alabayea's blog

CRC Meeting Feb 1st

Did any of you see the live video of the above?   Had not seen their commission meetings before and found it somewhat of a surprise as to how it was conducted.

Their meetings would benefit by adopting Robert"s Rules of Order Newly Revised and a parliamentarian present to keep chair informed/maintain order.    If there is no gavel, suggest chair get one and use it when someone speaks who has not been recognized. 

One member mentioned discussion was being done before a motion/second had been obtained.   He was correct.    Motions need to be clear/concise.    The long explaination comes with the discussion.



Update on Lake vs CTLAC, Kirkman, ET AL - Case # 2008-CA-002339

In case you did not know what has happened concerning the above case, there has been a flurry of motions, notices and requests for admission filed.    This signals it's going to move forward.   

Case has now been assiged to Judge Wilkes.

Plaintiff attorney wants it put on ballot for another vote.  

First and foremost, any attorney should certainly know the touchtone for determining the intent has always been the intent of the people at the time the document was adopted.   Ballot language and intent of voters for this one was to reduce county commission salaries plain and simple.



THIS JUST IN . . . .

The Orlando Sentinel has just released some breaking news.   

Aaron Deslette of Sentinel staff posted the following in Central Florida Political Pulse at 1:53pm today:

    Sen-elect John Thrasher has just been appointed to chair the Florida Senate Ethics and Elections Committee.  

Apparently his prior ethics violations gave him an advantage.



COMMUNITY RENEWAL ACT CHALLENGED, Case # 37 2009 CA 002639

The City of Weston FL. et al filed a "HIGH PROFILE" lawsuit on 7-8-09 against the Governor, Secretary of State, President of the Senate and Speaker of the House challenging the constitutionality of SB 360, in the 2nd Judicial Circuit.   SB 360 was signed into law by the governor on 6-1-09. 

The act appears to make sweeping changes to state growth laws and provide exemptions for developers such as road widening from new construction as well as elimination of select large developments from review.  

Case has been assigned to The Hon Charles A Frances, Chief Judge.

According to the City of Weston website, www.weston.org, plaintiff believes "the Act has substantial negative impacts on Weston and other local governments, particulary if the interpretation set forth by attorneys for developers is adopted". 



ANOTHER COURT CASE FILED . . . .

Case # 2009-CA-002346 filed 8-28-2009, in Circuit Court, Fourth Judicial Circuit, in and for Clay County.   Check it out.

Well, it looks like more money problems for the plaintiff who has an active suit, Case #2008-CA-002339 against defendant CTLAC, et al. 

Is this a "Pro Bono Publico" case for her attorney?  If not, where is the money coming from to pay her attorney fees?  

It's time for voters of Clay County to be told who is providing the funds.



Lake vs Kirkman, et al - No Judicial Orders yet

The "Notice of Filing" is just that - CTLAC'a attorney, Professor Little's filing of "documents in response to pending motions to dismiss and for other appropriate uses in this litigation.".  The filing totals 25 pages which includes copies of all supporting documents, letters, resolutions, etc.

Notice of Filing includes 6 paragraph's with last paragraph stating the wrong petition was attached to the BCC resolution and the "The error was entirely of the BCC"."

The supporting documents were very interesting reading.  It's easy to see why county attorney was caught off guard.    Now we'll just have to wait for an order from Judge Skinner.



REMINDER - Lake vs Kirkman, ET AL Hearing Today

In case you forgot, it's at 1pm before Judge Skinner.  Judge Skinner's chamber is on 3rd floor CCCH.   There are several motions pending to dismiss/vacate cross-claim, etc.  

CTLAC is the one group who has continually represented views of the average citizen.   They deserve all the help each can give, including funds to pay legal expenses.  Their legal counsel, Professor Little, is the best of the best.  It just does not get any better than him. 



A Few Questions

I, too, have seen this letter "Uphold the Charter" several times and believe the author did not rsearch his subject matter or understand the process.

1.  What is the Article/Section Number in the Clay County Charter that says it is the job of the county attorney to uphold the charter?   I've been unable to find it.

2.  Who wrote the mysterious letter to the Supervisor of Elections stating the proposed amendment did not meet he requirements of the charter?   Was this person an attorney?

3.  Do you have a copy of this letter?   I'l like to see it as it should be public record.



DISCOVER BANK vs KAREN LAKE

In case you have not heard, Discover Bank filed case #2009-CC-000312 on 4-7-09 against Karen Lake.   Information on line list it as "county civil monetary $5000-$15000".

What do you think this is all about?



HEARING SCHEDULED IN LAKE vs KIRKMAN CASE

Case #2008-CA-002339 also includes CTLAC and Clay County as defendants.  There have been several motion filed to dismiss/vacate claim, cross-claims, etc.  

As of 3-19-09, Judge Skinner faxed a "Notice of Hearing" to take place at 1pm on 6-8-09 for this case .   His chamber is located on 3rd floor CCCH.



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