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To: Rockingham

in this case, the due process seems to be (according to the ordinance) a hearing after the violation is fixed. the appeal is not defined further than an appeal.

so i wonder for example if i get a subpoena duces tecum power.

i do imagine that without standard tools such as motion to recuse and subpoena duces tecum, i am hosed at the admin appeal level.

so i anticipate failure at the admin appeal level.

[the next level presumably is civil court. so that is either small claims court or unlimited. i wonder if i go with unlimited, these asshats could come at me with compensation for legal fees and court costs if i make a misstep. i’ve seen bureacrats make missteps and the court helps them out so they don’t lose the case. i don’t think pro se’s get the same treatment.]

yeah, the right answer might be a class action suit against the city, so maybe publicity at some stage is the answer. before or after the “appeal,” i dunno.

the guy appointed as the appeals administrator is allegedly the same guy that helpt the city write the ordinance 12 years ago. if so that seems like a huge conflict of interest to me.


19 posted on 05/24/2017 4:56:41 AM PDT by SteveH
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To: SteveH
Sound answers to your questions requires knowledge of the facts of your case, the specific laws at issue, and the details of the prescribed hearing process and state administrative law. Broadly stated, American administrative law distinguishes between direct and collateral challenges, that is, between disputing the government via the administrative hearing process and direct appeals from it, and collateral attacks via a separate lawsuit.

These complications mean that issues and claims have to be raised in the right way, in the proper forum, and at the right time. Failing to do so can lead to a "gotcha" situation in which, after years of legal proceedings, a court of appeal rules that, well, you had a good issue, but you lose because you failed to raise it correctly.

You should consider a limited consultation with a lawyer to assess your case and recommend whether and how to pursue it. You may also want to talk directly to the government agency to understand their position. Sometimes, when shown to be wrong, bureaucrats and government lawyers back down. Being calm, courteous, well-reasoned, and professional usually works best in such an effort.

21 posted on 05/24/2017 10:35:23 AM PDT by Rockingham
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