Wednesday, July 11, 2018


THE LAWSUIT STATUS

I want to be clear, I know what I know because I am being kept informed.  I do not know the name of the lawyer or even the plaintiff.  I have not been involved in drafting the lawsuit.  The lawsuit does contain my TOMA allegations, but I got them from the person keeping me informed about the lawsuit.  So I did not even help there.

When I do a lawsuit, I prepare the defense of the lawsuit before it is filed so I know I am on good footing.  I believe this is where they are at now.  They want to go in strong with defense of the lawsuit.  This is how good lawyers conduct themselves.

A basic rule of statutory construction is, if the State creates an agency with specific rules and guidelines, and then creates a similar agency not including the same specific rules and guidelines then the courts presume, and rightfully so, the legislature did not intend for the guidelines of agency A to apply to Agency B.

Further by-laws are overruled by statutory law.  You cannot write by-laws to overrule statutory law.

At this point I cannot say for sure when the lawsuit will be filed.  I cannot say what the judge will do.  I know the process.  The judges can pass this around until a visiting judge can get here to rule on the TRO.  I fully expect a visiting judge for the temporary injunction hearing which is set after the TRO.

At this point there is a very tight lip on the lawsuit, so even I am in the dark as to what is happening.

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