Quote:
Originally Posted by frewroad
There is no such thing as "setting precedent" in violation of state law.
|
(addressing several posts at once)
Am I missing something or has the lawsuit actually been filed? Sounds more like a press release has been filed unless I'm missing something.
So, for those that said they haven't read the lawsuit, of course you haven't since there isn't a lawsuit therefore the title of the thread is slightly misleading but that's not your point.
For those saying what Charlotte should or should not do, technically that's not what this thread is about either. The OP is talking about a lawsuit.
It doesn't matter where you are from you can post an opinion here but if you're doing a hit and run on our forum then stop but no one is.
This is not like the Knights suit because a specific violation has been noted which appears to have enough merit to move past initial stages. That doesn't mean it's right or wrong it just means taken as fact for consideration by the non-moving party at this stage it will be hard to dismiss. Of course one doesn't have to dismiss a lawsuit that hasn't been filed.
OP, I'm glad you read the statute. Spot me here. Where does it say anyone can sue for damages more than attorney fees? Estimating that in the seven figures at this point is ridiculous and therefore I have to think the whole thing is. Also why I didn't see it on the twitter even though there was a council meeting last night and tweet up of politicians/press. Of course it could hit today at least as an item to poke fun at.
You can't sue a government for something a government doesn't allow you in advance to sue them for. This is called sovereign immunity. You can't just say you want a million + because you want a million +.
The statute to me reads that the remedies are declaratory relief, meaning the filing party is asking the court to declare the city did something wrong and injunct or reverse such behavior and make the sued party pay the court fees.
So for now, without having time to research the lawyer before my Dr. appt I have to leave it at that. To recap, it will be hard to dismiss right now, it's BS for other reasons, and I didn't mention above but I think the city's lawyers are better than the assumed plaintiff who appears at this point to be chasing ambulances.
PS: The city attorney on staff is certainly better than the County staff attorney but that isn't so hard. I'm talking in house not the actual county attorney who is a contractor.