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Mountain Park Life :: Forums :: City Issues
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Lakes Litigation Verdict

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Thu Nov 04 2010, 03:37pm

Joined: Tue Jul 12 2005, 10:03pm
{LOCATION}Posts: 236
The trial proceedings document is now available here for your information purposes.
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Fri Nov 05 2010, 03:02pm

Joined: Tue Jul 12 2005, 10:03pm
{LOCATION}Posts: 236
Only three people were in the audience for last night’s Special Called Council meeting. Before going into a closed executive session to discuss the lakes litigation, we asked to pose a question to attorney Martin Shelton, which was allowed. The question was: Considering the financial devastation the litigation has caused the city, would you consider significantly reducing the $20,000 a month payment we are making against your open balance in order for the city to apply money to needed projects? Shelton answered: I’m not the individual that can answer that – the law firm partners would make that decision. That was all he said. Another person asked the council how much is still owed to Shelton’s firm. The answer was: $680,000 as of October 1 and, perhaps, up to $800,000 now. The third person said we should not pay the balance.

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Fri Nov 05 2010, 03:49pm
Registered Member #338
Joined: Sat Jun 14 2008, 08:40pm
{LOCATION}Posts: 16
Let me answer the question the Editor posed on behalf of the entire Mountain Park community: the city should not pay one additional dime to the attorneys, regardless of the amount owed and regardless of any prior agreements. The attorneys provided poor advice when the case was evaluated, they were inefficient during the course of their representation, and they did such a poor job at trial their butts were handed to them. (I'm wrong: They were our butts that where handed over.) Why would the city pay these stooges one additional red cent?

If you are worried about "breach of contract" or some other legal mumbo jumbo, didn't the attorneys breach their contract to the city when they lost the case after receiving over $1.5 million of our money (with another $800,000 owed to them)? What happened to, "The Clean Water Act case is a slam dunk!" and "You are absolutely going to get your legal fees back!"

And why would the attorneys be asked "if they would consider..."? Are you kidding? These jerks screwed the city (with the assistance of a dishonest, and at other times, inept council). Why is there even any discussion about the balance owed to the attorneys?

Stop cowering to the attorneys and treat them like the workmen they are. When did common sense go out the window? If a plumber messes up the plumbing in your home and connects the sewer line to your drinking water would you pay him? H&*ll No! You would call 20/20 and the local TV stations and put his lying and incompetent face on TV. I may not know how to install a sewer line but I can tell when there is poop in my drinking water.

These are the 2 questions which should be asked:

1. Are there grounds for a malpractice suit?

2. How much money should the attorneys be refunding the citizens of Mountain Park?

Oh yeah, and 2 others:

- How much was Claire Johnson paid the last 5 years for her brilliant and indispensible help with the lawsuit?

- How do we hold those who got us into this mess (and who lied to us during the 5 year journey) acoountable?
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Mon Nov 08 2010, 04:44pm
Registered Member #256
Joined: Thu Nov 01 2007, 08:41pm
{LOCATION}Posts: 40
Any word on what the council decided? I assume no word means that the appeal is underway.
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Tue Nov 09 2010, 05:16pm

Joined: Tue Jul 12 2005, 10:03pm
{LOCATION}Posts: 236
JH, as we understand, from the time of the verdict, one side files a brief within 20 days, with the other side having 20 days to respond. An appeal may not be able to occur until after that time but, hopefully, someone can confirm whether this is true or not. We will try to get better details in the coming days but perhaps the above vague information will spark someone else's memory of the town hall meeting discussions about moving forward.

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Tue Nov 09 2010, 06:58pm
Registered Member #75
Joined: Wed Oct 05 2005, 04:23pm
{LOCATION}Posts: 59
20 days for the city to file briefs then 20 days for the defendants to respond per city attorney at meeting. Judge has no time limits to decide on verdict.
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Wed Nov 10 2010, 03:54am
Registered Member #338
Joined: Sat Jun 14 2008, 08:40pm
{LOCATION}Posts: 16
Review the "Trial Proceedings" link posted by the Editor above. Beginning on p. 15, Line 10 the objections and motions are discussed. There are a bunch of issues that attorney Shelton can chew on, mull over and write about for months (while continuing to bill the city). Then the appeals will begin (so he can save face and keep the cash register ringing).

Let’s hope the city takes to heart this exchange:

MS. COOPER: Your Honor, on behalf of Day Investments, I would just like to reiterate what Mr. Moore has to say, and if plaintiffs would prefer to continue to file briefs, and fight about offers, and judgment, and what not, that is certainly their prerogative, but we are prepared to sit down and resolve this once and for all.

THE COURT: Yes, sir.
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Thu Nov 11 2010, 08:44pm
Registered Member #71
Joined: Tue Sep 20 2005, 03:16pm
{LOCATION}Posts: 2
"We were promised and slam dunk case and complete reimbursement of costs."

There was never a promise of anything except making every effort to have those responsible for the damage to Mountain Park's lakes being held responsible for their actions. That effort is still on-going.....

Abandon not your hope or conviction.

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Fri Nov 12 2010, 02:17am
Registered Member #338
Joined: Sat Jun 14 2008, 08:40pm
{LOCATION}Posts: 16
Are you kidding or inebriated? That is the wisdom which brought this city a $45,000 verdict after spending $2.2 million in legal fees.

Hope all you want. Just don't spend another dime of the taxpayer's money.
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Fri Nov 12 2010, 03:41am
Registered Member #185
Joined: Thu Jan 11 2007, 10:54pm
{LOCATION}Posts: 3
So, now there was never a promise!

And really, why would this oligarchic government ever promise anything to the citizens? Don't they know very well that they own and control everything in Mountain Park, treating us as unwanted tenants on "their" property, or simply the tax cash caws? Don't they think they will always do what they see fit no matter what the citizens say? Aren't they perfectly confident that they will be able to drain our scarce resources and raise our taxes as much as they so eagerly desire and for as long as they are pleased?

So, according to Mr. Pulling, they actually promised to make "every effort to have those responsible for the damage to Mountain Park's lakes being held responsible for their actions."

Let's read the verdict now:

"Assessment of Fault
Was Mountain Park to some degree responsible for the injury or damages sought against Defendants in the case?
If so, what is the fault attributable to Mountain Park?
Yes, 80.5%"

So, if I read it right, the Mountain Park government does keep its promise. It relentlessly fights against us, the taxpayers. Over the last 35 years we people did not pay enough to the city hall for the lakes maintenance. Maybe we simply could not afford this maintenance, and maybe we still can't. But our zealous leadership is not happy with such a reality. They want to continue to fight the "good fight." Fight against us the taxpayers and at our cost.

There were numerous calls for responsibility on this forum and during the late city hall meetings. They will remain unanswered because responsibility and transparency are not the qualities of people who make decisions in Mountain Park in recent years. Moreover, honesty isn't among their virtues either.

Dear neighbors, we can certainly continue to bear paying double and triple in taxes and see our city budget bleeding red and services deteriorate because standing for our rights as citizens and homeowners is dangerous in Mountain Park; none of us wants to be involved or touched by the dirty city hall politics, or God forbid, taken to the court by the members of the "lake clique" via their selective code enforcement route. We simply agree to pay the high price as calling for a change could cost each of us individually even more - in money, health and peace. We all realize that those individuals who dominate and control our government have the highest self-esteem imaginable and will never admit their fault in constantly mismanaging our resources, misusing legislative power and abusing our patience. We can surely reconcile ourselves to the thought that as it was mentioned elsewhere on this site, "nothing good comes from Mountain Park" in relation to our government, and as long as we stay away from trouble, the trouble will stay away from us.

But why do we have to? Why don't we all say one day: enough is enough, - and bring this ordeal to the end. There are many other ways to restore the Mountain Park to a healthy community and a well-cared-for city at so much lesser cost. Let's do it before it's too late.
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