June 22nd, 2019

Legal Brief- “Operation Justice RC”-

is a class action lawsuit aimed at draining the swamp of govt corruption and greed
one sediment pool at a time. The following charges are being brought against the
Rutherford County Soil and Water Conservation District (the District);
*breach of contract law due to fraud by omission of material fact, and
*violation of NCGS 139-4(5). Failure to disseminate information

The total sum of our case involves two documents;
Exhibit A- letter written by legal counsel Elizabeth Miller, and
Exhibit B- easement contract

Exhibit A- the letter clearly states Site 11-25 is a “sedimentation control pond”.
A sedimentation control pond is a collection site for sedimentation pollution and
floodwater. Nowhere in Exhibit B, does the easement contract grant the right to
store sedimentation pollution on the subject property.

In the preamble of the Sedimentation Pollution Control Act of 1973 (NCGS
113A Article 4) the word “pollution” is used three times describing sediment.
Sediment is pollution. It is as the title states- “sedimentation pollution”- the
#1 pollutant in the state of NC.
Any reasonable person would want to know if pollution- of any kind- is to be stored
on their property before entering into said contract. This is a material fact. The
absence of this language from the easement contract represents fraud by omission
of a material fact. My count has 58 easement contracts in RC. All are basically the
same standard easement with no rights granted to store sedimentation pollution.
This sets the stage for a class action lawsuit.

NCGS 139- the Soil and Water District Laws regulates every agency within NC.
Approved methods for sedimentation pollution control- both preventive and
corrective- are listed. It is the corrective measure of sediment pools in the
crosshairs of Operation Justice RC.

At the bullseye of this lawsuit is the means resorted to by the District to gain the
use of private property for sediment pools. If the District is unable to sell the
benefits of a sediment pool to landowners, they have eminent domain NCGS 139-44
at their discretion. They can condemn and seize private property for the so-called
“public health and welfare”. This means of acquisition requires fair market value to
be paid for seized land.
I wouldn’t be surprised if there was 5000 acres under contract in RC. If the RC
District paid market value for land- 5000 acres X $6000 avg price = $30,000,00.
As in 30 million in RC alone. Most landowners were paid $1. In addition to the
upfront cost RC would lose future tax revenue. A win/win for the county, and a
lose/lose for property owners.

Question, how did the District gain the use of private property for sediment
pools without buying it? Answer- most property owners will say yes to a lake.
Solution- pitch a lake, then build a sedimentation pollution control pond. A bait
and switch fraud scheme. Lie, cheat, and steal the use of private property for
sediment pools. It never fails- you can always follow the money to the truth.

Summary- it is hard to believe the District wants this to go public (to court).
My research has yet to find an easement contract in neighboring counties with
the rights granted to store pollution. Legal action could dominion across the state.
Legal representation is needed to push further into class action lawsuit.

Truthfully,
Richard Del Ammons
rda990sea@yahoo.com
828 290 2877

P.S. Feel free to call for more info- look forward to speaking with you.
Attached below