Neighbors Celebrating Free Speech and Intellectual Diversity While Speaking Over The Digital Fence
https://deck.lakewoodobserver.com/
I mean how ridiculous is that... do we need to start handing out Lakewood residence passes so no Rocky River people can use the dog park? Of course I think not, since that would be almost as ridiculous as this lawsuit.Bret Callentine wrote:From Cleveland.com this morning...
http://www.cleveland.com/news/plaindeal ... xml&coll=2
Are we able to send a crew over to their yards to collect noise level information?
Scary but true. It is voting, Chicago style.dl meckes wrote:Vote early, vote often...
This was a great suggestion - any action on it? Who would make the request?Jeff Endress wrote:It could be appropriate (and more effective than petitions) for those who are involved as Friends of the Dog park, and users of the facility to request of the court that they be permitted to intervene as interested parties, to set forth their own specific concerns which may, or may not, be adequately addressed by the named parties.
Intervening would be at the discretion of the court, but if allowed, would dramatically increase the scope of the litigation to include those affected. It isn't necessary that an intervenor be represented, they can proceed "pro se", but if allowed, would be entitled to notification of dates as well as service of papers and pleading which are filed.
I'm not certain, because the online records are not specific, but I am assuming, given the short date for the scheduled hearing, that what the court will decide on 8/15 is whether to grant either a temporary restraining order or injunction against continued operation. If that is the case, the plaintiffs have to demonstrate ongoing irreparable harm, as well as the probability of succeeding in the full trial on the merits. The Court should require more than mere anecdotal evidence and the plaintiffs should have to demonstrate that the issues of which they complain have a basis in fact. I would imagine that proving that the noise is specific to the dog park, as opposed to the pound, or other sources of noise will require some rather specific scientific evidence. The same holds true for smells, separating the dog park from the water treatment plant. As for the dog bite issues, unless there are reports and claims, that would be mere speculation. The 8/15 hearing is, most likely, just the first salvo of the war, but it's outcome could well affect the eventual final result.
Jeff
I like that one, Bret. And speaking of Brets, Regina did a nice hacket job in her column this AM.....North Coast River Defense Guild
