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  • Score One for Transparency.

    On Wednesday, I had a Motions Hearing in my GRAMA pursuit with Murray City.  The cast of characters was quite interesting.  Judge Michele Christiansen seemed to have already decided most issues before any of us presented any argument; overall, however, she seemed fair.  Paul Tonks, the attorney for the AG’s Office in this matter, has a first class temperament and I was happy to argue against him.  Andrew M. Morse, of Snow, Christensen & Martineau on the other hand is has not only a second class temperament, but a second class intellect as well.

    The first issue argued was whether or not the District Court had jurisdiction to hear my counterclaim.  Because of a discreet issue regarding timeliness, the Court ruled I did not have standing to present my claim.  Paul Tonks argued against me in this issue and while I still believe he is wrong, he was very civilized in his presentation and has a very legitimate point of contention.  Score: Them 1 – Me 0.  I may request an interlocutory appeal, but I haven’t decided that yet.

    The next big issue that was argued was discovery; am I entitled to depose witnesses, request documents, and ask questions of Murray City?  Arguing for Murray City, Andrew Morse put for less than compelling reasoning.  The main thrust of his argument was “No he’s not.”  Grotesque.  How someone can spend three years of their life, and thousands of dollars, only to become a well pedigreed bully?  I don’t know, but I’m glad I bested him.  While I didn’t get my depositions, I am getting 20 interrogatories, 10 document requests, and 20 admissions.  I’m happy.  Score: Them 1 – Me .9.

    Lastly, I asked for sanctions against Andrew Morse.  While I knew this was a long shot, I was a little surprised that Judge Christiansen didn’t take this argument more seriously.  She clearly refused to entertain the possibility that Andrew Morse should be sanctioned, regardless of his conduct.

    Overall I was pleased with the outcome.  I’m going to enjoy extracting information necessary to defeat Murray City.

    Monday, November 17th, 2008 at 01:20
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