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Thread: Petition Invalidated by Appellate Court

  1. #1
    Member dtwarren's Avatar
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    Exclamation Petition Invalidated by Appellate Court

    Judge Mintz's decision validating the petition and directing a special election in the Town of West Seneca has been overturned by the Appellate Division, Fourth Department: http://www.nycourts.gov/ad4/Court/De...-08/1383.1.pdf
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Unregistered Niagara's Avatar
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    This is great news. That means the downsizing crowd will have to brave the snow and cold, and redo the petition, or not. Too bad they did not do it right the first time.

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    I imagine LuckyLarry wouldn't like it if DT started strutting around here like a peacock just as Larry did after the Mintz decision?

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    You win some, you lose some.
    We will be back again in the spring.
    You will have an opportunity to vote yes or no.
    The sad part is when you see the cost that
    Harris Beach (aka Tim Greenan) will be
    billing the Town for their services.
    You should be mad as hell, they spent
    taxpayer money to fight the referendum.
    I guess the court was right, people in
    West Seneca are easily confused by the
    referendum, even with all the publicity
    that this received. The people who
    signed the petition, wanted downsizing
    and those 4000 people will be reminded
    who the three OBSTRUCTIONIST are
    on the TB.

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    I feel bad for the citizens of WS.
    Yet this does not say much for the attorney Kevin Gaughan who should have had a solid petition that could not be denied.

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    I never thought in a million years that the courts would take away the peoples right to decide how much government we really need to have. This is an overt step against the Declaration of Independence and our US Constitution. This could be the first shot fired provoking a civil revolt.

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    Quote Originally Posted by FJB View Post
    I never thought in a million years that the courts would take away the peoples right to decide how much government we really need to have.
    They still have not. All you have to do is rewrite and rewalk your petition.

  8. #8
    Member dtwarren's Avatar
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    First the citizens of West Seneca will have the opportunity to vote on a proper question relative to downsizing in the spring: http://www.upstate-citizens.org/Resolution.pdf

    Secondly citizen initiatives are challenged regularly even in the 24 states where they are permitted to the citizens as a right. One difference between New York and these 24 other states is that typically in the states where it is permitted as of right the proposed proposition is reviewed and its form and content are approved prior to circulation by the State Attorney General.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Quote Originally Posted by Lucky Larry View Post
    You win some, you lose some.
    We will be back again in the spring.
    You will have an opportunity to vote yes or no.
    The sad part is when you see the cost that
    Harris Beach (aka Tim Greenan) will be
    billing the Town for their services.
    You should be mad as hell, they spent
    taxpayer money to fight the referendum.
    I guess the court was right, people in
    West Seneca are easily confused by the
    referendum, even with all the publicity
    that this received. The people who
    signed the petition, wanted downsizing
    and those 4000 people will be reminded
    who the three OBSTRUCTIONIST are
    on the TB.
    The sad thing is that there is added cost for incompetence.
    Mr. Gaughan should have known better. Amazing.

  10. #10
    Member Spirit of Ebenezer's Avatar
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    Quote Originally Posted by Lucky Larry
    The people who signed the petition, wanted downsizing
    and those 4000 people will be reminded who the three OBSTRUCTIONIST are
    on the TB.
    Let's see,..... 4000 registered voters in a town with about a population of 45,000 manipulating what's best for everyone in town ? That, I find most unsettling. Clearly it's a case of who is best at getting their own people out to do their bidding. The three "obstructionist" best not sit back, because they will be coming again for them.

    The fact that less than 10% of the town's population could hold sway over the other 90% should, but sadly won't, shake those from their civic hibernation.

    Perennial political malcontents know those odds are always in their favor.
    Last edited by Spirit of Ebenezer; October 29th, 2008 at 09:07 PM.
    A remark should only hurt within it's proportion of what is true.

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    Nice try with the numbers Spirit.
    Let's look at the election results next week.
    I'll be surprised if 15% -20% of registered
    voters come out. It might be a little higher since
    we are electioning a President.
    When the Town Attorney answers my request
    for the cost of Beach Harris, you'll be the first
    to know what these OBSTUCTIONISTS cost the
    TAXPAYER.

  12. #12
    Unregistered Niagara's Avatar
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    Quote Originally Posted by Lucky Larry View Post
    When the Town Attorney answers my request
    for the cost of Beach Harris [to] the
    TAXPAYER.
    The extra cost to the tax payers is caused by the insistance NOT to rewalk the petition. It is one thing for someone to sign a petition and another for them to find their way to a polling booth.

  13. #13
    Member dtwarren's Avatar
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    Quote Originally Posted by Lucky Larry View Post
    Nice try with the numbers Spirit.
    Let's look at the election results next week.
    I'll be surprised if 15% -20% of registered
    voters come out. It might be a little higher since
    we are electioning a President.
    When the Town Attorney answers my request
    for the cost of Beach Harris, you'll be the first
    to know what these OBSTUCTIONISTS cost the
    TAXPAYER.
    LL how can those "OBSTRUCTIONISTS" cost the town any money since it was Dennis Mavromatis with the assistance of Kevin Gaughan that sued the town, me, the BOE and Town Clerk?
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Quote Originally Posted by Lucky Larry View Post
    You win some, you lose some.

    Well that's quite a different tone than you took last time. Have a slice of Humble Pie.

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    Dan, who is going to pay the bill that Harris Beach
    is submitting to the town? Who hired Harris Beach?
    Kevin and company spent $0 representing our
    side.
    As a TAXPAYER, maybe one of the three with their
    savings from paying $0 for HEALTHCARE will pick up
    the tab for Harris Beach.

    Dan, when you decide to go after benefits for
    PART-TIME EMPLOYMENT let me know, I'll be the first
    to jump on your bandwagon.

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