[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "Lighthouse Mission"
<[EMAIL PROTECTED]> wrote:
>
> Is the property where the JDRM exempt from property tax?
> 
> LMS
>

This is not the assessor's office.



 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread Lighthouse Mission
Is the property where the JDRM exempt from property tax?

LMS



 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "rogersduncan" <[EMAIL PROTECTED]>
wrote:
>
> You could be right, because I am not an attorney.
> 
> It would require an ex parte' Order!

Ex parte means "for one party," and refers to motions, hearings or
orders granted on the request of and for the benefit of one party only.

That is an exception to the basic rule that both parties must be
present at any argument before a judge, and to the rule that an
attorney may not notify a judge without previously notifying the
opposition.

Ex parte matters are usually temporary orders (like a restraining
order or temporary custody) pending a formal hearing or an emergency
request for a continuance.

Most jurisdictions require at least a diligent attempt to contact the
other party's lawyer of the time and place of any ex parte hearing.

> 
> What I find interesting, is that the mission appealed originally in 
> chancellry (sp) where Lehre presided.  How come yesterday's decision 
> was made in Lawson's Law Division.  Do you know the reason for that?
> RD

No, and I do not care. All I care is that JSRM was shut down and I
hope we keep it that way.




 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread rogersduncan
You could be right, because I am not an attorney.

It would require an ex parte' Order!

What I find interesting, is that the mission appealed originally in 
chancellry (sp) where Lehre presided.  How come yesterday's decision 
was made in Lawson's Law Division.  Do you know the reason for that?
RD

--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>
> --- In AsburyPark@yahoogroups.com, "rogersduncan" 
> wrote:
> >
> >> That's if the State Supreme or Federal Court does not issue a 
Summary 
> > Judgement allowing the mission to remain open.
> > RD
> >
> 
> Summary Judgment? That's a court order that no factual issues remain
> to be tried and therefore a cause of action or all causes of action 
in
> a complaint can be decided upon certain facts without trial.
> 
> #1, it has to be based upon a party's motion for Summary Judgment. I
> don't think that would be the appropriate means. Perhaps you mean an
> Injunction and an Order to Show Cause.
> 
> I hope you are JSRM's attorney.
>




 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "rogersduncan" <[EMAIL PROTECTED]>
wrote:
>
>> That's if the State Supreme or Federal Court does not issue a Summary 
> Judgement allowing the mission to remain open.
> RD
>

Summary Judgment? That's a court order that no factual issues remain
to be tried and therefore a cause of action or all causes of action in
a complaint can be decided upon certain facts without trial.

#1, it has to be based upon a party's motion for Summary Judgment. I
don't think that would be the appropriate means. Perhaps you mean an
Injunction and an Order to Show Cause.

I hope you are JSRM's attorney.




 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-26 Thread rogersduncan
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>
> --- In AsburyPark@yahoogroups.com, "rogersduncan" 
> wrote:
> >
> > "The victory for Asbury Park is that an appeal could go on for 
years 
> > and all that time the city would be affected by the impact of the 
> > mission during that time,'' Reidy said. "We'll see what the mission 
> > does on appeal.''
> > 
> >
> The point is that it WILL NOT be operating during that appeal.
>

That's if the State Supreme or Federal Court does not issue a Summary 
Judgement allowing the mission to remain open.
RD



 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-25 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "rogersduncan" <[EMAIL PROTECTED]>
wrote:
>
> "The victory for Asbury Park is that an appeal could go on for years 
> and all that time the city would be affected by the impact of the 
> mission during that time,'' Reidy said. "We'll see what the mission 
> does on appeal.''
> 
>
The point is that it WILL NOT be operating during that appeal.





 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-25 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "asburycouple" <[EMAIL PROTECTED]>
wrote:
> 
> FREEHOLD — State Superior Court Judge Lawrence Lawson today upheld 
> Asbury Park's administrative directive last week for the Jersey Shore 
> Rescue Mission to close after city zoners voted unanimously to deny 
> the variances the 40-bed homeless 
> shelter needed to stay open.
>


Some justice. Now to defeat their appeal. Good work Paul and all.




 
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[AsburyPark] Re: Thank you everyone who stood up for Asbury!

2007-10-25 Thread rogersduncan
"The victory for Asbury Park is that an appeal could go on for years 
and all that time the city would be affected by the impact of the 
mission during that time,'' Reidy said. "We'll see what the mission 
does on appeal.''


--- In AsburyPark@yahoogroups.com, "asburycouple" <[EMAIL PROTECTED]> 
wrote:
>
> UPDATE: Judge sides with Asbury, meaning homeless shelter to close
> Posted by the Asbury Park Press on 10/25/07
> BY NANCY SHIELDS
> COASTAL MONMOUTH BUREAU
> 
> FREEHOLD — State Superior Court Judge Lawrence Lawson today upheld 
> Asbury Park's administrative directive last week for the Jersey 
Shore 
> Rescue Mission to close after city zoners voted unanimously to deny 
> the variances the 40-bed homeless 
> shelter needed to stay open.
> 
> City Manager Terence Reidy said the city will work with the 
mission's 
> resident director, Garry Williams, to have it closed Friday. The 
> mission, an expansion of the Market Street Mission in Morristown, 
had 
> been waiting for the judge's opinion and had been refusing new 
> referrals from social agencies. Six men were there Wednesday night.
> 
> The Zoning Board of Adjustment made its decision a week ago 
Tuesday, 
> at which time Brendan Judge, the mission's attorney, said they 
would 
> appeal the zoners' ruling. An appeal cannot be made until after the 
> zoning board memorializes and 
> then publishes its decision at a meeting in November.
> 
> When the city manager ordered the facility to close in seven days, 
> the mission sought relief from Lawson, seeking to continue 
operating 
> the shelter and other activities at its site on Memorial Drive. But 
> the judge upheld the city manager's 
> action.
> 
> "The victory for Asbury Park is that an appeal could go on for 
years 
> and all that time the city would be affected by the impact of the 
> mission during that time,'' Reidy said. "We'll see what the mission 
> does on appeal.''
> 
> City zoners had held hearings on the mission's application three 
> times since 2005 after first denying it, then approving it 
following 
> an appeal, and finally denying it again after a group of residents, 
> Stand Up For Asbury, filed a new appeal last year to close the 
> operation.
> 
> Zoning board members last week cited many reasons for their denial, 
> but the overwhelming reasons were that it could bring several 
hundred 
> homeless men from outside of the city who would be given up to 10 
> nights of shelter but would be 
> placed on city streets during the day without sufficient programs 
in 
> place to help them.
> 
> The zoners said Asbury Park is helping its own small homeless 
> population but cannot be the regional center for the poor and 
> homeless.
>




 
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