Lucas & Company, LLC

Ethics XIII



Ethics XIII – 1.5 Contact Hours
The case-in-chief is Mohonk Preserve, Inc. v. Christopher Ullrich, Supreme Court of New York, Third Department 2014. In this case the surveying activity of two primary surveyors is discussed through the opinion given by the court, in an attempt to determine which surveyor was more credible. “The record before us illustrates that each parties’ expert witnesses necessarily relied on incomplete, ambiguous and sometimes even self-contradictory descriptions of relevant parcels when they drafted surveys showing the alleged placement of the disputed boundary lines. Considering this imperfect documentary evidence, the resolution of the dispute, in large part, turned on the credibility of each parties’ expert witnesses’ testimony in regard to the proposed surveys.” But beyond the issue of credibility, are their ethical issues relative to the surveys and the surveyors that need to be discussed. The National Society of Professional Surveyor’s (NSPS) “Surveyor’s Creed and Canons” is the barometer for measuring the ethics in the case. This is a 2-Page Letter covering 1 Court Opinion consisting of 6 pages. Along with a copy of the Creed and Canons, this is an 8-Page document with a 10-Question examination based on the text of the newsletter, the Creed and Canons, and the case-in-chief.

OBJECTIVES: To present everyday professional ethical issues based on actual court cases and opinions, resulting in real consequences for the professional(s) and the other parties involved.