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Mr. Shawn Turnow, City Attorney
Interesting that I have been waiting for months for a hearing on the
circuit court appeal on constitutional issues, and then read in today's paper that I never showed up for the hearing.
I NEVER received a notice of any ruling by the court or any action or
response by the court on your motion to dismiss which was filed only
days before the scheduled hearing.
On the second of March, 3 days before the hearing scheduled, with a
motion to dismiss the entire matter filed by you before the court, I was
entitled to file an opposition to the case being dismissed, to read that go here
Since there was now an unruled on motion to dismiss there should have
been a hold on any hearing until the court ruled on the outstanding
motion. (that was my past experience in court at least) If it was to
be dismissed there would be no hearing and I never received a ruling on
the motion to dismiss one way or the other.
Nor did I ever receive a notice of a new hearing schedule.
I had previously wrote the county clerks office, that I had heard these
appeals of city abuses were NEVER ALLOWED TO HAPPEN and you can read
that here.
I never received the courtesy of a response from the county clerks
office nor did I receive the courtesy of a response to subsequent
correspondence to the city attorney office. You can read those there
also.
You were aware there was a motion to dismiss because you filed it solely to get the matter thrown
out, the very genuine court system appeal
you tell everyone they are entitled to if they do not like the "pretend
court" administrative shows you put on.
You then turn right around and get the circuit court to throw it out and
NEVER hear an appeal. This was the step and ritual I planned to go
thru.
Also makes me look like I am not competent or confident of winning this
by not showing. It was and is very important step on my way to Federal
Court and final determination of constitutional issues. If I had been
aware of a ruling and determination on whether it was being dismissed at
your request or not and a subsequent scheduled date I would have been
there.
I had been aware of this similar case since the traffic photo case is
expecting a ruling or at least a hearing on the same constitutional
issues on June, 13th and may likely settle the whole matter, I assumed
my hearing was being held up to coincide with that.
Instead, I have to read the Argus to find I am the victim of an end RUN.
The second ticket was dropped at the last moment when I claimed it was
illegal because I had an appeal pending on the first one. It turns out
it was dropped because the appeal was squelched and this would have
given me another shot at circuit court appeal.
Therefore I guess since you dropped the last ticket at two hours before
the hearing after you knew I was working on houses in Arizona, and I
flew all the way back, you now have to write me a new ticket cause my
newsracks are being refurbished all summer in my back yard just like
they have for the last 18 years.
This time when you file to get it dismissed on this flimsy charter argument, I will be there even though you do it at the last minute so
court can not rule on it before the hearing.
Looks like the only step now if the traffic photo case constitutional
ruling does not end it in circuit court and you do not write me another
ticket, so I can get an appeal heard in circuit court (I will apply for
a rehearing date on the old filing which likely will go nowhere) I will
then just have to move on to Federal court without a circuit court
ruling, which we all know how they come out anyway with
your advertising the ability to appeal to circuit court and then when a
citizen does appeal city actions to the circuit court you file to get
it thrown out as you did in my case with your motion for the court to
dismiss.
Also on my research for all the others who have proceeded me.
(successfully thrown out)
Did not have to go thru that on my case since I received no notice of
the ruling on the motion to dismiss and my duly filed opposition to that
motion or a new hearing scheduled if the motion was denied, and somehow
became an automatic "default" no show.
This week I will file a request for a new hearing date on the original
ticket since I never received a ruling on the motion to dismiss, and
lets wait and see what happens in the traffic photo case on the
unconstitutional grounds.
If that does not solve it then write me a new ticket and we will appeal
to circuit court for a ruling on the matter with my pleadings, and when
if that fails then off to federal court. If photo case does not solve it
and no ticket, then it is off to federal court with out a circuit court
hearing.
Please issue another ticket about my health hazard newsracks promptly
since I will be out of the country June 18 to July 25th and would ask
that all tickets now or be held up until my return. You can send all
the tickets your entire staff can write after July 25th.
You will also need to know we expect a semi load of newsracks (fourth
one in 18 years) this fall to be delivered to and deposited in our commercially zoned back
yard. Maybe two loads since we need 300 more
machines for our new newspaper being added to the six states this fall.
However, the commercially zoned back yard originally enlarged
considerably with the addition of the two lots behind it to turn around
semi trucks, only holds about 150 at a time.
We will likely be removing the bus now in the yard to allow more room
for racks since it seems to be too hard to find a commercial licensed
driver for the diesel bus to use it on the newspaper route.
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