Jomtien Condo Owners Sue For Sea View

[stopvt7]

You must be a fan of Hillary... she also doesn't know when to give up

It called Operation Chaos! Why should Hillary quit? She won 8 of the last 10 primaries. Hillary leads in the told democrats votes! Count all the votes!

We think the Admin Supreme court understand Issue 9.

The following is an English translation of the Supreme Administrative Court decision.1 of August 2007.

“Nevertheless, where No. 3 (8) under the Ministerial Regulation No. 8 (B.E. 2519) issued by the virtue of the Building Control Act B.E. 2479 amended by the Ministerial Regulation No. 9 (B.E. 2521) issued by the virtue of the Building Control Act B.E. 2479 prescribed that the 200 meter line measured from the construction control line shown in the map annexed to the Royal Decree promulgating the Building Control Act B.E. 2479 governing Tambol Bang Lamung, Tambol Nhong Plalai, Tambol Na Klue and Tambol Nhong Prue of Ampur Bang Lamung Chonburi Province B.E. 2521 on the seaside shall be restricted from constructing of any building exceeding 14 meter high from road surface. Therefore, if the Construction Permit No. 162/2007 dated 28 November 2006 granted by the Defendant No. 1 to the Defendant No. 2 should appear to be unlawful against the Ministerial Regulation thereto as being claimed by the ten plaintiffs, the Court of First Instance should have sentenced this point of being unlawful, i.e. the judgment shall be focused on the permission of construction the building exceeding height limit by the Defendant No. 2. Whilst the Administrative Court of First Instance ordered the provisional measure to cease construction before judgment, the building’s base rocks were built, the construction did not reach the height limit of 14 meter above the road surface. Where the Administrative Court of First Instance issued the order of provisional measure to effect temporary protection by ceasing the entire construction is, therefore, in excess of what reasonable under the circumstances.

The Supreme Court, therefore, gives an order to amend the order of the Administrative Court of First Instance. That the Defendant No. 2 shall cease the construction performed, under the Work Permit No. 162/2007 dated 28 November 2007, on the part exceeding 14 meter height. On a temporary basis until the Court has ordered otherwise.

Mr. Vorapoj Visarutpich

Judge of Supreme Administrative Court

Mr. Amnaj Singgovin

Chief Judge of the Supreme Administrative Court

Mr. Vichai Chuenchompoonuj

Judge of Supreme Administrative Court

Mr. Paiboon Siengkong

Judge of Supreme Administrative Court

Mr. Udomsak Nimitmontri

Judge of Supreme Administrative Court”

[lookat]

Do you think the Administrative Supreme Court Judges read Issue 9 map? They must of to make the statement “appear to be unlawful against the Ministerial Regulation thereto as being claimed by the ten plaintiffs”

I’m waiting to read their next court decision!

[ThaiBob]

Do you think the Administrative Supreme Court Judges read Issue 9 map? They must of to make the statement “appear to be unlawful against the Ministerial Regulation thereto as being claimed by the ten plaintiffs”

I’m waiting to read their next court decision!

Like stopVT7, your quote was out of context. Of course, the missing operative word is "IF".

[ThaiBob]

Dear ThaiBob

As JaiDeeFarang would said "the expert witness a <deleted> WIT and a 7th grade lawyer" did divide the 200 meters in half.

There is no where on the map it change the written instruction of Issue 9. The map defines the sea side the construction control line to be found at MSL. The map shows "<deleted> WIT and a 7th grade lawyer" the borderline area cover by the regulation. You measure from MSL one direction onto the land! Read Isse 9and chedk the map:

The "Ministerial Regulation Issue 9 (B.E. 2521) "No 3. To specify the area within the 200 meters measurement from the construction control line see the map..........at the seaside in which the following constructions shall not be built:

Building of 14 meters higher than road level."

Or are you like the 7th grade lawyer a expert witness who not able to read a map?

Thanks for posting the map again. Unlike others who are in denial, I have no problems in reading the map and understanding it. Hey stopVT7, don't you wish you could get an eraser or some "white-out" and simply remove that big bold restricted construction borderline then you might have a case!

By the way, I see you couldn't resist adding your little emoticon ( ), mocking the expert witness (an agent of the Court) whose only crime is he holds an opinion different than your own. I think that says a lot about a person's character.

[Tammi]

[. And the only people, who disrespect the law are stopVT7 people. Nobody want to listen to bunch of farangs, who want to protect their seaview.[/font][/size]

Well now, this topic is over 1.300 posts, so it would seem that quite a few people want to listen.

[OhdLover]

[. And the only people, who disrespect the law are stopVT7 people. Nobody want to listen to bunch of farangs, who want to protect their seaview.[/font][/size]

Well now, this topic is over 1.300 posts, so it would seem that quite a few people want to listen.

All they have to do is disable the copy/paste-function.

This thread would be only 400 posts, unless somebody would be willing to type the

same posting over and over again, letter by letter, word by word.

[stopvt7]

Thanks for posting the map again. Unlike others who are in denial, I have no problems in reading the map and understanding it. Hey stopVT7, don't you wish you could get an eraser or some "white-out" and simply remove that big bold restricted construction borderline then you might have a case!

By the way, I see you couldn't resist adding your little emoticon ( ), mocking the expert witness (an agent of the Court) whose only crime is he holds an opinion different than your own. I think that says a lot about a person's character.

Dear ThaiBob

Some posters are like <deleted> WIT and they not able to understand the map or read the English translation on Issue 8 and 9. Also these are the people who think you measure from “borderline area” not from the construction control line at the sea side to be found at MSL. They also believe, as the so called expert witness, you divide the 200 meter in half and measure 100 meters into the sea before you measure 100 meter onto the land from MSL.

Your question “don't you wish you could get an eraser or some "white-out" and simply remove that big bold restricted construction borderline”. No, The words on the map are “Borderline of the Construction Restricted Area” and this outline the area that Issue 9 is applies on the map. It has nothing to do with the “200 meters measurement from the construction control line see the map..........at the seaside.” You measure from MSL onto the land!

By the way we do not think the expert witness committed any crime! We never started call him a “<deleted> WIT and a 7th grade lawyer” . That was your friend JaiDeeFarang who said “The expert witness is a <deleted> WIT and a 7th grade lawyer” . The expert witness can be wrong and we like a change to question him!

The stopvt7 group respect the Thai courts and waiting the decision from the Admin Supreme Court.

Compare Issue 8 and 9 maps to the “Area” covered by the regulations. The “Borderline of the Construction Restricted Area” is marked in blue!

[ThaiBob]

Thanks for posting the map again. Unlike others who are in denial, I have no problems in reading the map and understanding it. Hey stopVT7, don't you wish you could get an eraser or some "white-out" and simply remove that big bold restricted construction borderline then you might have a case!

By the way, I see you couldn't resist adding your little emoticon ( ), mocking the expert witness (an agent of the Court) whose only crime is he holds an opinion different than your own. I think that says a lot about a person's character.

Dear ThaiBob

Some posters are like <deleted> WIT and they not able to understand the map or read the English translation on Issue 8 and 9. Also these are the people who think you measure from “borderline area” not from the construction control line at the sea side to be found at MSL. They also believe, as the so called expert witness, you divide the 200 meter in half and measure 100 meters into the sea before you measure 100 meter onto the land from MSL.

Your question “don't you wish you could get an eraser or some "white-out" and simply remove that big bold restricted construction borderline”. No, The words on the map are “Borderline of the Construction Restricted Area” and this outline the area that Issue 9 is applies on the map. It has nothing to do with the “200 meters measurement from the construction control line see the map..........at the seaside.” You measure from MSL onto the land!

By the way we do not think the expert witness committed any crime! We never started call him a “<deleted> WIT and a 7th grade lawyer” . That was your friend JaiDeeFarang who said “The expert witness is a <deleted> WIT and a 7th grade lawyer” . The expert witness can be wrong and we like a change to question him!

The stopvt7 group respect the Thai courts and waiting the decision from the Admin Supreme Court.

Compare Issue 8 and 9 maps to the “Area” covered by the regulations. The “Borderline of the Construction Restricted Area” is marked in blue!

Same old, same old. Nothing new here.

"You measure from MSL onto the land!"... to repeat myself, no where does Issue 9 say to measure 200 meters from the MSL. Some day maybe there will be an Issue 10 that will say to measure 200 meters (or 300 or 400 or ?) from the MSL but until that day.......Sorry !

"By the way we do not think the expert witness committed any crime!".....No one said you did. However, the expert witness is just a guy doing his job; represented neither you or the City and was part of the judicial process. When you show him disrespect (e.g. ), you are showing disrespect for the entire process.

[stopvt7]

"By the way we do not think the expert witness committed any crime!".....No one said you did. However, the expert witness is just a guy doing his job; represented neither you or the City and was part of the judicial process. When you show him disrespect (e.g. ), you are showing disrespect for the entire process.

BS! You people call the expert witness a “<deleted> WIT and a 7th grade lawyer”. Then we are to respect him for says stupid things. Like you measure into the sea 100 meters before you measure 100 meters onto the land!!! Also he claims these equals 200 meters from MSL onto land a 100 meters from MSL??? Myself I think the expert witness doesn’t understand maps!

I like this little guy he makes me smile ever time I see him!

[Tammi]

[. And the only people, who disrespect the law are stopVT7 people. Nobody want to listen to bunch of farangs, who want to protect their seaview.[/font][/size]

Well now, this topic is over 1.300 posts, so it would seem that quite a few people want to listen.

All they have to do is disable the copy/paste-function.

This thread would be only 400 posts, unless somebody would be willing to type the

same posting over and over again, letter by letter, word by word.

This topic is now over 1,383 posts and the number of posts has nothing to do with coying and pasting. If people are posting the same information over again it is because some other people just cannot grasp the concept that it is ridiculous to measure from MSL and it is ridiculous to measure 100 metres into the sea and then 200 metres back towards land. It is also ridiculous to say that Thai courts will not give justice to foreigners residing or visiting Thailand.

Edited May 25, 2008 by Tammi

[Pattaya_Fox]

Could someone who knows please update us as to when the nest appeal or hearing is being held?

Thanks.

[stopvt7]

Could someone who knows please update us as to when the nest appeal or hearing is being held?

Thanks.

The Admin Supreme Court does not have hearings. You do the whole appeal in writing and you may read our appeal at: http://stopvt7.blogspot.com/

VT7 and Pattaya City Hall filed their reply to our appeal on 8th of May. The Admin Supreme Court now has all the legal arguments needed and we expect the ruling very soon.

[ThaiBob]

"By the way we do not think the expert witness committed any crime!".....No one said you did. However, the expert witness is just a guy doing his job; represented neither you or the City and was part of the judicial process. When you show him disrespect (e.g. ), you are showing disrespect for the entire process.

BS! You people call the expert witness a “<deleted> WIT and a 7th grade lawyer”. Then we are to respect him for says stupid things. Like you measure into the sea 100 meters before you measure 100 meters onto the land!!! Also he claims these equals 200 meters from MSL onto land a 100 meters from MSL??? Myself I think the expert witness doesn’t understand maps!

I like this little guy he makes me smile ever time I see him!

Don't try do put words in JaiDeefarang's mouth and use them to your own advantage (see marekm1's post). All you had to say was we disagree with expert witness and for the following reasons. People might have more respect for you and your position. Enough.

[lookat]

You people call the expert witness a "<deleted> WIT and a 7th grade lawyer". Then we are to respect him for says stupid things. Like you measure into the sea 100 meters before you measure 100 meters onto the land!!! Also he claims these equals 200 meters from MSL onto land a 100 meters from MSL??? Myself I think the expert witness doesn't understand maps!

I like this little guy he makes me smile ever time I see him!

Don't try do put words in JaiDeefarang's mouth and use them to your own advantage (see marekm1's post). All you had to say was we disagree with expert witness and for the following reasons. People might have more respect for you and your position. Enough.

Your group stirs sh-t and then you dislike the smell you made! Expert witness who want respect should act respectful.

[jpm76]

Has StopVT7 got a court date yet? That is what is important - if after all this, the court rules in favour of the Pattaya City Hall and the expert witness and the first judge and VT7, will the issue be finally laid to rest by StopVT7? Just let us know when you expect a court date? I keep hearing it is coming this month, next month, but Xmas is also coming...

[ThaiBob]

Has StopVT7 got a court date yet? That is what is important - if after all this, the court rules in favour of the Pattaya City Hall and the expert witness and the first judge and VT7, will the issue be finally laid to rest by StopVT7? Just let us know when you expect a court date? I keep hearing it is coming this month, next month, but Xmas is also coming...

See stopVT7 post #1385. There is no hearing or court date. I would guess the ruling on the appeal is made by either a letter, FAX, phone call to the lawyers. Per VT7, the ruling on the appeal should be forthcoming since the City/VT7 has filed their reply to the appeal. Should the appeal be denied I believe the Rayong Court still has to make it's final ruling so the stopVT7 group could also appeal that ruling. I guess if the appeal is granted then construction would stop again pending the Rayong Court's final ruling. I don't know if this is right, it's just a thought what might take place.

[AsiaCheese]

Or are you like the 7th grade lawyer a expert witness who not able to read a map?

... and another set of typo's ...

... Apart from some of your admirors...

Uhm, care to run the above though a spell- [or a spill-] checker & edit the post? Last time I looked, it was typos and admirers.

I don't quite get the point in bickering over linguistic details, when the issue at hand is slightly larger...

[lookat]

Dear ThaiBob

You Said “Should the appeal be denied”? The sopvt7 appeal was accepted by the Admin Supreme Court that why City/VT7 has filed their reply to the appeal. You can read VT7 court reply to the Stopvt7 group at: http://stopvt7.blogspot.com/

Quote from VT7 reply: “Mr. Pornsak Piyakamolrat, the Civil Engineer 7, who is the proxy of the defendant no. 1 testified that the Ministerial Regulation No. 8 (B.E 2519) and Ministerial Regulation No. 9 (B.E. 2521) issued under the Construction Control Act B.E. 2547 are both enforced and in effect. Ministerial Regulation No. 8, Clause 3, the 100 meter starts from the construction restriction area appeared in the map annexed to the Royal Decree B.E. 2499. Ministerial Regulation No. 9, later on, issued to extend the measuring distance to 200 meter from the construction restriction area appeared in the map annexed to the Royal Decree B.E. 2521 which outward into the seashore. The 100 meter distance according to the Ministerial Regulation No. 8, and the 200 meter prescribed under Ministerial Regulation No. 9 are, therefore, the same point.

According to the Royal Decree B.E. 2521 the construction restriction area shall be extended by 100 meter from the shoreline at MSL. The MSL is the natural highest sea tide. The building of defendant no. 2 is about 205 meter far from the construction restriction area according to the Ministerial Regulation No. 9.”

The Expert Witness is not a expert but a “proxy” for Pattaya City Hall! Why would the court ask and accept a proxy as a expert witness? This is crazy! Your Lawyer Amnat of Asia LawWorks accepted a proxy as a expert?? Did you understand this? Do you think the stopvt7 group was had by Asia Lawworks?

proxy: 1) the authority to represent someone else, especially in voting. 2) a person authorized to act on behalf of another. 3) a figure used to represent the value of something in a calculation.

[stopvt7]

We did not know the so call expert witness was a “proxy” for city hall. I was totally shocked when I read the translation! How could our attorneys Asia LawWorks accept a court order proxy and not tell us? City hall testifing as the court expert witness? Totally shocking!

Who in hel_l could ever trust Asia LawWorks to represent them ever in a court case if this is ture? If this is the type of work they do? Totally shocked! The judges expert witness was never described as a proxy for city hall.

Department of Civil Engineer and City Planning sent a letter to the court dated letter date 19th June 2007 which was signed by Mr. Surapol Pongthaipattana. In this letter we learn that Issue 8 and 9 are NOT the same alignment at the construction control line at the sea side. The following quote is from this letter: “specify the alignment of Ministerial Regulation Issue 8 (B. E. 2519) and Ministerial Regulation Issue 9 (B. E. 2521) are not the same alignment. The Ministerial Regulation Issue 8 (B. E. 2519) had not specified the measurement be taken at MSL but in accordance with the Ministerial Regulation Issue 9 (B. E. 2521) it specified the measurement of the alignment of the coast line be taken only at MSL.“

Compared this with the quote from VT7 reply: “Mr. Pornsak Piyakamolrat, the Civil Engineer 7, who is the proxy of the defendant no. 1 testified that the Ministerial Regulation No. 8 (B.E 2519) and Ministerial Regulation No. 9 (B.E. 2521) issued under the Construction Control Act B.E. 2547 are both enforced and in effect. Ministerial Regulation No. 8, Clause 3, the 100 meter starts from the construction restriction area appeared in the map annexed to the Royal Decree B.E. 2499. Ministerial Regulation No. 9, later on, issued to extend the measuring distance to 200 meter from the construction restriction area appeared in the map (What???) annexed to the Royal Decree B.E. 2521 which outward into the seashore. The 100 meter distance according to the Ministerial Regulation No. 8, and the 200 meter prescribed under Ministerial Regulation No. 9 are, therefore, the same point."

The Department of Civil Engineer and City Planning in Bangkok does not they know that their so called experts are saying? One said this the other said that, so now we know that they don't have expert?

[lookat]

The Upcoming Supreme Admin Court decision we be a “truth to money” decision?

Which will win is going to have a large effect on investment in Thailand. If the truth wins Thailand wins but if money wins the Thai poeple lose. These upcoming decision will have a big effect on how foreigner companies and governments will look at the law in Thailand. Because the king set up this new court to fight corruption!

This case is going to be a very big test for the king’s new court system.

[OhdLover]

The Upcoming Supreme Admin Court decision we be a "truth to money" decision?

Which will win is going to have a large effect on investment in Thailand. If the truth wins Thailand wins but if money wins the Thai poeple lose. These upcoming decision will have a big effect on how foreigner companies and governments will look at the law in Thailand. Because the king set up this new court to fight corruption!

This case is going to be a very big test for the king's new court system.

Exactly who in this whole case is corrupt? I've seen you and stopvt state time after time that you dont want to accuse certain people of corruption, but over and over again you "suggest" corruption is the case.

Because the king set up this new court to fight corruption!

So, please enlighten us and give us some names!

[JaiDeeFarang]

I cannot understand the childish games, the lack of education and the poor English coming from the stopVT7 camp. To take my comments out of context and use them to suit their needs sums up the intelligence of this lot. All along they have been stating in a sarcastic, disrespectful manner that the "so called" expert witness is a a 7th grade lawyer. If you say something or someone is "so called" you are undermining credibility and basically calling them incompetent, just because he doesn't agree with what you say doesn't make the expert witness incompetent

stopVT7 have no case, there is no case, nothing has changed since the 16th January, there is no new evidence to support your appeal, which you say will not have a hearing. How on earth can you translate Thai court documents, when you do not even have the slightest grasp of 5th grade English.

Lookat, it's about time you got an opinion of your own and a life to go with it, all you are is stopVT7's lap dog who barks on command with some jumped up piece of drivel and nonsense about anti-corruption and foreign investment. The bottom line is you don't want to lose your seaview, just admit it rather than saying this case is for the good of Thailand.

StopVT7, please stop copying and pasting your ludicrous claims continually, this thread has gone on for far too long and there are too many pages of your rubbish all saying the same thing. Unless you have new evidence give it a rest. You cannot change the course of justice by simply trying to brain wash everyone into believing what you say is true. How high is VT7 now? last time I looked it was 12 storeys, do you honestly think it will be knocked down? Think again and have a word with yourself!

[Taijitu]

.......To take my comments out of context and use them to suit their needs sums up the intelligence of this lot. All along they have been stating in a sarcastic, disrespectful manner that the "so called" expert witness is a a 7th grade lawyer. If you say something or someone is "so called" you are undermining credibility and basically calling them incompetent, just because he doesn't agree with what you say doesn't make the expert witness incompetent

Lookat, it's about time you got an opinion of your own and a life to go with it, all you are is stopVT7's lap dog who barks on command with some jumped up piece of drivel and nonsense about anti-corruption and foreign investment. The bottom line is you don't want to lose your seaview, just admit it rather than saying this case is for the good of Thailand.

StopVT7, please stop copying and pasting your ludicrous claims continually, this thread has gone on for far too long and there are too many pages of your rubbish all saying the same thing. Unless you have new evidence give it a rest. You cannot change the course of justice by simply trying to brain wash everyone into believing what you say is true. How high is VT7 now? last time I looked it was 12 storeys, do you honestly think it will be knocked down? ........

Well said, JaiDeeFarang. Enough is enough.

Also, loss of their sea view is the bottom line in all of this. An old friend, who has lived in Jomtien Complex Condotel since it was built, admits that the crusade being waged by StopVT7 is a waste of time and he, and many other owners, concede that VT7 will prevail.

[stopvt7]

Dear OhdLover and JaiDeeFarang

We read your BS! Everyone knows you dislike the facts of the case. Also, you are investors in VT7. You have no concern about the Thailand beach or the law protecting the beach!

We respect the Admin Supreme Court and we are waiting the their decision.

[Wiresok]

Does anybody know how old the expert witness is.

What was he doing when the issue 9 was written,was he involved in its writing.

Was he even around at the time.

The answer to this would certainly help determine my view of his "expert " credentials

[ThaiBob]

Dear ThaiBob

You Said “Should the appeal be denied”? The sopvt7 appeal was accepted by the Admin Supreme Court that why City/VT7 has filed their reply to the appeal. You can read VT7 court reply to the Stopvt7 group at: http://stopvt7.blogspot.com/

Quote from VT7 reply: “Mr. Pornsak Piyakamolrat, the Civil Engineer 7, who is the proxy of the defendant no. 1 testified that the Ministerial Regulation No. 8 (B.E 2519) and Ministerial Regulation No. 9 (B.E. 2521) issued under the Construction Control Act B.E. 2547 are both enforced and in effect. Ministerial Regulation No. 8, Clause 3, the 100 meter starts from the construction restriction area appeared in the map annexed to the Royal Decree B.E. 2499. Ministerial Regulation No. 9, later on, issued to extend the measuring distance to 200 meter from the construction restriction area appeared in the map annexed to the Royal Decree B.E. 2521 which outward into the seashore. The 100 meter distance according to the Ministerial Regulation No. 8, and the 200 meter prescribed under Ministerial Regulation No. 9 are, therefore, the same point.

According to the Royal Decree B.E. 2521 the construction restriction area shall be extended by 100 meter from the shoreline at MSL. The MSL is the natural highest sea tide. The building of defendant no. 2 is about 205 meter far from the construction restriction area according to the Ministerial Regulation No. 9.”

The Expert Witness is not a expert but a “proxy” for Pattaya City Hall! Why would the court ask and accept a proxy as a expert witness? This is crazy! Your Lawyer Amnat of Asia LawWorks accepted a proxy as a expert?? Did you understand this? Do you think the stopvt7 group was had by Asia Lawworks?

proxy: 1) the authority to represent someone else, especially in voting. 2) a person authorized to act on behalf of another. 3) a figure used to represent the value of something in a calculation.

"During the hearing on 28 March 2008 at 10.00 a.m., the defendant no. 2 was also informed by the Court of the provisional relief measure in the same hearing."......apparently there was a hearing on March 28? I was not aware of that.

I didn't see anything mentioned about an expert witness in the City's and VT7's reply ( http://stopvt7.blogspot.com/ ). Mr. Pornsak Piyakamolrat's testimony was clearly identified as representing the City of Pattaya. The expert witness who testified on January 16(?), Khun Surapol, is not the same person and so far he is the only identified expert witness in this case. Why didn't the stopVT7 group hire their own expert witness to support their case?

[Tammi]

.......To take my comments out of context and use them to suit their needs sums up the intelligence of this lot. All along they have been stating in a sarcastic, disrespectful manner that the "so called" expert witness is a a 7th grade lawyer. If you say something or someone is "so called" you are undermining credibility and basically calling them incompetent, just because he doesn't agree with what you say doesn't make the expert witness incompetent

Lookat, it's about time you got an opinion of your own and a life to go with it, all you are is stopVT7's lap dog who barks on command with some jumped up piece of drivel and nonsense about anti-corruption and foreign investment. The bottom line is you don't want to lose your seaview, just admit it rather than saying this case is for the good of Thailand.

StopVT7, please stop copying and pasting your ludicrous claims continually, this thread has gone on for far too long and there are too many pages of your rubbish all saying the same thing. Unless you have new evidence give it a rest. You cannot change the course of justice by simply trying to brain wash everyone into believing what you say is true. How high is VT7 now? last time I looked it was 12 storeys, do you honestly think it will be knocked down? ........

Well said, JaiDeeFarang. Enough is enough.Also, loss of their sea view is the bottom line in all of this. An old friend, who has lived in Jomtien Complex Condotel since it was built, admits that the crusade being waged by StopVT7 is a waste of time and he, and many other owners, concede that VT7 will prevail.

There have been days (weeks?) when there has been no posts and then someone asks what is happening and StopVT7 kindly replies and then those who have interests in seeing VT7 built start jumping on StopVT7 for his English. Those people should back off and do what StopVT7 has said time and time again that he is happy to do - wait for the Court's decision.

Recently a developer in Bangkok was ordered to remove floors from condominiums so I would say that it could certainly happen at VT7.

What is happening at Hua Hin? Any buildings over 14 metres within 200 metres from the seashore?

[stopvt7]

Does anybody know how old the expert witness is.

What was he doing when the issue 9 was written,was he involved in its writing.

Was he even around at the time.

The answer to this would certainly help determine my view of his "expert " credentials

The so called expert witness had nothing to do with the writing of ether Issues 8 or 9. He mite be forty?

We have drafting minutes for Issue 8 below from the government:

Meeting on the Drafting of Ministerial Regulation No. 8

“There have been several amendments made during the Meeting on proposals to the Ministerial Regulation No. 8 B.E. 2518 issued under the virtue of Building Control Act B.E. 2479 , i.e.

.Article 2, the first meeting prescribed “The road along the edge of the sea” means the road that one side connected to the sea does not exceed 50 meters from building construction restriction line.”

The meeting held later on further amended “setting of 100 meters from the construction control line referred to the map annexed.”

.Article 4, “Within the distance of 50 meters from the road along the edge of the sea, the following types of buildings are not permitted to be constructed.”

(8) Building of 14 meters above the road surface.

This was later amended to read “The area of 100 meters measured from the construction control line according to the map annexed, from the sea towards the shore shall not be permitted to construct the following types of buildings”

(8) Building of 14 meters above the road surface.

Further amendment was to delete the wording “towards the shore” since the wording was clearly understood, then the following wording was used instead “to fix the 100 meters measured from the construction control line according to the annexed map at the sea shore that building of the following types are not permitted for construction”

During the meeting, the Chairperson questioned the person who proposed this amendment that if the amendment shall take advantage on villagers who have only small piece of land on the sea shore for not being to optimize the use of land plots. The person who made this proposal answered that “minority must be sacrificed for the majority ”

“The amendments were consented by the meeting because the meeting wanted to protect the beach by controlling the construction which may impact the natural look of sea beach area.”

The so called expert witness never answer any question about the drafting minutes. Or did he use Issue 8 and 9 map in his testimony. He made statements in writing without any evidence to support his report to the court.

His written report did not answer the court order question. Which asked the location of VT7 building from the seashore. The judge had to ask him in court where the building was located from MSL at the sea shore and he answered 103 meters.

Remember this same so called expert witness, when asked at a earlier court hearing in August, did not know the answer when asked about the Issue 9 map. The question was if you measure into the sea from MSL before you measured onto the land. This is why we question him as a so called expert!

[tropiccapricorn]

I suppose the whole thing boils down to let`s be rich today, who cares who will be sorry tomorrow.

When I see that monster slowly creeping up, I really can not see any way by which it could be

reduced to 14 m. I suppose, the final decision probably was made, when the building stop was lifted.

[lookat]

evidence: 1) information or signs indicating whether a belief or proposition is true or valid. 2) Law information used to establish facts in a legal investigation or admissible as testimony in a law court. >verb be or show evidence of.

You mean the so called expert did not use any map as evidence to support his claims in his write report to the court or at the January 16 court hearing?

A map would be a fact or evidence to explain his claim sense he testified he did not know at a early court hearing. Ho, how could he use a map as evidence since the map doesn’t say to measure into the sea a 100 meters from MSL before you measure onto the land a 100 meters.

Did the Rayong court accept a pipe dreams as so call evidence? Where was your lawyers during the court hearing? Does not Thailand have rules for evidence in court?