[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 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!

2007-10-26 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
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 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:

 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 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, 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!

2007-10-25 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 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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