Latest / Ask the Lawyer / 04/27/2023 Ask the Lawyer with Harvey Peyton
Transcript
- 0:00Our area's most beautiful properties deserved the finest realtors. Meeks Realty Group. We
- 0:04focus on buy and selling residential and commercial properties throughout the Tristate area. Contact
- 0:09Meeks Realty Group online at Meeks dot us or call three or four four four
- 0:13zero one zero one. The views and opinions expressed on this program do not
- 0:18necessarily reflect the views and opinions of five ad wchs, it's employees or w
- 0:23VRC Media. Put the power of baby on the side. We have a
- 0:30courtroom experience that you need. We never give up. We're prepared to fight
- 0:37for your rights. When you need action, count on us. But the
- 0:45power of agion on your side, the power of basion. Voice of Charleston,
- 1:00and good Thursday morning to your last Thursday in April. And Harvey Peyton
- 1:06is here at the Peyton Law Firm in Nitro. Lines are open for your
- 1:08cause. Anything about the law three or four, three four, five fifty
- 1:12eight fifty eight three oh four three four or five fifty to fifty eight.
- 1:17Good morning sir, Well, good morning, Jeff. It's great to be
- 1:19here. It's have you here, well, it was coming in this morning
- 1:23from beautiful It's downtown down Valley Plutnam County through Nitro. If the pigeons have
- 1:30now officially have been dispossessed, there's no longer a superstructure on the Donald Lake
- 1:36Memorial Interstate Bridge. The last piece came down yesterday, a sort of sad.
- 1:40You know, we drove by and there are maybe thirty or forty of
- 1:42the pigeons there. I'm thinking they feel like people who've got to layoff.
- 1:47Notice they know at the end is coming. It's gone. So now we're
- 1:51going to see if a new bridge, well, a new bridge is going
- 1:53to come in its place. It's an incredibly well done project. And I
- 1:57heard a segment on the New Chris's coverage Scott Edwards, the mayor of Hurricane,
- 2:04was talking about the traffic problems on Tees Valley Road which had been acute.
- 2:08I mean there were days when it was bumper a bumper the entire from
- 2:16Exit thirty nine, which is the Windfield Tees Valley interchange, and that sort
- 2:23of brought thirty four loops between that interchange and the Hurricane interchange. And even
- 2:29with the third turning lane was a lifesaver. We've got two stop lights and
- 2:34there a break up traffic it was just impossible. Apparently there was some mistiming,
- 2:38something happened to the signal timing that I got out of sequence, so
- 2:42there were not the breaks in the traffic that were needed to keep it moving,
- 2:45and that perhaps was addressed. I thought of that as I pulled off
- 2:50the interstate to get some gasoline. I was showing low and got off at
- 2:55the Virginia Street interchange, went on through to take Endolph Street and go down
- 3:00a couple of blocks out lead this Exon station where usually getting my gas in
- 3:07down here, and there's no traffic. I'm thinking, you know, there's
- 3:10a paucity of traffic in the Capital City and an abundance of empty storefronts.
- 3:16I drove up Lee Street and you know the building there that I think Danny
- 3:22Jones sister owns or owned it, where Danny's was originally was besides what used
- 3:27to be the cafeteria, and now it's the men store, and there's all
- 3:32you know, for lease for sale, for lease for lease everywhere. I
- 3:38mean, it's a value judge, but on my part, I think it's
- 3:39the function of you know, really high quality suburban living and now there is
- 3:47a proliferation of service businesses, other things that people like to have close to
- 3:53them. In Putnam County. It's truly the one area I think you can
- 4:00drive from the Scary Creek end of Teays Valley Road, down Route thirty four
- 4:05through Hurricane On down Route sixty through Coloding to Milton and feel like, well,
- 4:12I'm in North Carolina where I'm in a DC suburb. My wife and
- 4:15I were over in DC last week. We went through Moorefield to visit some
- 4:19friends and then on over the mountain to Washington, and you know what do
- 4:26you see? Traffic and diversity and people who have money. You realize that
- 4:32we I hope best for the future of West Virginia, but we've got a
- 4:36long way to go, and now we're caughting them throws of an approaching campaign.
- 4:45Nobody knows what Senator Manson's going to do. The governor says he's going
- 4:49to announce, we have other announcements, and all of a sudden genie this
- 4:53week Bam on television their ads about Joe's crazy or or just it's gonna get
- 5:01worse. I mean, this is April twenty twenty three and the primaries thirteen
- 5:09months away. It's gonna get worse, and if it ends up being a
- 5:14mansion versus Justice or a mansion versus Mooney, we'll certainly not give up our
- 5:19time slot because we can sub it out. We can have guests and charge.
- 5:25I mean, it's gonna be a heyday for the media. You know,
- 5:28we've got somebody like the Club for Growth that plays in ten million dollars
- 5:31to a candidate, And ten million dollars is not going to be a whole
- 5:34lot of money to be raised if you're talking about a swing seat in the
- 5:39United States Senate, right, But we'll see. And you talk about putting
- 5:44him counting getting a new exit at Kelodon, Yeah, let's and that'll just
- 5:47help out more. We think Target's going to open, well, Targets on
- 5:53the move. You know, there was a vacancy there. It was a
- 5:56big box store. It's part of t J Summers development there and it set
- 6:00vacant for a long time and it's housed various seasonal enterprises, a halloween store,
- 6:10a gift shop for the summer. But now Target has taken the building.
- 6:13They've completely redone it on the inside. I haven't seen the inside.
- 6:16The exterior looks really good and so at least the activity around in the ex
- 6:20at thirty nine, what we call the Windfield Interchange is good and good downtown
- 6:26of Winfield and Windfield is a strange county seat. It's really off the beaten
- 6:30path in Putnam County. It's a little rivertown, you know, that had
- 6:34a courthouse from the days when all the commerce was on the Kanara River,
- 6:39and there's a pocket boat landing there and had a ferry where you could cross
- 6:44the river before the bridge was built. And sleepy, I mean it was
- 6:46sleepy. Land was owned pretty much by two or three families that just farmed
- 6:53above and belowtown. And that's just transition in the last fifteen years. Pretty
- 6:59goodly leadership, good mayors, and need a little work on their sewer system.
- 7:03But take a look at that and watch for Fraser's Bottom to explode.
- 7:09I think there's going to be the development of a sewer line through Frasier's bottom.
- 7:15There's sewer and are now at the industrial park that goes under the river
- 7:19to Alaner. There's a huge there's a plant with a lot of excess capacity
- 7:25at Buffalo and a line under the river. But it just needs the infrastructure.
- 7:30It's going to happen so and I look forward to it. Well,
- 7:33I'll look forward to it as long as I live. I don't know that
- 7:35I'll live to see the big development in Fraser's Bottom that I predict. But
- 7:40New Corpse Steel people forget New Corpse Steel if it goes is closer to Buffalo,
- 7:46or as close to Buffalo in Bottom County as Point Pleasant in Mason County.
- 7:51There's Point Pleasants up the river right and it's just the way the river
- 7:56runs. The High River runs almost due north south right there, paralleling Route
- 8:01thirty five. So you get off at the Plantation Creek interchange and take a
- 8:05laught and go out Jerry's Runwell, in twenty minutes you're at New Coorp.
- 8:11So we'll see. I mean, it's pretty exciting to be a part of
- 8:13it. I've been in the Payton Law firm and we have our offices in
- 8:18Nitro, in the Putnam County portion of Nitro, right across the line there.
- 8:24We're at the corner of twenty eighth Street and First Avenue. We have
- 8:28a strong connection to Putnham County. The you know, most of our office
- 8:33staff lives there and grew up there. I grew up in Saint Albans and
- 8:35so did Tom, but we both now live in Putnham County. My grandkids.
- 8:41Tom's children went to school to hurric and my other grandkids are going to
- 8:45go to swether in Saint Alban's High School, in Saint Auban's Middle or now
- 8:48or Hayes Middle. So we have a strong connection to the community in Halfhead
- 8:54actually since nineteen seventy seven, which is a long time. Yeah, that's
- 8:58a long time for a county that head of about thirty three thousand people.
- 9:01And at the Windfield Interchange, exit thirty nine, there was not much and
- 9:07at the Hurricane interchange there was even less than not much. Right, you
- 9:11had the Mountain Vernon Baptist Church prominently on a high hill there overlooking the Windfield
- 9:16Interchange. Down at Herricane you had an old motel sitting up on the hill
- 9:20that I don't know if they had enough business to knock your hat off.
- 9:26There not much else. And now now what is it. That's fifty almost
- 9:31fifty years later, forty forty five years later, the county's got well over
- 9:35sixty thousand people, probably eighty seventy thousand people one on a workday, people
- 9:41who'd drive into work one of the better school systems in the state, good
- 9:46sound Infrastructure Planning Commission that takes care of watches for unbridled growth and development so
- 9:54we don't end up with cross lanes in your backyard. I highly recommend It's
- 9:58certainly been good to us and continues to be good to us. If someone
- 10:03you know, we do work pretty much all over southern West Virginia. I
- 10:07have a matter now, two matters pending in Logan County in the Circuit Court
- 10:11of Logan County. We've done some work in Mingo and a lot in Boone
- 10:20Fayette, but you know Jackson, Western Kanawa County, Mason County, and
- 10:26Putnam County, and some into Cavil County. It was sort of our bread
- 10:30and butter. That's our wheelhouse, although depending on the nature of the claim,
- 10:33we can geographically. I've tried case up and Wheeling and Tom Strip cases
- 10:39in Clevelandon, Columbus because he's licensed in Ohio. So if you know,
- 10:46if you're thinking about a law firm to handle a matter of litigation, it
- 10:50could be an injury to your person or a loss of life, or it
- 10:54could be a financial issue, a problem with an insurance company that won't pay
- 10:58or won't engagiating good faith with you on a claim. Give us a call
- 11:03or drop us an email at Payton Law Firm dot com or call us at
- 11:09three or four seventy five, five fifty five fifty six. I was listening
- 11:13to the show last week. Tom was on and talking about a case that
- 11:16he tried, which is not a big money case. Let's just be you
- 11:24can buy you can. You can spend millions of dollars to advertise on television
- 11:30that we're the truck lawyers of the world or we're the biggest in the universe.
- 11:33But when people need a case tried, they need help, the Payton
- 11:39Law Firm is there to help you. Certainly we've handled big cases. I
- 11:43mean you, I think the biggest civil verdict ever returned in Mason County I
- 11:48got from a jury, and Tom got one of the biggest stuff in mon
- 11:50County like four years ago. And we've been really successful in Columbus and Eggs
- 12:00County and certainly in Potton County where we've tried dozens and dozens of cases.
- 12:05So but you know, we practice close to our clients. We practice at
- 12:11sea level, so you're not going to generate the millions it takes to run
- 12:16big TV ads, But they don't try cases on TV. Right. You
- 12:20don't deal with clients on television. You don't deal with clients on a private
- 12:24airplane. You deal with clients in your office. You deal with the facts
- 12:28on the ground. We can go talk to witnesses and you can do interviews,
- 12:31and you can know who to talk to when you go into the courthouse.
- 12:39You know, first of the first person you want to talk to is
- 12:41the janitor, because they know where everything is and where's the restroom. And
- 12:43if you can't identify the janitor, it's usually a person who has like a
- 12:48mop and a broom with them, right, Which I'm not sure that if
- 12:52you're flying over in a private jet to come here from Florida and answer to
- 12:56adds that you can actually recognize. So that's my little proselytizing bit for the
- 13:03Payton Law Firm today. And a nice wind we talked about last week.
- 13:07But a nice wind by Tom and I think that's just the well it is.
- 13:09You know, you've got a land cot and listen. The plague of
- 13:15West Virginia. We were settled early on a lot of the transactions to give
- 13:22rise to land ownership of West Virginia happened in the nineteenth and the seventeen hundreds.
- 13:28The most important piece of legislation and acted in the United States in the
- 13:35seventeen hundreds was actually before the United States was the United States. It was
- 13:39under the Article's Confederation. We adopted the Land Act of seventeen ninety five seventeen
- 13:46eighty five, which defined how land was surveyed. But it started at the
- 13:50Ohio River and went west. So you've got a whole except for Texas,
- 13:56which was an independent nation. The whole of the balance. The country's laid
- 14:01off in squares. Six hundred and forty acres is a square mile, so
- 14:05you know, you take four of those and that's a section, and that
- 14:09it just preceded west and it promoted what it promoted, yeomanry. It promoted
- 14:15small or relatively small landownership. Now Here in West Virginia we operate off land
- 14:20grants from the King of England, or property given to Revolutionary War soldiers,
- 14:26or property given to veterans of the French and Indian Wars. So you have
- 14:33and property acquired from their heirs in the eighteen hundreds by jobbers. So you've
- 14:39got a cout me from Pennsylvania called Berwin, which ends eighty one thousand acres,
- 14:45and it caught me from Philadelphia called Beaver, which ends thirty eight thousand
- 14:50acres and ten thousand acres here and there. So when you've got that kind
- 14:52of landownership, they exert a hack of a lot of influence. They control
- 14:56development. We're gonna call yeah, Karen. Karen is on the line with
- 15:01Harvey Peyton. Karen, go ahead, thanks for calling him. I was
- 15:05wondering if Harvey could, um maybe explain when a security camera becomes an invasion
- 15:13of property or a person. Um, security cameras are being put up.
- 15:18You know in my neighborhood, we are our houses are fairly close together.
- 15:24Um. You know, I sometimes I like to set out on my porch
- 15:28and have a conversation with my husband, but I feel that, you know,
- 15:31it's being picked up on a ring or another type of device. UM,
- 15:37So could he maybe um explain what is invasion of privacy? Yes?
- 15:43Thanks for the best I can and I'm far from an expert in that realm.
- 15:48My son Tom would be more adapt however, that the key factor is
- 15:54reasonable expectation of privacy. Are you in an area where a reason person would
- 16:00expect your actions, your voice, your conduct to be private. Now that's
- 16:06not your front yard, right, that's not walking down a sidewalk. I
- 16:11mean you have no reasonable expectation of privacy cutting your grass out in the open,
- 16:17because anybody driving back and see you. Now, if you're behind a
- 16:23six foot security fence or visual barrier in your backyard and on your porch,
- 16:30we have a reasonable expectation of privacy, and you certainly do because you've taken
- 16:33steps to ensure that. And someone puts a camera on a pole or on
- 16:38a high enough on a house to invade your space, then that may be
- 16:45actionable. It's a five line. It's the reasonable is it in a place
- 16:51where one would have a reasonable expectation of privacy? Now, a private conversation
- 16:55with a spouse. If you're in the mall and you're talking to your husband
- 17:02or wife and somebody, oh, eaves dropper over here, as well,
- 17:06let's just shame on you. You're out in the public. If you're having
- 17:10the same conversation in the privacy of your back deck and someone intercepts that,
- 17:15that's actionable because it invades your reasonable expectation of privacy, and that's about There
- 17:21are a lot of nuances to this, you know, there are nuances in
- 17:22the workplace. Obviously, there are places where there is a complete reasonable expectation
- 17:29of privacy, one of which would be a woman's locker room and academy.
- 17:33Yeah, police training facility, and we're going to find out more about that.
- 17:37I assume as we go on some places audio is inappropriate if the needs
- 17:48of the employer can be satisfied with a visual of the employees. You don't
- 17:52have any business eave dropping on their conversations, as in a camera over a
- 17:59cash ready very little chance at what these people say is material to the employer's
- 18:03enters, at what goes on in and out of the cash drawer. But
- 18:08it's somewhat news, but generally it is a reasonable Are you a reasonable person
- 18:15and do you have a reasonable personalized expectation that your conduct is private and shouldn't
- 18:21be viewed or heard by others? Yeah? Best I can. Yeah,
- 18:23good question. Karen'm gonna take her one and only bring Yeah. Eight thirty
- 18:27nine. Harvey Peyton's with us at the Peyton Law Firm in Nitro. Karen
- 18:30called in at three or four, three, four, five, fifty fifty
- 18:33eight and the lines are open three or four, three four or five fifty
- 18:37a fifty eight back in a moment on five eight whs. Do you want
- 18:40a lawyer who has no nonsense, hard working and equipped with years of successful
- 18:45experience. You want the Peyton Law Firm. Let Tom and Harvey. You
- 18:48put the power of Peyton to work for you. If someone has injured you
- 18:52or a family member, contact of Peyton Law Firm before it's too late.
- 18:56Stay ahead of the game by calling Peyton Law Firm three or four, seven
- 19:00five five fifty five fifty six or online at Peyton Law Firm dot com again
- 19:04the number two call these three oh four seven five five fifty five fifty six.
- 19:11What better way to play your favorite board game than with the craft beer,
- 19:15the boardroom and Hurricane is this week's fifty fifty Friday Free Comic Book Day
- 19:19is May six. Everyone attending will get free comic books and there will be
- 19:23many items on sale and drink specials. Have a game night at the boardroom
- 19:29Friday at nine am. Got a WCHS network dot com and click the fifty
- 19:33fifty Friday button to get fifty percent off. Give certificates for the boardroom criticy
- 19:37of the WCHS family of networks, putting the power of Baby on the side.
- 19:45We have the courtroom experience of such you need. We never give up.
- 19:51We're prepared to fight for your rights. When you need action, count
- 19:56on us the power of Bason on your side, the power of Baby.
- 20:11It's a forty one on five by w CHS The Voice of Charleston. Lines
- 20:15are opening Harvey Payton of the Payton Law Firm in Nitro three h four three
- 20:18four five fifty eight fifty eight. Three H four three four five fifty eight
- 20:22fifty eight, and Harvey brought in some books. Well today, you know,
- 20:26it came to my attention looking at our firm website that we low those
- 20:30many years ago, sometimes maybe about two thousand or two thousand and one,
- 20:37gosh, when the irishman was still the producer. Spike, Spike, Yes,
- 20:44you want to go to the lines first, Okay, Yeah, John,
- 20:47John, you're on with Harvey. John, go ahead, you're with
- 20:48Harvey. Yes, save questions regarding the rights of the remainderment in an mistake
- 20:57and the light in it vacated the estate prior to his death and called and
- 21:07said you can have the property. But when he left, he also took
- 21:11the heat pomp m And I don't know if that's considered the thought, well,
- 21:19it's considered waste he had. I mean, it all depends on the
- 21:26nature of the instrument that created the life estate. If he had a life
- 21:30estate, and he despite the fact that he vacated the property, he still
- 21:33has an interest in the property and he could rent it or do whatever he
- 21:37wants to do with it, as long as he doesn't commit waste that permanently
- 21:41reduces the value or damages the domain, which might be the taking of heat.
- 21:45But you know, it depends on if it was a if it was
- 21:51a conveyance of occupancy only the right to live in an occupy a residence for
- 21:56so long as they desire that until they've vacated for a certain period of time,
- 22:00then well it's it's not theft, but it may be waste. And
- 22:04they when he took when he removed the heat pump, it allowed water damage
- 22:11in the house because of pipes froze and so the living room ceiling ruined,
- 22:18so was the kitchen cabinetry. Was he but he's still alive, correct,
- 22:22Yes, he's still alive, But he still has a life estate. Like
- 22:25I said, it depends he signed that over to us. So he executed
- 22:30a quick, quick to claim deed and sent it over to us. And
- 22:34you accepted it, right, Yeah, but record, well you took it
- 22:37as you got it. When he committed these acts, he still had a
- 22:41life of state. And then you you've you've acquired the entirety of it.
- 22:47I don't think that much of a case, tell you the truth. Okay,
- 22:52okay, thank you John, Thanks John. Yeah, I mean a
- 22:55life of estate. People seem, well, he's not living there anymore.
- 22:57Well, but if the document that created the interest in the land said you
- 23:02have a life estate, which means you have that property just as if you
- 23:07own it for the remainder of your life. It's not merely a grant of
- 23:12the right to occupy the property. It could be depending on the instrument that
- 23:15creates the interests. But a life estate is a life estate is that if
- 23:19you own it and the remaindermen are the term that he used, are those
- 23:25who get the remainder of the estate once the life tenant dies and nobody.
- 23:30If you own your house, you don't have to live there. And if
- 23:34you have a life estate, that's unrestricted. You don't have to live in
- 23:37the property. You have a life estate. Now. You cannot commit waste.
- 23:42That is one of the restrictions on a life tenant. You cannot simply
- 23:47abandon the property, not pay the utilities, let it fall in, let
- 23:51it become a derelict to the harm and permanent injury to the irreparable harm to
- 23:57the remainderman right. But as far as you know, you're removed a heat
- 24:04pump that was concurrent with a conveyance to the remainder money. I think it
- 24:12would be highly questionable whether that violated the rights of the life tenant. And
- 24:18in any event, it may be it may well be something that's insured against.
- 24:26It may well be an issue that, given the relative nature of the
- 24:30economic status of the parties, maybe a remedy without a right, without a
- 24:34remedy in any event that that happens quite frequently. I mean, the biggest
- 24:38advice I often give to folks who call and have suffered a loss as well.
- 24:44You know, you may have a right here, but what's the remedy?
- 24:48And I'm on the Voluntary Dispute Resolution Committee of the Western State Bar They
- 24:53set that up years ago and there's several of us around the state who volunteer
- 24:56to there's a fee dispute between in an attorney and a client or former client,
- 25:03we try to mediate well. So in this case, unfortunately the lawyer
- 25:08was his license was annulled. Talked to the clients. You know, they
- 25:15may well be that a sufficient amount of work wasn't done to earn the retainer.
- 25:19But you have a right. But what's the remedy. I mean,
- 25:25the guy's gone to ground. We'll do the best we can. And sometimes
- 25:32you have to tell folks economically you can't afford this. Sometimes you make you
- 25:41have inconveniences that are just not compensable. I had we had a leak on
- 25:45the roof of our house, which is a new house, and it was
- 25:48a problem with wind damage on some shingles that may or may not have been
- 25:52installed properly to all the building who you talked to, and but may or
- 25:56may not have been defective because they didn't seal properly. Regardless, we had
- 26:00wind damage and Here Insurance, it's a really good first line company, compensated
- 26:07it. In the contractor I told, send him an email. He said,
- 26:10well, I'm sorry you had to suffer this ordeals, and Greig,
- 26:14this is not a cancer as an ordeal, death of a loved one,
- 26:18is an ordeal, loss of a child's or this is an inconvenience. You
- 26:21know, That's what you have to explain to clients sometimes. You know,
- 26:26this is an inconvenience. We can deal with this. This is not an
- 26:30ordeal that's is going to go to the United States Supreme Court. Let's just
- 26:34let the temperature out of this thing here and see how we can get it
- 26:37resolved. Bringing down the temperatures a lot of it. But yeah, I
- 26:41was saying before early on, every now and then I would do a little
- 26:45book review, yes, or a book recommendation I've just finished. I don't
- 26:49know why, but I got on a reading jag here in the last three
- 26:52weeks or so and read some books that I think are relevant. One of
- 26:59them was written by a professor at the West Virginia University College of Law,
- 27:03James Van Norstrand. I've heard Jim van Dorston. You probably have his West.
- 27:08I mean he has the sustainability renewability section. They do teach environmental law
- 27:15and policy at West Virginia University College of Law. Wrote a book which actually
- 27:19was published by the Cambridge University Press, the Coltrap, how West Virginia was
- 27:26left behind and the clean energy revolution. Well that's Jim Van Norston's viewpoint,
- 27:32some of which I share, and so on which I don't. But I
- 27:36think the valuable thing about this book now, if anyone is interested. I've
- 27:40got a very good friend who's I'm not a very good friend who's who's a
- 27:44high position with American Electric Power. I said, we heard it. He
- 27:47said, oh, yeah, we've got that books. It's required reading because
- 27:52it explains when we're talking about, for instance, the Pleasant Power States,
- 27:55and you talk about the grid, you talk about PGM, who they are
- 27:59and how they operate. This book tells you, and it's fascinating how the
- 28:03how energy is marketed, how it gets in the money, and how planning
- 28:10is made on how long are you going to run this unit at this particular
- 28:12plan, how long this particular unit's going to run, and what are we
- 28:15gonna do with wind energy and how do we incorporate that and how does that
- 28:18all interface with the West Virginia Public Service Commission. So this is I'm sure
- 28:23it's available through Amazon. It's a soft cover paperbacks. It's somewhat scholarly.
- 28:33Admittedly it's written by a law professor, not necessarily as a tax but almost
- 28:37as an extended treatise, about three hundred pages. I would recommend it if
- 28:42you're interested in an academic sort of way in the way power is generated and
- 28:51has historically been generated in West Virginia, and how it is marketed now and
- 28:55how that has an effect on like the Pleasants Pire Station. I would have
- 29:00to say this. I agree with First Energy and Monpower, and that is
- 29:07why should they pay? I mean, if there's a determination. I've heard
- 29:11Hoppy talk about this, I've heard the governor talk about it. I've heard
- 29:15Chris Hamilton talk about it. I've heard Ruby Phillips grunt about it. If
- 29:22the reserve power generation that's available at the Pleasance Power Station is integral to assuring
- 29:33the grid over the next however many years. But it doesn't. But it
- 29:38can't make any money in the short term for any individual company to own it
- 29:45and sell the power because they never get in the money their costs or too
- 29:48high. Well, that's a public policy decision. If it maintained maintenance of
- 29:53the grid, maintenance of the power supply, avoiding blockouts, If that's what
- 30:00the politicians like county commissioners and state senator wars and governors and think is necessary.
- 30:08And perhaps it is. Why make First Energies rateholders alone, or pay
- 30:15for it, just pay for it, but the state Energy Authority acquire a
- 30:19title of the thing, keep paying one hundred and fifty men, keep bunding.
- 30:25You know, however, many a couple of million tons of coal up
- 30:27there. It's Caputo with the mind workers. They're jumping stiff legged over this
- 30:32thing because they think they're gonna lose some jobs. They want to Murry Energies
- 30:34form our minds in Marshall County. Well, but that's not Then the guy
- 30:38from First Energy said, we don't want to buy it. You know,
- 30:41we're we're we're we're making this proposal of the Public Service Commission because they asked
- 30:47us to almost mandated into and it's just a matter who's going to pay to
- 30:52me. It's not a question to stay open or not stay open. Apparently
- 30:56this even PJM says we need this play for marginal energy production and times of
- 31:04high demand to fall back on, to fall back on. Well, yeah,
- 31:08and the private enterprise is well that's fine, but we cannot afford to
- 31:14operate a plant on a fall back position when they're not in the money for
- 31:18marketing any other time. We just can't do it. Well, government does
- 31:25that all the time, don't they. They do it with medical care for
- 31:30older people, and they do it with the nutrition maintenance for poor people.
- 31:34I mean, if there are things that the private market can't do that the
- 31:38public policy says should benefit the common good and didn't do it, I mean,
- 31:42that's that's just my thought. And I actually I developed part of that
- 31:45thought from reading this book and seeing how worth the cold trap. Next,
- 31:49here's one two, number two, which has a deceptive title Appomattics. This
- 31:56was written by Elizabeth bare and this is an older book. It's probably available
- 31:59on on It was odd for less than five bucks. I bought this book,
- 32:06which was published by Oxford University Press Bike about twenty thirteen, for less
- 32:12than seven dollars at the bookstore near the theaters down in Pullman Square. And
- 32:16you think, well, this is just a civil that's what I thought it
- 32:20was. Well, this is a Civil War history of the campaign surrounding Petersburg
- 32:22and the retreat to Appomatics and surrender. Well in part, but this woman
- 32:30who is at the University of Virginia. Her premise in this book as there
- 32:36were two men seated at tables in the parlor of WILVERA. McLean's house an
- 32:40Appomatics Courthouse, Virginia in April eighteen sixty five, and each of them had
- 32:45a mindset about what was happening, which did not coincide the Ulystus Grant when
- 32:54he wrote these surrender terms that he put forward to Lee at one thought this
- 33:01will do this. Lee looked at those terms, said this vindicates that,
- 33:07and it's fascinating house. She follows this up through the post Civil War era,
- 33:13through reconstruction, and how the mindset of Grant and the mindset of Lee
- 33:19are still baked into and in opposition today. And that's the way I read
- 33:25it. So, I mean, it's a fascinating little to read. It's
- 33:30less than three hundred pages long. It is called Appomattox Victory, Defeat and
- 33:36Freedom at the End of the Civil War by Elizabeth van v r o N.
- 33:42That's one of Harvey's. David enjoyed it now the last one. And
- 33:46this is this book is chilling. It is terrifying in view of where we
- 33:52are today in the government of the United States. It's written by Timothy Egan,
- 34:00who is a best selling author. He has won the National Book Award.
- 34:05He was a columnists and writer for the New York Times. The title
- 34:10is A Fever in the Heartland. That's by Timothy Egan. E g A
- 34:15n It's from Viking Press. I believe yeah, Viking twenty twenty three.
- 34:23This one's a little cost it's about twenty bucks. You gotta buy it new.
- 34:27It just came out, but you got You can go on Amazon.
- 34:30You can probably find out a tailor books so they can get it for you.
- 34:34A Fever in the Heartland, the q klux Klan's plot to take over
- 34:37America and the woman who stopped them. It's almost spreads like a novel.
- 34:43It's built around the career of a man named C. W. Stevenson,
- 34:49Steve Stevenson, who became the Grand Dragon of the clan in Indiana, which
- 34:55in the nineteen twenties boasted six hundred thousand members north of the Ohio River in
- 35:00Ohio, Illinois, and Indiana. Think about that, and it was a
- 35:04part of Protestant congregations and preachers, the Masonic Lodge, politicians, policeman legislators
- 35:14developed incredible influence between about nineteen nineteen in nineteen thirty before the under corruption and
- 35:24rottenness of the leadership caused us downfall. It's absolutely spellbinding. It's about three
- 35:31hundred and thirty pages long, written and reasonably large print that even old people
- 35:37like me can read. And again, the story of the rise and fall
- 35:43of Steve Stephenson is the core of the book, but the overwhelming theme is
- 35:50you know he's he Steve Stephenson in Indiana and his counterparts in Texas, Oregon,
- 35:59George, Ohio, Colorado figured out that getting people who thrive on hating
- 36:13their neighbors and loving themselves can be easily manipulated. And so the campaign not
- 36:20just against blocks, but against Catholics, European immigrants, Asians, people of
- 36:27Jewish faith worked. It worked, and these people were able to weave that
- 36:30into control of the legislatures in several states in the nineteen twenties before the other
- 36:36corruption and rotteness that idea repelled the American people and they were tossed out.
- 36:40I would highly recommend it, particularly, you know, we're in an age
- 36:45right now where it's not wait, your ford's who you hate? That seems
- 36:50to predominate the political scenes among some. I mean, I understand from reading
- 36:55the New York Times, which I'm not ashamed of. I read the Wall
- 37:00Street Journaley or Time was Washington Post and Gazette and Metro News every day and
- 37:07get a little this from both sides that apparently there were some redacted Did you
- 37:12see this about the redacted messages that we're going to come out in an unredacted
- 37:15version at the trial of Dominion Voting Systems versus Fox News Corps written by one
- 37:22Tucker Swanson. Carlson, a trust fund baby who gets his money from the
- 37:29great grandparents who founded a frozen food fortune. Swanson that in their unredacted for
- 37:35him were so vulgar and repulsive that they had a board meeting two days before
- 37:38the trial, and I guess Lockin just said that we got to stop.
- 37:44Here's what we're gonna do. Tell the lawyers to settle the case and fire
- 37:47that guy next week. And that's what they did. I mean, it's
- 37:50just bad. So that's the stage we got set What you have a call?
- 37:53You got thirty seconds, thirty seconds the papal Off company, something that
- 37:57may involved with a geese or if you just say I need some advice.
- 38:01I need some advice on what to do about a family issue. I need
- 38:04some advice on what to do about a business problem. I need some advice
- 38:07on what to do about you know, any loss that you've suffered. Give
- 38:13us a call. We don't advertise big on television, can't afford it because
- 38:17we personalize our clientele. Come and see us down in Nitro twenty eight O
- 38:22one, first half and it's just about twenty minutes from downtown Charleston. Or
- 38:27go online at Fatlawfirm dot com. Look at our website and make a decision.
- 38:31If you like us, give us a look. All right there there
- 38:35for Harvey. Stay tuned. ABC News is next on five a w chshs
- 38:43M six point five Charleston one four point five Cross Lanes, w VRC Media
- 38:46Station. We are proud to live here too from ABC News. I'm Derrek
- 38:57Dennis. Court resumes this morning and the rate trial of four President Trump accused
- 39:00her, Egene Carroll, expected to be grilled by the defense over her claims
- 39:04Trump sexually assaulted her more than two decades ago. In three and a half
- 39:07hours of testimony so far, Carol conceded she wasn't one hundred percent certain when
- 39:14the alleged attack occurred, but her testimony otherwise was detailed and stark. In
- 39:20a department store dressing room in the mid nineteen nineties, Carol said Trump thrust
- 39:23me back against the wall, banging her head. She described the weight of
- 39:28Trump's body against her, the pain of the alleged assault, and how it
- 39:31left her unable to ever have a romantic life again. ABC's ord