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To: ContraryMary
He ruled that because the Schindlers did not show reasonable possibility of winning their suit he wasn't going to grant the relief.

You did not read the legislation. He based his decision that they would lose on the trial court record, but the legislation stipulates the procedure that he is to follow - namely to try the cases de novo - which is not a 2 hr preliminary hearing - but a multi-day hearing with expert witnesses, etc.

The trial court erred in chosing to credit that which they were expressly forbidden from crediting - namely the acts of the state to that point.

1,567 posted on 03/22/2005 4:06:44 PM PST by AndyJackson
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To: AndyJackson

The de novo trial comes later. This was merely a hearing on providing injunctive relief.


1,572 posted on 03/22/2005 4:09:28 PM PST by ContraryMary
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