South DaCola

Plantiff FINALLY has his day in court, and more to come

The hearing that city attorney Shawn Tornow has been obstructing for years finally started yesterday;

Sioux Falls resident Dan Daily brought the case. He argues the city’s administrative hearings violate basic due process rights of residents and businesspeople who appeal citations or disputes with the city. Daily has been battling the city over a $200 driveway extension since 2006.

 

The city hires private lawyers to hear appeals and render decisions when a resident disputes a citation. But Daily argues those lawyers are not sufficiently independent from the city, and residents aren’t afforded basic rights that are the foundation of the state’s judicial system.

If the city is paying them – how is that independent?

The process doesn’t guarantee residents the ability to subpoena witnesses, request depositions or force the city to produce documents. But former City Attorney Gary Colwill testified that the city’s intent was to create a “citizen-friendly process.”

You are kidding, right? When you say ‘citizen-friendly’ are you talking about project TRIM’s vague blanket code enforement? Or are you talking about how you can destroy someone’s credit rating through small claims court? Or are you referring to the flow-chart that looks more like a ‘Where’s Waldo’ poster then an official process? Just what part are you referring to Gary? Either you were flat out f’ing lying on the stand or you are completely delusional.

Maybe Plaintiff will give us an update in the comments section . . . .

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