Thank Gawd I wasn’t drinking anything when I heard a gentleman say that at the planning commission meeting. I would have shot it through my nose. I’m also surprised he wasn’t gaveled after the comment.
I have been listening to the Planning Commission meetings lately, they are usually long and boring. But the public testimonies are usually pretty heated. People in Sioux Falls are pretty passionate about their property and property rights.
In last night’s meeting the commission was debating whether or not to recommend approval to the council of a 180 day stay ordinance involving campgrounds. No matter where you stand on the issue (not sure what side I would take) it is obvious from public testimony the way the ordinance is written it is extremely flawed on many fronts and one commission member even suggested that a task force looks at it before approval. The Commission approved it anyway (tie vote, chair broke tie) to move onto the council (which will have to debate it also and I think it takes a 2/3rds vote to pass).
What made this public testimony even better was when local businessman Duane Spader who owns a campground showed up to chew ass. He basically said (besides the city acting like the Gestapo and dictators) that the way the city’s ‘one-liner’ ordinances are written it gives them wiggle room to do whatever they want to, to a suspected code violator.
It was beautiful, he handed the city their bullcrap city ordinance mess to them on a platter and basically said the system is broken and needs to be fixed. For Christ’s sakes alive, how many lawsuits and business and property owners have to tell the city that Home Rule and the city ordinance charter is broken before they fix it?
The theatrics were pretty funny. Mr. Spader didn’t hold back, at one point even accusing the commission members of not understanding the repercussions of their decisions (sounds more like the City Council and Mayor to me). They tried to pull the 5 minute rule on him (like Northside Davey did with me) but Mr. Spader was having no part of it and said when he’s done, he’s done. They gave him a time extention.
If you have the free time, it is worth at least listening too. I can’t wait to see his performance before the council. He has already stated that Staggers is the only councilor that stands with him.
Click on the planning commission meeting dated 5/06/09 and Fast Forward to about 1:16 hour (That’s when Spader rocks out). You might want to start at about 1:00 to see the full testimony about the ordinance change .
If it’s true that SF has one-liner ordinances and that they are vague, subject to multiple reasonable interpretations – then a law student could get those thrown out in court as being unconstitutionally vague.
Home Rule is unconstitutional. ‘Plaintiff’ who comments here often is trying to get his code enforcement suit heard by the SC Supreme court. If he does, I think the state will slap it down once and for all. Unfortunately this little experiment has costed taxpayer’s tons of money in litigation and probably even more to get it fixed. But like the councilors are always squawking about, ‘REAL’ progress cost money.
No, a lawyer cannot get one liners thrown out. City code, post 2007, is ‘Judicial Review’ not ‘Appeal to Circuit Court’. Their opinions via multiple interpretation one liners are final. A court reviews their process but cannot change a decision. Sorry, you live in a socialist city. At 1hr 22min the chair had the nerve to say the city does not deny due process. Actually, their kangaroo hearings violate each and every point from the SD Civil Procedures act and 2 US Constitution amendments. My case started in 2006. The next trial date is June 16. If I can get out of Circuit Court, I fully intend to lobby into the state supreme court.
A few things here. At city judicial hearings, you’re not allowed to present evidence or subpoena witnesses. There is no formal recording. A case file is not maintained. The assistant city attorney conducts the hearing. The independent hearing examiner might as well not be there. He drops down an irrelevant stack of paperwork and pronounces there it is, let’s go home. I think the mayor knows what’s happening but the city council doesn’t. It’s time to replace the mayor and start over with the city attorney’s office
City attorney Amundson? BAHAHAHAHA! What a joke. Mr. Refuses to answer legal questions about elections and petitions because the citizens of SF are ‘Not his client’. Maybe the citizens should tell Amundson he’s ‘not our employee’ and kick his ass out of city hall.
Any court at any time can, on its own, consider the constitutionality of the procedure, ordinance, or law. Most judges would argue that is an inherent DUTY of a court.
If one is barred from presenting evidence or witnesses at an administrative hearing then it appears that one is being unconstitutionally barred from “being heard in a meaningful time and manner.”
Maybe the citizens should tell Amundson he’s ‘not our employee’ and kick his ass out of city hall.
Talk about hammer time.
I would even help him carry his boxes out so he wouldn’t have a ‘Cheney incident’ while cleaning his desk out.
John- Two words the city attorney’s office cannot comprehend “Due process”
Yes, a court can decide you were not heard in a ‘meaningful time and manner’. That’s the basis for my case. I’m not asking for a monetary award but a declaratory judgement forcing the city to acknowledge state and national constitutional law. They have unlimited monetary resources and have kept me in court for years. I have 40K in legal expenses. I’m sure they have at least 100K but that’s taxpayer money not their money. I’ll fight till I’m broke. As a veteran, I’m angry. My money is better spent supporting terrorists but I support the government, just not city government.