Barry: Good afternoon and welcome to this week’s episode of Law is Stranger Than Fiction I’m Barry Sholl one of your co-hosts and a shareholder at the law firm of Richard’s Brant Miller Nelson in Salt Lake City.
Steven: I’m Steven Bergman your other co-host also a shareholder Richard’s Brant Miller Nelson.
Barry: And we are joined today by a very special guest Kendall Moriarty, an associate here at the firm who has a running story that she’d like to share.
Kendall: It’s a story out of Colorado. A woman would go out on jogs and every week she would stop on the same lawn and go to the bathroom.
Steven: And when you say stop and go to the bathroom… What are we talking about?
Kendall: Number two.
Steven: Okay and you said the same lawn every time?
Kendall: The same lawn.
Steven: So, there’s some regularity going on here?
Steven: Was she caught doing this by anybody?
Kendall: She was. Actually the children of the homeowner saw her for the first time and reported it to their mother. Who then saw the woman and was able to take photos of her.
Barry: And did the mother have any conversation with the jogger?
Kendall: There may have been a report that she confronted her at one time and the jogger said sorry and ran away.
Steven: Now speaking of this report, did the jogger just stop and squat or did she, you know, have wipes with her or anything like that?
Kendall: I think it was just a stop and squat.
Steven: Okay, was there a restroom nearby that she could have used?
Kendall: So the neighborhood did have a common area with a publicrestroom that this woman was not using. The homeowner left a sign on the property asking her to stop but instead the jogger just varied the times that she jogged in order to not get caught.
Barry: And was she jogging during the day or was she under the cover of darkness?
Kendall: During the day.
Steven: And how long did this go on for?
Kendall: I’m not quite sure but it seemed to happen regularly for several weeks.
Steven: And what kind of legal issues does this particular running case create?
Kendall: Well definitely trespass, probably some nuisance.
Barry: And you mentioned that the children reported this action. It’s possible some indecent exposure?
Kendall: Yes, the police were involved. The homeowner did report the incidents to the police, but the police have been unable to locate to identify the woman and bring any charges.
Steven: Okay has there been any further story or any discussion about why she was doing this?
Kendall: So, after the story hit the news someone went on YouTube and claimed to be a relative and provided possible explanations for whythis woman was jogging and going to the bathroom in public. And one of the reasons was mental illness or something else, and so, but it came out later that that person didn’t actually know the jogger.
Steven: Okay and has there been any further reports of this woman’s activities since the story first came out?
Kendall: So, since November it seems that the jogging and the incidents have stopped.
Barry: Now Steven you practice a lot of real estate law… what issues might a homeowner encounter– one would hope not involving a jogger.
Steven: Hopefully, you know, you as a property owner don’t have to encounter joggers using your property as a restroom, but other issues that are a little bit more common would be things like boundary disputes with your neighbors or access issues when you know neighbor’s property prevents you from accessing your property or vice versa or questions of easements– things like that and myself and other attorneys here at Richards Brandt Miller Nelson are very experienced in, those kind of real estate law issues. And if you do have such an issue please give us a call. For now, Kendall, thank you for coming in and sharing this running story with us. We appreciate that. I’m Steven Bergman.
Barry: And I’m Barry Scholl and this is…
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