What's the point of the lawsuit at this time?
The Petitioners' Brief on Appeal is available at: http://www.upstate-citizens.org/Cani...peal-Brief.pdf
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
What's the point of the lawsuit at this time?
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
What's the goal of the lawsuit? To remove the fields? I honestly don't know
The goal of the lawsuit is to determine if it is a permissible use for a residentially zoned parcel, and if not the removal of the fields.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
All the briefs on the appeal are now available:
Appellants' brief: http://takebackny.speakupwny.com/Can...peal-Brief.pdf
Town Respondents' brief: http://takebackny.speakupwny.com/Tow...ents-brief.pdf
Canisius Respondents' brief: http://takebackny.speakupwny.com/Can...ents-brief.pdf
Appellants' Reply brief: http://takebackny.speakupwny.com/App...eply-Brief.pdf
The Appellate Division, Fourth Department in Rochester will hear this appeal on May 15, 2009 and issue its ruling sometime thereafter.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Sometimes even lawyers can show a biting sense of humor, and even distain. I believe that Mr.Vilardo was showing such with his rendition of the facts as follows:
I have added the red highlights and bold type to help clarify, and to speculate what Mr Villardo might really have been thinking while pulling his punch.Originally Posted by Lawrence J Vilardo, Esq.
What would give me pause is the request for compensation for costs to the losing party in this appeal. This might be a fun exercise in mental gymnastics, but it might turn expensive if damages are levied against the loser.
Not only do they have a sense of disdain they also lie. Like where Mr. Sullivan, the attorney for Canisius states that there was no sworn statements or testimony with regard to the variance from NYS DOS yet the record contains the application for the variance that was sworn to under the penalties of perjury.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
BTW, the costs being requested are statutory costs not attorneys fees or other damages. They also asked for this in the trial court and it was not awarded.
Last edited by dtwarren; March 19th, 2009 at 07:03 AM.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
You mean this Mr. Sullivan?
JD,1970, Notre Dame Law School
BA,1967, Iona College
http://www.harrisbeach.com/attorneys...io.cfm?aid=365
Dan, did you consider that a Notre Dame Law School graduate might take your suing a Catholic boys school personally, and that when he puts the knife in, he might twist it a bit?Mr. Sullivan's practice focuses on enforcement of employment agreements, dissolution of business entities, commercial contracts, and valuation of business interests. Selected as one of the Best Lawyers in America, Mr. Sullivan represents attorneys and other professionals charged with violations of disciplinary rules. He also represents real estate developers in commercial real estate zoning litigation. He represents a wide range of clients in both state and federal courts. Prior to joining Harris Beach, Mr. Sullivan was a named partner in a Buffalo area law firm trying personal injury cases for both plaintiffs and defendants, including asbestos related cases.
That is the one. In my experience with him he is a nice guy, but I think at times he may take certain liberties like the one I cited. I have heard this from other attorneys as well. I had to decide whether to just raise it in the reply brief as well as making a motion for sanctions. I am still debating moving for sanctions.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
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