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December 07, 2004

Sue the Bastards

At last night's commission meeting, Commissioner Jackson once again brought up the question: when do we counter sue the group who wants to save the brick portion of the power plant? The Appeals Court has allowed the demolition of the brick portion of the power plant to continue. In the meantime, the Save TC Building group will have its lawsuit heard in court sometime in March.

The answer to Commissioner Jackson's question, from our City Attorney, is that the time for the City to ask for its expenses in answering this lawsuit would be in March, when the City "wins the case" against Save TC Building.

In the past year, there have been a couple of lawsuits filed against the City. One was to remove the tower on Wadsworth, which was placed in this Central Neighborhood without advance notice. The other was a suit brought by a market on Front Street and a commercial office/residential building on the Bay, where the BATA station will be located.

Whether the objectives of these two lawsuits, or the Save TC Building lawsuit, are worthy to anyone else is beside the point. When a group feels it has a serious stake in the outcome of an action by the City, and the City and the group cannot come to an agreement, it would seem that the group may have no other recourse than to ask the court to step in. I'm sure these groups are not happy about spending time, nor money for attornies' fees, other than they feel there is no other choice.

So what does this say to anyone who has something which they feel should be mediated by a third party (the court)? It means that no one will feel they can approach a compromise, or settlement, or even a determination that they are right in their plea, for fear they will be sued by the City in which they live, work, pay taxes, raise their children, support their schools, and so on.

I wonder if the ACLU, which sued the City over a Freedom of Information action, and won, also sued for its expenses ... you know, to "teach a lesson."

Posted by Gadflygirl at December 7, 2004 08:41 PM

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