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Originally Posted by matty14
I'm not a law expert by any stretch but...
Judge Hackland rendered a decision saying that the city is NOT in contravention of its purchasing by-laws. And seeing as this is the basis for the Conservancy's imminent legal action, what kind of legal legs (if any) does the conservancy have to stand on? Again, not a legal expert, but based on the definition I read, this seems like a case of "res judicata". Can the courts deny the Conservancy litigation due to the fact that a ruling has already been rendered by the court in what amounts to an almost identical case?
Nonetheless, I hope the City goes after costs from these windbags. I read the entire document of the judges decision and it seems pretty airtight, going over each and every FoL point and dismissing them with legal precedents and opinion. The FoL and the vocal minority have lost. I hope they realize this and allow us to move on.
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There isn't much in the way of grounds for appeal. Much of this case turned on findings of fact, and appeal courts are not able to reconsider those. They can only reverse lower court orders based on inappropriate weight being given to a particular piece of evidence, or an incorrect interpretation of the law. If FOL has any sense (a stretch, I know), they will weigh their chances of success on those grounds against the cost of appeal, and opt against.
However, the Conservancy is actually going to make an appliation on different grounds than the FOL. That is of course confused by the fact that John Martin speaks authoritatively on legal issues, but doesn't have any legal background whatsoever, so his ramblings are misleading. He keeps harping on this issue of standing, which has nothing to do with the substance of his case, and talks of a new open and competitive process being ordered. That can't happen, as the court has already decided that the City had the right to sole source. Thankfully, due to the principle of res judicata, it will not even listen to arguments from the Conservancy on that issue.
What they will try to get before the court is this idea that the City should have considered his proposal under the terms of its procurement policy. Of course it is not clear in the rules that the City had to consider his objection, and even if it did, the City did review the proposal and determined that it was submitted too late in the process. He has no realistic chance of winning, just delaying things. However, conceivably,if he had a better case, he could get some sort of mandatory order whereby the City is forced to backtrack and consider his objection more thoroughly, plus potentially some damages. Even then, that doesn't stop the project. The City clearly prefers the current plan, so it could go back, affirm the current plan and move on.
This is obstructionism, pure and simple, by a guy who couldn't get any significant support for his idea. Fortunately courts don't like to be used as tools for that sort of agenda, and I wouldn't be surprised if he gets dinged for some serious costs.