Legalectric

In these days of ethically compromised politicians, this guy’s cornered the market on campaign slogans!

Tim Lies (pronounced “lease”) is in the Northfield News today, declaring for House District 25B. He and his wife, Kathy Farmer, used to come in to the Seward Cafe back when I was “giving good grill” there — and now he’s working with a friend from Lake City, Mike Eastin, over at Mt. Olivet’s Rolling Acres — it’s all too connected (turns out he went to school with P.J. Belevedere, brother of my friend Jo, too weird).

Lies to seek District 25B seat

BELLE PLAINE — Tim Lies, a current Belle Plaine city councilman, this week announced that he is running as a Democrat for the District 25B Minnesota House seat currently occupied of Rep. Ray Cox, R-Northfield.

“As a native Minnesotan, I’m proud of our state; proud of our legacy of good government, quality public services, great schools and a clean environment,” he said in a statement. “As I travel our district I hear again and again a concern that that legacy is in danger. We need a state government that will make smart public investments in our common good.”

As an elected city official, Lies said he has seen firsthand the negative effects of current state policies on local communities.

“Property tax and fee increases, crowded classrooms and program cuts, congested traffic and polluted air and water are diminishing our quality of life and endangering our children’s future,” he said. “We need a state government that will work with, not against our local communities.”

Lies also announced that he will be hosting two upcoming community forums — one at 10 a.m. Saturday in Duets Coffee Shop in Belle Plaine and another at 1 p.m. in Prairie Perks, on Highway 169.

For more information call 952-873-6852 or see Lies’ Web site at votetimlies.org

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Hey Tim, where and when are the Northfield community forums????

You’ve all heard about it, of course: Cheney shoots fellow hunter in Texas accident.

Vice President Dick Cheney accepts a rifle from National Rifle Association President Kayne Robinson, right, and NRA Vice President Wayne R. LaPierre.
Photo: Gene J. Puskar

From my little bro’ David, who thinks he’s a comedian:

Cheney was hunting Quail and shot his buddy instead…

Dan said he was relieved

And from the Washington Post and some folks who really are, “Cheney’s got a gun…” and others…

Dick Cheney’s Top 10 Excuses For Shooting Fellow Hunter

10. Sick and tired of Whittington’s “Hey, I’m having a heart attack” jokes

9. Pushed over edge by Dixie Chicks and Streisand blasting on pick-up truck stereo

8. Ongoing dispute over whether it’s acceptable to torture quail before shooting them

7. Thought he saw Michael Moore on other side of tree line

6. Bombed out of his gourd on Wild Turkey and Lone Star Beer

5. Companion’s ill-advised decision to wear Moveon.org sweatshirt

4. Was trying to impress Jodie Foster

3. Whittington’s repeated ribbing that Bush is actually the “real president”

2. Targeting scope on rifle made by Halliburton

And the number one excuse given by Dick Cheney for almost blowing away hunting companion Harry Whittington:

1. Because he’s a wartime vice president, damn it

Here’s my bet on the REAL reason: Just last month, Whittington made some headway in challenging the legal issue of the day — eminent domain!

Lawyer wins another round in eminent domain case against the city

A board initially told the city to pay Whittington $3.6 million for the land, which Whittington rejected. Austin built the garage anyway and opened it last year. So far the city has earned about $181,000 charging for parking there, which helps pay back bonds used to build the facility.

Whittington lost Round One of his legal battle in 2002 when a county court judge ruled that the garage was a public use â?? the legal standard for condemnations â?? and a jury ruled that the block was worth $7.7 million. The city has set aside that money, but Whittington can’t take it unless he stops appealing. And he doesn’t plan on quitting now, especially with a few wins under his belt.

In June, the Third Court of Appeals agreed with Whittington that Austin failed to prove it needed the land for a public purpose.

In January 2005, a district judge ruled in Whittington’s favor in a second lawsuit, saying Austin failed to condemn an alley on the block. That case is still pending in an appeals court.

The city faces a bevy of gloomy outcomes if it keeps losing, such as attempting to condemn the land again, demolishing the garage or giving Whittington a cut of the parking-garage profits. Both sides say they are willing to try to settle the case instead, yet neither seems willing to make the first move.

Whittington is always coy when asked how long he plans to fight, or exactly what he’ll do with the land or garage if he wins them. At this point, he seems more invested in the battle itself.

“We’re right on the law,” he said. “And we’re not in any hurry.”

>From KVUE

What a binary week! Cedar Falls Utilities is a step closer to its Waterloo!

The good news is that I’ve been admitted to practice before the Polk County District Court in Schous’ appeal of the Iowa Utilities Board grant of a franchise to Cedar Falls Utilities for a transmission line next to their home. A few weeks ago, I’d found an Iowa attorney, Brenda Myers-Maas, who has worked on feedlot cases, and many nuisance cases, and she’s willing to review my pleadings and sign off! She’s also worked on hazardous waste sites, an area as arcane as transmission!

CFU, represented by Ivan Webber, was claiming I had not filed the appeal properly because I was not licensed and that I should be sanctioned for filing the appeal when I was not licensed!. Plus they complained it was not timely HELLO??? In Iowa, there’s 20 days after the court issues a notice to address licensure, and my Pro Hac Vice was submitted — because the court issuing that Order, and never issued a notice stating I had to address my lack of a license, CFU’s licensure and sanctions Motion is moot. hee hee hee. Their complaint of untimely filing is bogus because the rules provide that parties be served WITHIN 10 DAYS OF FILING OF THE APPEAL, not simultaneously, and it was served as dictated by the ruiles. You’d think CFU would read the rules if they’re going to complain that I’m not following them. Then again, they’ve not followed the rules for their Franchise Petition, so why start now! They didn’t provide notice of the hearing until after it had ended, didn’t disclose a registered airstrip near the transmission line (4IA7), didn’t provide notice to the owner of the airstrip…

Here’s CFU’s Motion: Download file

Here’s our response to CFU’s Motion to Dismiss and for Sanctions: Download file

Here’s the Iowa Utility Board Motion: Download file

Here’s our response to IUB’s Motion: Download file

And here’s the Court Order, granting my Motion for Pro Hac Vice Download file
…and Ordering a Hearing: The hearing is March 17, 2006 at 8:15 a.m.!! Download file
==================================================================

And then there’s BSII, the transmission in Minnesota that goes from the new Big Stone II ooal plant to the middle of nowhere, Granite Falls, MN, and … stops there? No, only in the application — in the CapX2020 map, it is connected to the “SW MN” ExtraHigh Voltage line going from SW MN to the south side of the Metro Ring, either Hampton or Prairie Island, and then south and east for export.

On Wednesday, ALJ Steve Mihalchick denied my Petition to Intervene as an individual in Big Stone II. OK, fine, I’ll resubmit with clients and more clients. What’s appalling is that he said that MCEA’s “clients” ME3, Waltons, UCS, Wind on the Wires would adequately represent my interests! Apparently he does not know of the TRANSLink deal that they signed off on, which was codified in the Transmission bill that they promoted — represent my interests? I don’t think so! I guess I’ll have to explain, attach a copy of the TRANSLink deal to clarify they operate against my interests and those of my clients! OK, fine, I can do that! Ron Gustafson and Linda Castagneri, neighbors of the Mesaba plant, are Intervening, as are W.O.L.F. and Nancy Prehn of Waseca.

And so voila, here’s Petition for Intervention #2: Download file

I’m hoping more will want to join this little party…

www.bigstoneii.com

Vote McGovern — Andy Warhol/Supernova: Stars, Deaths and Disasters 1962-1964 at the Walker right now

MoveOn.org has an ad campaign where Nixon morphs to Bush (here’s the ad). Been there, done that, but here we go again.

From their ad, a direct quote, they ask we consider these key facts (citations embedded):

* First, the president said publicly there was no such program. He said,
“Nothing has changed, by the way. When we’re talking about chasing
down terrorists, we’re talking about getting a court order before we
do so.” [1] He lied.

* For weeks, Gonzales, President Bush and others have insisted that the
wiretapping program was only applied to suspected terrorists [2]. But
just last Sunday, the Washington Post exposed that the program was
broad and not limited to suspected terrorists. In a nutshell, it’s a
fishing expedition and participants are increasingly “uncomfortable
with the mountain of data they have now begun to accumulate.” [3]

* And yesterday, the attorney general said that he could not assure the
Senate that the program did not eavesdrop on innocent Americans [4].

Yup, deja vu all over again…

To support airing of the ad, go here!

Some things never change… lesson of the day fresh from the lecture halls:

There once was a time back in the 1300’s when they covered the walls of the hall where decisionmakers met with frescos to remind them of their purpose. Ambrogio Lorenzetti painted two huge frescoes for the Palazzo Publico where the nove, a/k/a nine decision makers, met. These frescos detailed the Effects of Good Government, where the allegorical figure of “Security” floats over the landscape, women dance calmly in the streets, school is orderly, and business flourishes. The figure of Securitas carries a banner that reads “Without fear every man may travel freely and each may till and sow, so long as this commune shall maintain this lady, Justice, sovereign, for she has stripped the wicked of all power.”

Then there are the Effects of Bad Government where the nasty figure of fear hangs overhead, women are attacked, there is no school, buildings are falling apart, and soldiers are sent into the fields rather than merchants and farmers. “Fear” carries a banner that reads “Because each seeks only his own good, in this city, Justice is subjected to Tyranny; Wherefore, along this road nobody passes without fearing for his life since there are robberies outside and inside the city gates.”

These were painted in 1338-1339. Some things never change…maybe if we had frescoes like these painted at the Capitol…..

In this last image, the one with the horns represents Tyrany, and Avarice, Pride, and Vainglory surround his head.