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Joined: Feb 2001
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Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
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First, I do not like the lady and liked her father even less.
There is a covenant in place which went with the property purchased by the lodge which the airplane was violating and had been.
You would be surprised at the variety of land holdings on property owned prior to statehood. Covenants that were applicable on navigable waterways of the US? Navigable is different if you do not own the beach. (from the plane's perspective)
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Jan 2011
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Campfire Regular
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Campfire Regular
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I assume if the plane sightseeing operator broke some "covenants", he would be fined as well. Covenants are not criminal, that would be civil. If one breaches a covenant, it could land in court and if guilty, a fine could be levied by the court. Apparently neither any criminal or civil charges have been filed against the flight service. Do you know otherwise? Do you know the specifics of this covenant?
For those without thumbs, it's s Garden fookin Island, not Hawaii
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Joined: Jan 2011
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Campfire Regular
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Campfire Regular
Joined: Jan 2011
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First, I do not like the lady and liked her father even less.
There is a covenant in place which went with the property purchased by the lodge which the airplane was violating and had been.
You would be surprised at the variety of land holdings on property owned prior to statehood. Covenants that were applicable on navigable waterways of the US? Navigable is different if you do not own the beach. (from the plane's perspective) More gobbledygook
For those without thumbs, it's s Garden fookin Island, not Hawaii
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Joined: Feb 2001
Posts: 50,636
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,636 |
First, I do not like the lady and liked her father even less.
There is a covenant in place which went with the property purchased by the lodge which the airplane was violating and had been.
You would be surprised at the variety of land holdings on property owned prior to statehood. Covenants that were applicable on navigable waterways of the US? Navigable is different if you do not own the beach. (from the plane's perspective) More gobbledygook gob·ble·dy·gook [ˈɡäbəldēˌɡo͞ok] NOUN INFORMAL language that is meaningless or is made unintelligible by excessive use of abstruse technical terms; nonsense: Ten words in the definition and yet johnn finds it excessive... Both brain cells rubbing together as rapidly as possible...
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Feb 2001
Posts: 50,636
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,636 |
I assume if the plane sightseeing operator broke some "covenants", he would be fined as well. Covenants are not criminal, that would be civil. If one breaches a covenant, it could land in court and if guilty, a fine could be levied by the court. Apparently neither any criminal or civil charges have been filed against the flight service. Do you know otherwise? Do you know the specifics of this covenant? Missed this somehow.... no, the court cannot fine you for breaking a private covenant.
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Jan 2011
Posts: 1,773
Campfire Regular
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Campfire Regular
Joined: Jan 2011
Posts: 1,773 |
First, I do not like the lady and liked her father even less.
There is a covenant in place which went with the property purchased by the lodge which the airplane was violating and had been.
You would be surprised at the variety of land holdings on property owned prior to statehood. Covenants that were applicable on navigable waterways of the US? Navigable is different if you do not own the beach. (from the plane's perspective) More gobbledygook gob·ble·dy·gook [ˈɡäbəldēˌɡo͞ok] NOUN INFORMAL language that is meaningless or is made unintelligible by excessive use of abstruse technical terms; nonsense: Ten words in the definition and yet johnn finds it excessive... Both brain cells rubbing together as rapidly as possible... More nonsense, typical
For those without thumbs, it's s Garden fookin Island, not Hawaii
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Joined: Jan 2011
Posts: 1,773
Campfire Regular
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Campfire Regular
Joined: Jan 2011
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I assume if the plane sightseeing operator broke some "covenants", he would be fined as well. Covenants are not criminal, that would be civil. If one breaches a covenant, it could land in court and if guilty, a fine could be levied by the court. Apparently neither any criminal or civil charges have been filed against the flight service. Do you know otherwise? Do you know the specifics of this covenant? Missed this somehow.... no, the court cannot fine you for breaking a private covenant. I don't think thats correct. a covenant breach could go to court and fines levied. Its a tricky application of a covenant IMO. Do you know the specifics of the covenant?
For those without thumbs, it's s Garden fookin Island, not Hawaii
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Joined: Oct 2004
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Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
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I assume if the plane sightseeing operator broke some "covenants", he would be fined as well. Covenants are not criminal, that would be civil. If one breaches a covenant, it could land in court and if guilty, a fine could be levied by the court. Apparently neither any criminal or civil charges have been filed against the flight service. Do you know otherwise? Do you know the specifics of this covenant? Missed this somehow.... no, the court cannot fine you for breaking a private covenant. I don't think thats correct. a covenant breach could go to court and fines levied. Its a tricky application of a covenant IMO. Do you know the specifics of the covenant? The wording of the covenants really matters.
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Joined: Feb 2001
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Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
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I have not read the contract, but understand it says there will be no nonemergency airplane traffic before noon. As I understand it Clem had the property long before Statehood.
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Campfire Outfitter
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Campfire Outfitter
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What's the definition of gobbledygook again Sitka?
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Joined: Sep 2013
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Campfire Ranger
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Campfire Ranger
Joined: Sep 2013
Posts: 17,941 Likes: 12 |
The owner of a well-known restaurant in Halibut Cove will spend three months on home confinement for a potentially dangerous encounter in 2022 between a boat she was driving and a nearby flightseeing plane. Marian Beck, 70, pleaded guilty to a misdemeanor charge of gross negligent operation of a vessel during a sentencing hearing in U.S. District Court in Anchorage on Tuesday. A charge of attempted destruction of an aircraft was dismissed as part of a plea agreement after she was originally indicted in January 2023. During the hearing, Chief U.S. District Judge Timothy Burgess also sentenced Beck to give up her mariner’s license, spend three years on probation, and pay a $9,500 fine. Burgess described the incident as “road rage on the water” and said he hoped the sentence will “send a message that it’s not OK to take things into your own hands.” https://www.adn.com/alaska-news/cri...t-for-steering-boat-close-to-floatplane/
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Not the outcome some were hoping for :-) she’s bat [bleep] crazy!
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Campfire Tracker
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Campfire Tracker
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What is the mariner's license mentioned? Is that a Coast Guard license for vessels above a certain size/rating, or is that required in Alaska to operate any boat with an engine?
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2001
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Commercial use, I guess. 3 months home confinement in Hawaii, or in Alaska, in winter. Her choice. Dang, that's gonna hurt! 
Last edited by las; 01/24/24.
The only true cost of having a dog is its death.
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Campfire Oracle
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OP
Campfire Oracle
Joined: Dec 2003
Posts: 86,252 Likes: 25 |
What is the mariner's license mentioned? Is that a Coast Guard license for vessels above a certain size/rating, or is that required in Alaska to operate any boat with an engine? Don’t know. My guess is she has a 6-pack license.
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2005
Posts: 57,494 |
What is the mariner's license mentioned? Is that a Coast Guard license for vessels above a certain size/rating, or is that required in Alaska to operate any boat with an engine? They are called Merchant Mariners License from the coast guard and carry whatever rating you might have. Mine is Master to 50 tons.
We can keep Larry Root and all his idiotic blabber and user names on here, but we can't get Ralph back..... Whiskey Tango Foxtrot, over....
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Joined: Feb 2001
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Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,636 |
What is the mariner's license mentioned? Is that a Coast Guard license for vessels above a certain size/rating, or is that required in Alaska to operate any boat with an engine? Don’t know. My guess is she has a 6-pack license. I believe you are correct.
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Dec 2003
Posts: 86,252 Likes: 25
Campfire Oracle
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OP
Campfire Oracle
Joined: Dec 2003
Posts: 86,252 Likes: 25 |
Maybe a higher level? Was she involved inthe dannyJ?
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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Joined: Oct 2004
Posts: 26,574 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,574 Likes: 17 |
What is the mariner's license mentioned? Is that a Coast Guard license for vessels above a certain size/rating, or is that required in Alaska to operate any boat with an engine? To carry passengers for hire (paying passengers)on navigable waters, the Coast Guard requires the captain to hold some level of a captain's licence. A "six pack" license allows them to carry six or fewer passengers. Its formally an Operator of Uninspected Passenger (OUPV) license.
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Campfire Tracker
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Campfire Tracker
Joined: Dec 2019
Posts: 3,030 Likes: 2 |
That seems like a reasonable sentence in this type of case. Somebody could have got killed, but nobody did. The court says she was in the the wrong, fines her 10k, yanks her license and puts her on probation. Saves the expense of a trial; the outcome of which is never certain. Being on probation gives her incentive to stay out of trouble going forward. I’d call that justice.
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