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Open carrier sues Evansville, IN for removal from zoo

Titanium_frost

Regular Member
Joined
Nov 10, 2011
Messages
61
Location
Evansville, IN
We won the appeal splendidly. Now we wait to see what the City will decide to do, my bet is that they will drag their feet any way they can to prolong the lawsuit, in other words they have two options, ask for the Appeals court to look at the decision again (doesn't seem likely they would accept since this decision wasn't even close) or try to take it up to the Indiana Supreme Court. Either way delays the lawsuit for months longer and adds significant lawyers fees.

Link to the decision
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,321
Location
Troy, Michigan, USA
We won the appeal splendidly. Now we wait to see what the City will decide to do, my bet is that they will drag their feet any way they can to prolong the lawsuit, in other words they have two options, ask for the Appeals court to look at the decision again (doesn't seem likely they would accept since this decision wasn't even close) or try to take it up to the Indiana Supreme Court. Either way delays the lawsuit for months longer and adds significant lawyers fees.

Link to the decision
great news!
 

Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
Just finished reading it, and yes it sounds like the appeals court struck down the City's every claim pretty soundly.

What is the next step for you from here?
 

ICBM

Member
Joined
Jun 14, 2014
Messages
76
Location
McCordsville, IN
We won the appeal splendidly. Now we wait to see what the City will decide to do, my bet is that they will drag their feet any way they can to prolong the lawsuit, in other words they have two options, ask for the Appeals court to look at the decision again (doesn't seem likely they would accept since this decision wasn't even close) or try to take it up to the Indiana Supreme Court. Either way delays the lawsuit for months longer and adds significant lawyers fees.

Link to the decision
Keep dragging it out. You're gonna win and the only difference is you'll be richer. Make sure to do as many consultations with your lawyer as "reasonably" possible. Think of it as an investment against the cities bad policies.
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,514
Location
Secret Bunker
Keep dragging it out. You're gonna win and the only difference is you'll be richer. Make sure to do as many consultations with your lawyer as "reasonably" possible. Think of it as an investment against the cities bad policies.
Folks - I have to bring up a point: it is really easy for us to cheer on the OCer in this case (I do too), but telling them to spend more money is exactly what the other side wants.

There is a clear pattern of little local tin pot city dictatorships across this country defying & at times thumbing their noses at state preemption laws etc...

They know they will lose on appeal, (hopefully) but they don't care! They have huge piles of taxpayers monies to urinate out the window to assert their "control" on the little people. You know what? Often, they are successful! Many people cannot afford to take these BS cases against them to trial. And this is exactly what these unjust LEA's / city's hope for.

It's called $$$ FISCAL RE-EDUCATION, {used to punish lawful citizens that legally do things that are not to your liking} and it is used more often than most suspect. Until we see officials being personally liable for BS charges and the burden they present (lost wages / lost jobs / lost property on & on & on...), this will continue to be a "go to" move by corruptly officials who wish to control citizens & not obey the laws they swore to uphold.

Stepping off soapbox crate now....
 
Last edited:

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
Of course. There is always more taxes to steal. There are recent examples of taxes being raised to pay for police misconduct payouts.
 

Titanium_frost

Regular Member
Joined
Nov 10, 2011
Messages
61
Location
Evansville, IN
Basically there is nothing to do at this point except wait and see what the City attorney's next move is. They have a certain amount of time to decide a course of action and then a certain amount of time to pursue a decision and then after exhausting all other options we may get to a trial. They will try anything at this point to not get there in a hurry though.
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
915
Location
Yuma, Arizona, USA
Delay works for them; They may be out of office or Retired by Trial date

Basically there is nothing to do at this point except wait and see what the City attorney's next move is. They have a certain amount of time to decide a course of action and then a certain amount of time to pursue a decision and then after exhausting all other options we may get to a trial. They will try anything at this point to not get there in a hurry though.
Delay, delay, delay. The horse may learn to sing. There should be some personal consequences for their actions. This could be structured in the law. I believe the Florida law did so, and it worked very well.
 

Titanium_frost

Regular Member
Joined
Nov 10, 2011
Messages
61
Location
Evansville, IN
Well the city has officially petitioned the Appeals Court for another embarrassing smackdown. They took 28 days to file and I believe there is another 30 days for the Appeals court to respond to their request for a re-hearing since it was such a close call the first time :rolleyes:
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
915
Location
Yuma, Arizona, USA
Those Triple legal fees must be mounting up!

Well the city has officially petitioned the Appeals Court for another embarrassing smackdown. They took 28 days to file and I believe there is another 30 days for the Appeals court to respond to their request for a re-hearing since it was such a close call the first time :rolleyes:
We need to find ways to hold local officials accountable.

Florida has shown one way.

Keep up the good work. I am looking forward to a final result.

Do you have any idea how long this may take? Months more? Years more?
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,015
Location
Cincinnati, Ohio, USA
Well the city has officially petitioned the Appeals Court for another embarrassing smackdown. They took 28 days to file and I believe there is another 30 days for the Appeals court to respond to their request for a re-hearing since it was such a close call the first time :rolleyes:
Do you happen to have a link to the city's petition?
 
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