes but a victory going in the right direction, yes?

[justloafing]

vickles, Yes it is ;)-->

[excathedra]

quote:

While sustaining the right of Dennis and Shannon Bottoms to access to The Way Woods site, and to the burial plot, he also noted depositions showed neither parent had sought access between 1979 and 2003. He also noted that they disaffiliated themselves with the Way International in the mid-1980's.

the judge doesn't understand waking up from cults, do you think i'm right ?

[mstar1]

very good point ex--no he doesn't

[outofdafog]

This is the same judge (Schmitt) that recently was arrested in an adjoining county for drunk driving. This is the second judge in Shelby County who has been arrested for a DUI.

The other is the civil court judge (I better be careful because I have an eviction hearing in front of him on July 20. I manage a 110 unit apartment complex and at times have to appear before him for an eviction). He was sitting on the bench for several months wearing an ankle bracelet and passing judgement on other drunk drivers. DUH

[dmiller]

quote:

the judge doesn't understand waking up from cults, do you think i'm right ?

No he doesn't understand waking up from the dead.

[johniam]

quote:

This is the second judge in Shelby County who has been arrested for a DUI.

Must not be a lot to do in Shelby county now that Adolph's is gone. Wait! Yeah, they can go to twig! Oops.

[dmiller]

quote:

And it's not unreasonable to surmise that there are, in fact, people who would deface the property or interfere with TWI operations if there were no restrictions to access.

Now THAT is a REALLY good point George. Probably the only valid reason they have to keep folks out. Any other reason they may offer is just twi being mean-hearted to the folks they hold grudges against, regardless what they say to the press.

[Zshot]

There are two things that must be understood...

1. Verbal agreements are made between two or more honorable parties and they seldom extend past the death of one of the parties that made the agreement. twi and vpw had no honor. vpw is dead.

2. When courts are involved, you need a "paper trail". Verbal agreements/contracts are very seldom enforceable in courts.

[TheInvisibleDan]

Out of curiosity, have they considered looking into the possibility of having their son's remains removed and re-located to a different burial spot,- to a public cemetary of their choice ?

I don't know about anyone else here, but I sure the hell wouldn't want the unholy grounds of twi (along with its hard-hearted "caretakers")as a final resting place, for either myself or a loved one.

Danny

[rascal]

That would be a good idea if there were specific graves, but I think that most of the dead were cremated and the ashes scattered.

[LG]

The ruling is not a victory for Bottoms or a loss for TWI. It is an affirmation of what TWI's policy has been for several years. They're on solid legal ground.

[justloafing]

Well any place that I know of has insurance against desercration of graves or property. No big deal.

[justloafing]

They only went to court to keep people off of the property. If they had the choice they would not let anybody on.

[GeorgeStGeorge]

quote:

Originally posted by justloafing:

Well any place that I know of has insurance against desercration of graves or property. No big deal.

Banks have insurance against robbery. They ALSO have guards, locks, and lots of rules.

George

[Ham]

Well, one thing.. in all this, Der Vey has affirmed their rights to run- a cemetary.

[GarthP2000]

quote:

Originally posted by Mr. Hammeroni:

Well, one thing.. in all this, Der Vey has affirmed their rights to run- a cemetary.

Oh NOW they make it official!

:D--> ;)-->