I will not post the entire 26 pages of the verdict, BUT, I will post some highlights and the conclusions. Click to the right for the entire document. (11-12-09 findings and conclusions)
Remember when the news did a series of stories about how code enforcement was a mess? This paragraph speaks volumes;
And the last sentence in this one says it all – beat a dead horse and maybe it will wake up.
I think the verdict is pretty clear – the city is violating citizen’s constitutional rights to Due Process. Wonder if the city will appeal the decision? I want to personally thank Dan Daily for taking up this cause, this just wasn’t a ruling for him, but for the citizens of Sioux Falls who have been harassed by the city and had their hands tied. While many people may think I am mean in some of the statements I make here, most of the time I am being sarcastic, but right now, I am not; someone needs to pay for the code enforcement mess, dearly, and hopefully it will be city attorney Tornow. Besides being fired, I would love to see him disbarred, fined and jailed for crimes against the constitution.
Wow. Well done.
I forgot to also mention it seems that Caldwell had no choice but to rule in Daily’s favor (since the US Constitution is pretty clear). But filing a verdict (Way back in November) and not letting the plaintiff know the outcome until now (ironically after a new mayor and council is sworn in) is suspicious. Should have Daily’s lawyer been more aware and prudent he may have found the verdict earlier. But did the city know about it? And if so why no word on an appeal? And why didn’t anyone in the media know about it? This opinion was handed down very quietly . . . why? Who was Caldwell trying to protect? The citizens or the city? Strange.
Why is this not front page news on the Argus? Are you friggin’ kidding me… the city has a system in place which is blatantly unconstitutional and we have to read about the court case on a blog? (no offense intended l3wis).
This is simply amazing to me. So what is Dan’s next step… surely he should be able to sue and collect expenses he has paid to fight this battle. And what is the next step for the city – they have to change their entire process which surely won’t happen overnight.
I could answer some of those questions for you, but Dan asked me not to say anything at this point. They are waiting to hear if the city will appeal. My assumption is the city knew about the verdict in November, and just like his case itself, they want to drag this out as long as possible.
If you have a chance, I encourage you to download the PDF and read the entire thing. There is only one word to describe the people involved with code enforcement with our city; CLUSTERFUCK.
I read it – and it seems the city (and a few select employees including the city attorney and several code enforcement officers) were simply holding a grudge against Mr. Daily.
I still smell a rat when we realize the decision was passed down months ago and yet we have to wait until after the Mayoral election to hear about it? Surely that cannot be a mere coincidence and this seems to be yet another example of the Munson administration wiping their hands of the mess they created.
There simply are no words that accurately describe this gigantic mess, and even after all of this I’m left wondering what the city will do. Will they simply drop the citations or will they find a new and improved way of trying to cite Dan? I also recall Dan making a statement of a code enforcement officer driving by his home with a gun pointed at him… and at one point he mentioned he had the incident on videotape. That evidence needs to come to light and the party responsible needs to be charged and arrested for his actions.
I just don’t even know where to begin with all of this. Hopefully the changes Huether is making in the city attorney’s office will have a positive impact on these types of situations. Makes you wonder how much of an impact this case is having with Mike’s decisions on who to keep and who to send packing.
“Makes you wonder how much of an impact this case is having with Mike’s decisions on who to keep and who to send packing.”
I hope so. I hope he knows about it and I encourage Dan’s lawyer to contact the mayor. Due process is important to our democracy.
Can’t speak to this but thanks for your thoughts.
I must defend plaintiff attorney and Judge Caldwell. Attorney checked almost weekly with court. Usual procedure was not followed. Once he discovered a closing date ahead of his last court date, he was on it. Perhaps, Judge Caldwell realized this case should be handled by the new mayor or appealed into state court.
Paraphrased:
First they ignored
Then they laughed
Then they battled
Then he won
(Gandhi)
After reading this;
http://www.argusleader.com/article/20100519/UPDATES/100519035
I agree that I think she was witholding the ruling to protect Munson.