Saturday, September 05, 2009

Motion Denied

Yesterday, U.S. District Judge J. Frederic Motz has denied the motion by Susan Gray on behalf of Paul F. Kendall, et al to reconsider his decision to dismiss their lawsuit. The suit claimed the county had denied their First Amendment Rights when the Board of Elections invalidated their petition to stop Harris Teeter from opening a store in Turf Valley.

You may recall that this petition had more flies on it than week old garbage.

In her other federal lawsuit challenging the Wegmans store in Columbia the county has finally been served. Based on her track record I strongly suspect it will have a similar outcome.


Lotsabogeys said...

This lawsuit wasn't about the petition drive. Paul Kendall was trying to stop a Turf Valley expansion and Buddy Mays (using Philip Rousseau) was trying to stop Wegmans by claiming the county circumvented their right to referendum. Paul Kendall does have another federal lawsuit about the petition drive that sought to stop Harris Teeter.

These people really seem to like to take punishment and ask for more. It reminds me of a quote from Animal House, “Sir, yes sir, may I have another” when a pledge was getting paddled.

Tom said...

This week in Howard County

Common Sense 2
NIBY's 0

Freemarket said...

Not to be an Animal House purist, but I think the quote was "Thank you, Sir! May I have another?"

Dave said...

Cut the crap and do some research before posting your BS!

The denial you reference was related to Susan Gray's motion for Judge Motz to reconsider his decision to dismiss her zoning/election rights lawsuit. It had NOTHING to do with Turf Valley or the Harris Teeter.

Paul Kendall filed a distinctly separate federal action that relates to the March 12 County Board of Elections decision to throw out 87% of the referendum petition signatures. It has not yet been ruled on.

Regardless of what you think of Gray, Kendall, et al.... you should at least have the balls to stand up for the ideal that every registered voter has the right to have their vote (or petition signature) count.

Next time, do your homework!!!!

wordbones said...


Since you mentioned homework I wonder if you recall from your primary school grammar lessons that multiple exclamation points mean absolutely nothing. One is all that is required to make a point. Four merely illustrates ignorance.

As for my post, I stand by what I wrote. I have nothing against a citizens right to petition for referendum. I do have a problem when the right is subverted by hired gun petition gatherers who misrepresent what the petition is actually about.


Dave said...

You're just upset that local citizens were successful in assembling a coalition of volunteers to challenge developers (your benefactors) and the government officials that they've bought and paid for.

If you and your Chamber cronies support the rights of citizens to have their petition signatures accepted, then it shouldn't matter what the issue is or who is circulating the petition.

It's pretty easy to stand up for the American ideal from the cheap seats. You'd probably get a better sense of democracy if you laced up your shoes and got on the field.

Maybe then you'd stop bitchin' and whining about the great conspiracy against Greenberg Gibbons and Turf Valley.

As a point of fact, anyone could have asked the Board of Elections to rescind their signature. The Board reported that less than 10 of the 9,300 referendum petition signators (0.1%) made such a request.

Class dismissed !!!!

Anonymous said...

That is your answer, wb, to the factual argument presented by Dave? That he used too many exclamation points?

Most clearly you haven't a leg to stand on. Readers who agree with you cannot be swayed by the truth, but those who respect reality are also reading, and that explanation was thoroughly inadequate in addition to lacking the integrity to admit when you wrote inaccuracites about something you did not grasp.

wordbones said...

Anon 8:01 AM,

What facts are you referring to?

The only fact in Dave's post was about the number of peole who contacted the Board of Elections to rescind their signatures. I'm willing to bet that the majority of people who signed this petition didn't know they could rescind their signature much less how they would go about doing so. The fact that 10 people actually went through the trouble of finding out says quite a bit itself.

Everything else Dave wrote is conjecture. He claims I have benefactors. I don't. He seems to imply that I'm a member of the Chamber. I'm not. He writes "You'd probably get a better sense of democracy if you laced up your shoes and got on the field."

I don't know what exactly Dave is implying by that but I'd gladly stack my record of volunteer service to this county up against anyone.


Anonymous said...


Did you take a long lunch this afternoon and kick back a few before implying that a 0.1% rescission rate "says quite a bit itself"?

Considering the extensive anti referendum marketing campaign that Greenberg Gibbons and Turf Valley engaged in, 10 people out of almost 10,000 must seem like a resounding vote of support for the rezoning of Route 40 commercial development.

You have to wonder if our elected county officials are looking forward to fielding questions about the zoning referendum and wholesale disqualification of voters during next year's election campaign.

Buffalo Guy said...

WB's, To make you feel better, here is a quote by Elbert Hubbard.

"To avoid criticism, do nothing, say nothing, be nothing".

The fact you have critics should be considered a form of flattery. I thank you for all the updates, and hope the critics can at least appreciate your efforts, even if some disagree.

Anonymous said...

Anon 1:59 - 2010 is going to be GREAT FUN for those who've kept score.