Lyons Lawsuit-Hearing Sept 10
The hearing is set for Sept 10th at 1:00pm, Judge Buttner presiding. Anyone who can attend is encouraged to come. I believe it's set for the Judges Chambers but if enough people show up it will move to a courtroom hopefully. Please remember this is not really about whether you are for or against these amendments, your right to vote on them is being challenged and ultimately your right to vote period is under attack. I believe Roy Lyons is a not a concerned citizen who honestly believes there is something wrong with one or any of these amendments and his efforts are to protect a select few. He's a political activist who calls John Thrasher his good friend and his role or agenda is to get this Chairman into place. I believe should that happen we are likely to see this position given a significant amount of power. Right now, the Charter is set up so that can easily happen and all that it will take will be a vote by the BCC. The only way to reverse that would be to take it into court. Again it's my belief this is all connected to the beltway and the residential development that is being planned around it. It will be interesting to see if Judge Buttner follows the lead of many legal precedents that have all ruled on the basic principle that the people have an inherent right to effect change in their goverment. Or, will the Judge fly in the face of the myriad of case law and facilitate big business by requiring "strict compliance" which the law says should not be done "to the people". Will he ignore "the forgiving standard" that higher courts have said must be used to view grass roots efforts? One thing is for sure, regardless of who wins this will go to the appeals court. There again lies another matter to watch. Regarding State Amendment 5 which is currently in litigation it was put back on the ballot when the original judgement to remove it was appealed. Related: Marsha's blog | login or register to post comments | printer friendly version | Tags: amendments | CTLAC
Submitted by Marsha on Tue, 09/02/2008 - 7:07am.
Yes, the Hearing is in GCS, can't recall the floor even though I was there just a few weeks ago. It was my first trip there since the addition/renovation.
Submitted by alabayea on Tue, 09/02/2008 - 10:56am.
Marsha, Register of Actions for Case No. 2008-CA-001446 does not yet show this hearing. Case is assigned to Div. B before Judge Buttner whose chamber is located on 3rd floor CCCH. What the Register of Actions does show is notices of telephone hearings and motions filed. There was a motion filed for for Summary Judgment on 8-29-08 one for Final Judgment on 9-2-08. Register does not show which party filed them.
Submitted by Marsha on Tue, 09/02/2008 - 11:31am.
I didn't get my information from public records. I spoke with Jayne Padgett on the phone early last week and she told me the hearing had been scheduled for Sept 10th at 1:00pm. If something has changed since that conversation I am unaware of it. Thanks for the info I guess as the day gets closer we'll get a confirmation of something somewhere.
Submitted by alabayea on Wed, 09/03/2008 - 10:27am.
The Register of Actions this morning list two more documents also recorded on 9-2-08 There was an Amended Motion for summary judgment and/or for judgment on the pleadings and a Notice of Intent to req judicial notice. It appears one/both parties want to eliminate the need to send the issues to a jury and avoid a lengthy trial. My understanding of a Final Judgment is it determines the rights of parties while disposing of the controversy in whole or part leaving enforcement the only judicial business remaining. Judgment can be overturned by appellate court and returned to trial count for redetermination. Counsels for both parties have excellent credentials. Defendant CTLAC is represented by a Professor of Law from UF Levin College of Law who is also an Alumni Research Scholar while plaintiff attorney is board certified in local government law. Needless to say, this should be an interesting excercise of judicial prudence and one to follow as it proceeds through the courts. Submitted by alabayea on Fri, 09/05/2008 - 3:49pm.
The info on the the final hearing was contained in the judges order of 8-28-08. Have no idea why it did not appear on Judge Buttner's online calendar. Judge Buttner's chamber is now located on 4th floor CCCH. Sorry for the confusion. People are talking about ...Here are the recent blog postings with the most comments. |
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Marsha;
Is this at the Court House in GCS? I want to make sure I can attend.
Mike Heemer