Is the Third Appeal Time a Charm?

[XLFD]

I have yet to win an appeal for a FOIA request yet.  I have formally went through an administrative appeal with the Ludington City Council about a dozen times, and have yet to win over one vote from the panel of seven 'judges' made up by our City Council.  I have yet to even field a question concerning my appealed FOIA response yet during those appeals.

 

I went into the local 51st Circuit Court to appeal a FOIA response that I thought was impossible to lose.  But I didn't count on the ex parte communications and the father-son relationship between the judge and one of the defense attorneys, or the total neglect of my main brief by the replacement judge after the first was disqualified, or the repeated unprofessional acts of the defense's attorneys or the City Manager perjuring himself.  I quickly re-educated myself and discovered it would be highly unlikely I could win against such odds.

 

So why did I spend $375 today to take my FOIA lawsuit into the Michigan Appeals Court with any hope for that court to figure anything different than the previous?  Because, I believe the Appeal's Court will finally be able to actually look and respond to the actual complaint I originally appealed and utilize the law and precedent in the figuring of the outcome of this contest.  Any decision the Appeal's Court (from Grand Rapids) becomes engrained into law, and there are several elements in the decision from our Circuis Court that cannot be allowed to stand unchallenged. 

 

I look forward to providing a bit more data from this appeal as it goes forward and to flesh out the specifics of what I am indeed appealing, and try to be as transparent as my opponents have tried to be opaque throughout the process.  I'm sure I can look forward to all those folks who believe I am wasting taxpayer money in appealing this once more telling me their piece, but I would ask them:  Why couldn't the City Manager of the City of Ludington John Shay originally let me inspect the thirty easily found documents that fulfilled this request instead of playing games since September 7, 2011?

 

And why doesn't the City Manager, or three term Mayor John Henderson, bother to disprove my assertion of Shay's perjury, or explain why most of these records I finally got showed an illegal and unethical violation of the "Contracts of Public Employees with Public Entities" to an extreme?  And why has the City of Ludington Daily News failed to even report on this after bringing it up four times at the council and numerous times at their favorite website.   I can't read minds, so we will just have to wait for this decision, and any further implications.

 

Here is a .pdf file containing everything except the check I sent off to the Appeals Court, the City Hall, and the County Clerk to start the ball rolling. 

Appeal 10-24-2012.pdf

 

[Lisa O'Brien]

Did they at least state why your appeal was denied?

[XLFD]

The order and the judgment made by Hon. Judge Mark Wickens are presented in their entirety in the .pdf file above.  There was nothing more.  If you'll note, the first "Order", rendering our side's position as "moot" references three entries from the defendant and only one from the plaintiff.  It totally ignored the gist of our argument contained in this:  Supplemental Brief.

 

When I respectfully asked whether the judge had been given the above document and after being told that he was "given everything", I asked why the body of my arguments contained in this brief were not considered in figuring out that order.  He dismissed any further inquiries on that topic to be entertained as he already had made that order.  After the election, I will post the original court hearing's transcript, and once I get the second hearing's, I will present that here as well.  It should be quite entertaining for all.

[Willy]

Wonderful, I am very glad to hear this. I've always said that in order to get justice, you have to leave Ludington. The court of Appeals will not have the  bias towards your case that our local judge seemed to have, that is unless Shay has been pulling one of Chuck's behind the barn sheep type servicing of the Judge.

[XLFD]

There was definitely some wool being pulled over the EyEs of the two judges featured in this saga, and some unnatural kowtowing if not actual cow-tipping.  The Court of Appeals judges have to actually make decisions following the law and precedent, and in that regard, I feel I have a strong position, no matter what Chuckroast opines.

[AQUAMAN]

Even though Judge Wicken's son is in Lake County, his daddy was here for many years as Circuis Judge, and the same "good old boy club" attitude remains alive and well with the son, obviously. By all means, let anyone outside this county review the documents and get a fair appraisal of the facts, hope remains, but is distant, with many mirrors and smoke to try to see through.

[Willy]

Ron

If I were a betting person, I would bet your not over the age of 13. If anyone sounds immature it is certainly you.

[XLFD]

Ron, I have most of the input into that trial from both sides on this website on one place or another.  If you can explain the Defendant's (City of Ludington) Answers, Counterclaim, and affirmative defenses to me in any manner that isn't totally absurd, I'd like to hear it.  If you want to refute my supplemental brief above with any logical legal argument feel free to do so.   I am at your mercy.  Otherwise, as Willy says. you come off as sounding immature and incapable of serious consideration.

[AQUAMAN]

To those of you that are Rotta knockers, please take a moment, or perhaps a Henderson timed 5 minutes,  to meet the man in person. You will find that he is not a "materialistic" type of person, to the contrary, more of an independent thinker, a student of life, a devoted father, and more kind and selfless than most you will ever meet in this town. I would add more, but I don't want to get his ego over-inflated, but, you get the gist of my point, nothing is further from true by making these hurtful and unwarranted inferences and accusations. Making opinions of people should be from real life experience, not rumor and gossip.

[Chuck Finley]

As soon as you talk with people that work at the sheriffs office and find out the facts that you pretend to know... I think its a fair trade

[AQUAMAN]

 Talking with "Strong Teamsters" isn't what I would call an independent study sir. But that is jmo. Horse trading is optional.

[Chuck Finley]

I figured you couldn't walk the walk.

[AQUAMAN]

Couldn't or Wouldn't ? Chucky? Big DIF!