ok i've gotten it sorted out... it's nothing server side thank god but it is some shady black hat seo type shit...
http://clsc.net/research/google-302-page-hijack.htm
i've contacted the assholes hosting company and hopefully i can get him shutdown for his shady business practices i see that as the only way of resolving the situation as it would take 10 years and a day for google to get back to me about the situation...