Wednesday, November 19, 2014

It appears the court is in recess with a ruling pending as early as tomorrow.  I have emailed several people who were in the courtroom whose assessment I can trust.  As soon as I hear I will update again.
Apparently Judge Nelson is receptive to the legal conclusion that all UT campuses fall under the UT System and that the argument Rose Gowen does not work for the UT System may be without merit.  But understand receptive only means that.  After further review of the statutes and case law Judge Nelson could very well agree with UT.
Judge Nelson is also receptive to the argument Rose Gowen had a conflict of interest.  If in the end he rules such a conflict exists the court will void the city commission vote.  It will not matter whether it was for the sale of the land or to negotiate.  The vote will be void.
The lawyers were given the option of additional briefing. 
If Judge Nelson were to deny the Temporary Injunction, the Court of Appeals within a week could reinstate what is effectively a stay.  This is why I believe he will be extra studious in his review. 
People this battle is not about Lincoln Park - it is about how the politicos have treated us for decades.  A Lincoln Park victory changes the game in Brownsville and Cameron county.  In my view a Lincoln Park victory will force our elected officials to get serious about meaningful economic development while ending the sucking of our limited resources to fund the UT System.
First, I will not be there - I am still too sick.  Other than going to CVS real quick for some more cold medicine and something for my burning throat I am back to bed.
Because a ruling on a temporary injunction is subject to immediate appeal, I suspect Judge Nelson will be extra studious before he rules.  This means he could [but may not] carry the TRO over until such time as he can properly review both side's legal arguments.  The immediate appeal means that the court of appeals could actually reverse Judge Nelson, at least on a temporary basis, until such time as the court of appeals can do a full review of the case.  This is why I believe Judge Nelson will be extra studious.
His comments in this morning's Herald are laughable - immunity - first of all the park was built on federal grant money.  With nearly rare almost never cases, a condition of federal grant money includes a waiver of immunity. 
On the issue of Rose Gowen's vote - the statute provides for suit to void the vote if she did in fact have a conflict of interest.
On the issue of the park - the statute provides for judicial review to insure compliance. 
In the end Mark Sossi's argument concerning immunity is simply laughable - but fools do sometimes win in spite of themselves.  This case will hinge on whether or not Judge Nelson rules UT is an entity.  This issue is ripe.  Rose Gowen did vote.  If she was conflicted out then her vote does not count and what ever the city authorized with its vote becomes void.  It is really that simple.  Every argument outlined in this morning's Herald attributed to Mark Sossi is without merit.
There may be a hyper-technical issue in the plaintiff's pleadings, but because it can be corrected, Judge Nelson would have to grant leave to make the correction - assuming it exists in the first instance.
As various sources report to me what happens I will report - but nothing I report will be first hand because I am back to bed after my brief trip to CVS.
Judge Nelson would be within his right to ask me to leave the courtroom based on my coughing alone,


Anonymous said...

Always an excuse with you. Pathetic.

BobbyWC said...

And the 80 plus hours I spent blogging the Villalobos trial at great expense and no pay - versus the reporters who expenses and pay were covered.

What is pathetic is a troll with nothing better to do than to sit around drinking over priced coffee looking for things to complain about.

Only the BV in terms of social media covered the Villalobos trial - that is a fact =- with more than 10,000 readers a day - that is a fact

Find a purpose to your life troll

Bobby WC

Bobby WC