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

 

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Ok wouldn't, you want for you but will not give for others, but again I think you can't because maybe your wanted or something so getting to close means you won't leave.

Aquaman,

I appreciate your unsolicited testimonial, but I think I failed in your assessment.  I got to the eighth word, and my inner Beavis came out ("He said 'knockers', heh, heh, heh, heh-- knnnnockers").

But seriously, I could be the second coming of Mother Teresa and I'd still get these same accusations thrown up against me from the same people who come on here to cloud the issues, instead of clarifying it.  Materialism may be their realm of choice, idealism is mine. 

But as for another unsolicited testimonial, here's one for you.  Another ningsite has taken quite an interest in not only mangling and marginalizing my good name, but yours as well, all under the aegis of anonymity.  Your positions throughout the last years have been consistent and clear, and come from a career of having to deal with a Ludington government that does not always do the right thing. 

Aquaman's father was a mayor and city councilor of Ludington before WW2, and I had the thrill of reading some of his writings last year when I was running for office, and found them very inspirational, very much what Ludington needs now, and very close to his son's heart.  I see concern for common sense in policy and  the common folks of Ludington in Aquaman's posts, and hear of it when I have the pleasure to talk with him.  This is what puts him at odds with the current kakistocrats we have serving us, and a target for their venom. 

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