Tuesday, August 18, 2009

"... and I’m embarrassed for the City for this", State District Judge Geraldine Rivera

According to Trip Jennings, NMI, link, in his report on
two lawsuits against Marty Chavez and the city, filed by
local businessman John H. Bode.

One of the cases has already been settled. Bode had asked
the State District Court for a Writ of Mandamus.
Such a writ, amounts to an order "issued by a superior court
to compel ... a government officer to perform mandatory or
purely ministerial duties correctly" wikilink

Bode had asked the judge to require the city to recognize
lease extensions that his firm had with the city.

In issuing the writ, in favor of Bode,
State District Judge Geraldine Rivera wrote;

“I am appalled that the City would have so little regard
for the people that they do business with, ... that they
would not evenly include them in any kind of
after-the-fact discussions that amount to behind the
scenes, ‘Let’s see if we undo this contract that
is otherwise a good
contract'." (emphasis added)

“There is an elephant in the room, folks,” Rivera is
quoted as saying. “Nobody’s bringing it up, but we all
have an idea of what it is. The day that government
exists just for politics
and how it can benefit the
principals of our municipalities
is the day we’re
all in trouble.
(emphasis added)
And thank God we have three branches of government.”

“This is almost silly that we have had to be here to do
this, and I’m embarrassed for the City for this."
Never the less, Chavez and the city intend to pursue their case
in a higher court. Tax dollars will underwrite their efforts.

Taxpayers will end up paying lawyers fees and court costs
for both sides.

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