filed by pledging that buildings they have in fact back water up on to the peter's property hearing held a map there was a finding of contempt so then another period of time went by and there was another in order however it was somewhat softened i think from the original order because she had indicated the government's they had some time with which to get the water off me and so on but for one reason or another and i was involved in it the parties could never agree so then five years went by and after five years then the attorney who wrote a originally represented mr peters  vincent withdrew and mr hartsell later his appearance for peters when that happened dozens the hired cleaner again to come in to see if they could work out a solution to the problem and clear again went out onto the property and came up with some ideas but in looted and his study was a memorandum dated five fourteen ten that was conveyed to me as counsel for billingsley on five twenty ten saying that the back seven point five acres of peter's property that had been tiled into the gully actually drained the other direction so at that point we  petition for real show cause and i filed a motion for that the court enter a final order based on the hearing on the second petition and also for other relief stating that the court should take into account  geisha the fact that some of the water that came into that gully was drained there unlawful so then within just a few days afterwards this case eleven c h two was filed alleging that in fact seven point five acres of the peter's property drained unlawfully into the gully which  both of the schools i don't think so because the issue in the first case was whether or not the first of all the issue was whether or not the peters property was dominant because the buildings the property and there's no doubt  the same are pretty fast so i mean here a client may have been not well served by the expert or by this person all of the information and then deciding what to do but if i were the expert i think i'd want to know and be a good vice a person everything what needed to be done to solve the problem that apparently both neighbors were happy i think quite frankly no one ever worried about the time because there's no doubt about it down that the circuit states that the time ever right at the point where the water came out into the valley no doubt about the way back you know three quarters of a quarter mile thanks changed and that really wasn't a big issue at that evidence and this is it that's was there multiple bites at the airport because things that could have been discovered weren't but we discovered them since and by god this is going to change everything we change possibly the remedy  so basically my position is and i think the party people covered it is that we can't let it get but we don't know that i agree with the fact that it is not a question of facts changing is just what what we know about the facts is the issue i don't see any case law that says one way or the other that's a legitimate excuse are not just choose but it's a fact and then you have yours you have the cases which i think where we my name is tom parcel and i knew you represent the peter ronald and linda and as you know they are the are they were the plaintiffs in the over two case and the defendants in the few thousand eleven you know there are tons of tile map of their property you know i i don't think there ever actually be able to come up with one because i did ask them but as far as i know there was never any discovery initiate where's all we're the you know different parts of the tile what part of the ground its effects are very right and i think there was some discussions at some point about how much tile there was on there and that peter did let them know that the forty acres was pile and were exactly the pile winds were the forty acres and never got that far there never that much in korea i guess you might say about it right that articulate it very well but i think you know where to start right and and i think i think even back in zero two there was at least sound g p s mapping available back then or there or for sure i know that the engineer could have set up points on the forty acres and taken different readings and and and you know discover exactly what were the low points of the forty acres what were the high points of the four yakkers and then from  you know if it would have been told to him that yeah there are tar all over the forty acres well then you know at that point i would think it would be underneath an obligation to find out where the pot how much others coming from the some point five acres how much of it over here on this side of forty acres is that even through the forty eight homes the type that is you know you are i don't know i really know what it was for up to several years peters of on the ground for about