CTLAC

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.

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.

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.

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. 

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.

LOTS OF FRONT PAGE NEWS, There is an article on the front page no less, BCC remains at five as lawsuit lingers in courts, by Greg Walsh, Managing Editor of Clay Today.  Thank you Mr. Walsh for writing an interesting/informative article and getting remarks/comments from both sides ... how refreshing!  Hope all of you will read it!!  Future plans are stated/confirmed by Roy Lyons. 

Stryker

Just to bring you up to date on the appeal, things are now getting very interesting.  Roy Lyons is appealing Judge Buttner's Final Judgment on the salaries.  That's what the cross appeal was about. 

Professor Little filed a motion for oral arguments and it appears it may have been granted as there is a new face on the scene.   His name is Ronald A. Labasky, Esq.,  Florida Bar #266326, of Tallahassee who is the General Counsel for the Florida State Association of Elections, Inc., and registered lobbyist for Florida Tax Collectors.  His 1DCA cases total 12 with some success.   You may view his bio at www.yvlaw.net.

The public is invited to attend the CAN general meeting when the topic will be: "Has Roy Lyons' Lawsuit Killed Citizens' Initiatives in Clay County?"  Jane Padgett (CTLAC) and Harold Rutledge (District 5 Commissioner) are the guest speakers.  Come and join in the discussion - it should be very interesting!

With Jane Padgett's permission to post this on the MCS Blog, following is an email from CTLAC received 9/28/08:

• TERM LIMITS WORK-- Commissioners Bush and Fitzgerald will be term limited in November, 2008.  
• SINGLE-MEMBER ELECTIONS WORK -- Voters in District 5 recently ousted Incumbent Commissioner Rutledge, apparently believing that he was not meeting their needs.  It's highly unusual for incumbents to lose elections, especially in at-large elections.  Citizens in single districts have more control and accountability over their commissioner.  
• The Clay Co. Republican Women recently hosted their monthly luncheon meeting with guest speaker Gordon Jesperson.  Jesperson (of the Kopelousos-Bradley law firm) spoke on the state and county amendments, with emphasis on the county amendments.  We wonder why no member of CTLAC was invited to speak, since we are sponsoring and promoting the amendments. It is no surprise that Mr. Jesperson opposed all 3 of our proposals and told the unquestioning audience his reasons for doing so.  We, the sponsors, were not invited and were told that if we attended, we would not be allowed to question Mr. Jesperson's statements.  So much for fair and balanced.  Is this the "Clay Way" of educating the public to the truth?  
• Harold Rutledge and Jane Padgett will be guest speakers at the CAN meeting on Thursday, Oct. 2, at 7PM, at Fleming Island Library Meeting Room.  The topic will be, "Has Roy Lyons' Lawsuit Killed Citizens' Initiatives in Clay County?"  Please attend and voice your concerns.  Unlike the Clay Republican Women meeting, CAN will allow you to ask questions. 

Hope to see you Thursday at the CAN meeting!  

Diane Hutchins, At Large Commissioner Elect has joined the lawsuit against the CTLAC, Clay County and the Supervisor of Elections.  It may not have hit public records yet but it will.

Everyone can draw their own conclusions, mine of course are not good ones but I cannot say I am surprised.  I already believed she was another cog in the special interest steam roller that appears to be a Republican thing in this county at least, perhaps state wide.  That also is something everyone has to make up their own minds about.

I don't fault the woman at all for hoping the 5+2 amendment fails to get on the ballot.  After you put all that effort and all that money contributed it makes sense one would want to be able to do the job and not just walk away with nothing.

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.