Dan would know, he experienced it first hand;
He was told it was his responsibility to prove his innocence; which he did five years and $40,000 later in the South Dakota Supreme Court. But in his opinion, it should have never gotten that far.
“The city does not allow appeals in court,†he added, “They make all these rules and they can’t enforce them; they can’t take you to court.â€
Barbara and Pierce McDowell and Joseph and Sarah Sapienza entered litigation after the McDowells claim the Sapienza’s home is built far too close to theirs. However, Daily says the frustration should be directed at the city who gave the green light on construction.
“The city by charter is supposed to protect citizens, and they don’t.â€
Fiddle-Faddle and the Mayor use the city charter to punish citizens while covering their asses. It is a perfect example of what a charter should NOT look like.
News for you – ALL government hired attorneys have as their first job = to protect the various governmental entities that pay them. THAT is their proper fiduciary responsibility. The State AG won’t prosecute a state agency (or s sub-creature of the state -like a municipality)- it’s his job to DEFEND THEM. Likewise, State’s Attorneys won’t prosecute counties and city attorneys municipalities won’t prosecute cities. It’s their JOB to defend them. Learned the hard way.
City government has become an organized crime syndicate. They call it code enforcement but it’s the mayor’s secret police. Their purpose is bouncer and protection money collector. Capone ended his life fishing in his swimming pool. Huether is so obvious and arrogant the Feds can prove racketeering. He’ll do some serious time and spend his final years fishing in his dry lake bed.
Rufusx makes a point. True but the city attorney is PAID by citizens. He should represent the mayor but also walk the publics tightrope. It’s about ethics and professional demeanor. When government you legally represent is corrupt, it’s your duty to resign. John Gotti’s lawyer became mafia, was reprimanded, and also did time in prison.
Agree with Rufus completely. What some seem to want is for the city to hire a legal ombudsman to go around and look for ways that private parties can sue the city. No city will do that. It’s not in the interest of taxpayers generally for the city to be drumming up ways to get the city sued. That’s what bloggers are for. 😉
Remember these points. It’s a shame you must protect yourself from the city.
1. Never (repeat NEVER) pay a fine. It’s an admission of guilt. You go onto their robo fine list and can be harrassed forever. There’s a criminal offense exception. Then, go to court for a proper hearing. Parking tickets are not a criminal offense.
2. If the city issues a citation, ask for another. More than one is double jeopardy. The matter is permanently dismissed because they didn’t pursue the first. They must issue 2nd & 3rd. It’s in ordinances.
3. You nor they can appeal into court. They can’t enforce codes or force action without a court order.
4. They have a hearings process. It’s rigged. Appeal then appeal the appeal. Each time they hire a hearing examiner and have a dozen city personnel appear. Make it last (years). There’s also what’s called a Zoning Board of Adjustment. It’s all smoke and mirrors. They can’t enforce anything without a REAL court.
5. Unknowingly, the city attorney works for you. Nothing goes to court. It’s not in ordinances. The city keeps it like this so they won’t have to answer for fixing public contracts and general tyranny.