Monday, July 23, 2018


TODAY WILL TELL THE FUTURE OF GBIC

The ruling of an associate judge has as much worth  as toilet paper.  As was noted Nurith Galonsky has the right to have the Temporary Injunction heard de novo by Judge Uresti.  Today appears to be the deadline.  In most cases you have three days to appeal.

WHAT NEEDS TO BE DONE

I have been in this situation before and won immediately with the court of appeals.  Nurith's lawyers today in addition to filing the appeal and asking for a new hearing, MUST, File an Application for Stay of the hiring of Mario Lozoya Pending the TI hearing OR in the Alternative Pending a Petition for Writ of Mandamus.

If Judge Uresti refuses to sign the stay, the same stay can be filed today or tomorrow with the Court of Appeals.  They must also file  a mandamus, along with the Application for Stay Pending the Petition for Writ of Mandamus.  By weeks end or sooner Mario Lozoya can be out of a job again.

The good news is the Rules of Appellate Procedure bar them from taking the "War and Peace" approach instead of the "Canery Row" approach to preparing the brief.  They is a word count requirement which must be certified.  An actual petition is rarely more than 10 pages.  With front matter which is not counted in the word count it can go to 20 pages.

This is so simple.  The Issue Raised is simple, the court used the wrong standards in considering the Temporary Injunction. Broadly stated issues encompass the penumbra of all related issues.

The case law is overwhelming that irreparable injury in a TOMA case is not required.  Judge Sorola either intentionally ignored the well established law, or proved once again he lacks the legal acumen to under basic law.

They must also amend the Petition to add the TOMA violation concerning the hiring of Rene Oliviera.  It is not moot.  It also allows them to argue pattern an practice which Sorola refused to allow them to argue. The court of appeals will consider pattern an practice as a big part of this mess.

The legal doctrine that says GBIC by-laws do not allow for an Executive Director is well established.  Because the city knew the BEDC provided for an Executive Director when the city amended the GBIC by-laws the city knew if they wanted an Executive Director they needed to add it and they did not.

Cesar de Leon admitted on the stand he signed the contract to hire Lozoya before the question was presented to the GBIC Board of Directors.  Sorola is either too incompetent to understand these simple basic principles of law, or just ignored them.

I learned a lot at the hearing.  Because of how the city is part of this they are neglecting their duty to protect the taxpayer from fraud.  I spoke with the State's Auditor's office and they have jurisdiction regardless of any trial court ruling.  The city needs to intervene now.

The city also needs to call an emergency meeting and end the GBIC or at a minimum removed Cesar de Leon, Jessica Tetreau and David Betancourt.  The mayor can call an emergency meeting today.  I somehow suspect Ben Neece will second the call for the meeting.

MIKE HERNANDEZ

It is no secret GBIC's lawyer Luis Hernandez is Mike Hernandez's cousin.  Rita Hernandez after retiring from BISD immediately took a job with Mike Hernandez.  If you cannot see the conflict there you are as incompetent as Luis Sorola.  Mike Hernandez is calling the shots.

If the appeal is taken, no amount of support or money from Mike Hernandez will be able to save Luis Sorola.  The court of appeals opinion will allow just about anyone to challenge him in the election and he would lose.  

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