Thursday, July 30, 2009

Federal Lawsuit Update 1

Recently I contacted Kevin Enright, the Director of the Office of Public Information to get an update on the three federal lawsuits that had been filed against the county by the activists favorite attorney, Susan Baker Gray.

I had no way of knowing how timely my request would be. This morning I received an email from a regular Tales of Two Cities commenter, Lotsabogeys, informing me that the lawsuit filed on behalf of Paul Kendall, et al, claiming that the county had deprived them of their First Amendment rights, their right to “substantive due process and equal protection as established by the Fourteenth Amendment” and their right “to petition the government for redress of grievances as protected under the First and Fourteenth Amendments to the US Constitution has been “dismissed without prejudice.”

A few months back when Frank Martin asked me why I hadn’t written anything about his lawsuit (he was one of the “et al” parties) I told it was because I thought the whole exercise was ridiculous.

Apparently the judge agreed.


PAUL F. KENDALL, et al., *
Plaintiffs, *
v. * Civil No. JFM 09-CV-369
et al., *
Defendants. * *
For the reasons stated in the accompanying opinion, it is, this 30th day of July 2009

1. Plaintiffs’ motion for a preservation order (document 11) is denied;
2. Plaintiffs’ motion and application for preliminary injunction (document 17) is denied;
3. Defendants’ motion to dismiss (document 19) is granted in part and denied in part;
4. Plaintiffs’ claims for equitable or discretionary relief are dismissed;
5. Plaintiffs’ claims for money damages are stayed for a period of at least sixty days; and
6. This case is administratively closed.

J. Frederick Motz
United States District Judge

A big wag of the wordbones tail to Lotsabogeys….here’s hoping you get more birdies!


Anonymous said...

Lotsabull is a thinly veiled disguise for personal agenda pushing as a land developer community member. Lotsa's statements amount to false advertising without disclosure of the source, like a pharmaceutical company parading as a doctor endorsing their own product.

Secondly, judges are alway right, you are ASSuming. All the criminals are in jail, no child abusers are let go, no violent spouses go forward to kill whole families.

Our judges are one of the worst problems we have and this is a case in point.

Buffalo Guy said...

Looks like verbal attacks on people are all that's left, now that the lawsuits have "all" been dismissed. At least our tax dollars spent to defend this issue were not in vain. Hope Wegmans can step things up now!!! Yeehaahhh!

Buffalo Guy said...

Guess I got carried away. Looks to me like the other lawsuit that involves Wegmans is still pending. Oh well. Here is the link to the story.

Lotsabogeys said...

Anon 7:01,

How pathetic. You are typical of the anti-growth group who always allege a conspiracy without any facts. I am not connected to developers in any way.

The order was downloaded from the Federal Court's document system. The opinion is available on the court's website.

Anonymous said...

Lotsabull, not buying a single thing you say, ever. But keep at it, you're a poster boy for everything wrong with that industry and it is showing in spades today.