Michigan Open Carry, Inc.

General Category => Announcements => Topic started by: bigt8261 on August 12, 2015, 01:23:13 PM

Title: Clio Area Schools To Appeal - Your Help Is Needed
Post by: bigt8261 on August 12, 2015, 01:23:13 PM
***Clio To Appeal***

Last night the Board for Clio Area Schools voted unanimously to continue wasting taxpayer money fighting a clear legal interpretation that everyone, even Clio, have said is correct.

WE NEED YOUR HELP.
Please donate today - www.miopencarry.org/donatelegal

Unlike Clio, we do not have a base of taxpayers to take more money from. We rely solely on you, our supporters, to help us continue the fight.

The Genesee County Circuit Court set precedent for Genesee County. A ruling from the Michigan Court of Appeals will set precedent for the ENTIRE STATE. You may not live in Clio, but this case will affect you.

We will not back down and we will not allow Clio to get away with knowing and willing violations of a law that is meant to protect us gun owners and our rights, but it's going to take all of us to get it done.

This next fight will not be cheap. We expect the price tag to easily reach $10,000 - 20,000. Please consider donating what you can now and perhaps more if you are able to later. Every donation, large or small is appreciated and will help us fight this lawless behavior. Also please consider a reoccurring donation. Even small donations every month are very helpful.

Won't you please consider donating today - www.miopencarry.org/donatelegal

From all of us at MOC, thank you for your continued support.
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: bigt8261 on August 12, 2015, 01:23:52 PM
As President of Michigan Open Carry, Inc., I want everyone to know that I'm not leading this fight without skin in the game. Please join me in supporting this cause.

Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: CitizensHaveRights on August 12, 2015, 07:42:51 PM
Can a defendant's frivolous appeal be considered a filing of a frivolous action, and can appellee ask for sanctions including attorney fees?

We really need some financial teeth added to our preemption statute.
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: TheQ on August 12, 2015, 08:44:04 PM

Can a defendant's frivolous appeal be considered a filing of a frivolous action, and can appellee ask for sanctions including attorney fees?

We really need some financial teeth added to our preemption statute.

You can ask all you want, but search "American Rule attorney fees" on Google. Unless some statute awards fees, good luck.
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: CitizensHaveRights on August 12, 2015, 10:25:41 PM
Yes, it's easy if statute awards it.

Otherwise the court pretty much has to determine that the action was brought without any intent to win, only to harass and obstruct the other party. That sort of misuse of the court system leads to sanctions against the abusers and/or their counsel.

I think abuse of process is exactly/obviously what's happening here, but what seems obvious to me might not seem so obvious to the court. It sure would be nice to get attorney fees back and have a nest egg for the next rodeo.

EDITED TO ADD: The Colorado theater shooting suit against the ammunition industry not only failed spectacularly, but it was frivolous and resulted in the "poor bereaved parents" owing, iirc, $200k to the victims of their suit. I just don't know if, or under what circumstances, it applies to an appeal filed by the original defendant. BTW, the idjits in the Colorado suit are appealing after getting thrown out of court and sanctioned for filing the suit in the first place.
http://freebeacon.com/issues/federal-judge-orders-brady-center-to-pay-ammo-dealers-legal-fees-after-dismissing-lawsuit/
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: linux203 on August 12, 2015, 11:36:20 PM
It sure would be nice to get attorney fees back and have a nest egg for the next rodeo.

QFT
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: bigt8261 on August 13, 2015, 10:14:34 AM
Sometime we get very caught-up in technology that we forget some of our Members do not particularly like sending monetary donations through the internet. For those who wish to help out the Michigan Open Carry, Inc. legal fund, you are more than welcome to send snail mail to the address below:

Michigan Open Carry, Inc.
P.O. Box 16184
Lansing, MI 48901

Thank you so much for your continued support as we prepare to take on Clio Public Schools in the Court of Appeals!!
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: CitizensHaveRights on August 13, 2015, 03:07:54 PM
For those who wish to help out the Michigan Open Carry, Inc. legal fund, you are more than welcome to send snail mail...

While mailing in a check makes more work for volunteer officers, does it also save on paypal fees?
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: TheQ on August 13, 2015, 06:44:04 PM

While mailing in a check makes more work for volunteer officers, does it also save on paypal fees?

Yes. Checks have a higher risk of misplacement too, so that needs to. E factored in as a risk. They are also a PITA to cash at present because the bank has no local branches and no check scanning app ;)
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: autosurgeon on August 13, 2015, 10:56:24 PM
Actually we have both web check deposit via app and local branches now that we have cleared everything up and have mostly completed our move to Huntington Bank. So feel free to send checks we can handle them quickly no problem.

Sent from my LG-D850 using Tapatalk

Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: TheQ on August 14, 2015, 12:36:10 PM

Actually we have both web check deposit via app and local branches now that we have cleared everything up and have mostly completed our move to Huntington Bank. So feel free to send checks we can handle them quickly no problem.

Sent from my LG-D850 using Tapatalk

Sweet -- I'd only been asking for that for a year ;).
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: jhelfand on August 14, 2015, 02:15:34 PM
Checks to the legal fund should be made out to...?
Title: Re: Clio Area Schools To Appeal - Your Help Is Needed
Post by: bigt8261 on August 14, 2015, 03:17:43 PM
Michigan Open Carry