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Alabama Boat Ban Lawsuit

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Old 01-15-2007, 05:18 PM
  #101
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Probrably does and our attorney is aware of the situation. But we don't want it in another court as we think the judge is a fair man and will rule based on the law rather than based on politics. Our reason for keeping APCO out as a defendant is because their attorneys have unlimited financial resources and we don't. Plus they said all along they were not involved,which everyone knows was a lie. Now they are admitting it was their idea. Stay tuned. Robert
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Old 01-16-2007, 10:30 PM
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Robert, I have a check comming to you for $250.00 Joe Murray
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Old 01-19-2007, 11:47 PM
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Got it,thanks. The judge has set Feb 12th for a status hearing to determine if he will allow Alabama Power to intervene as a defendant. If he does allow it the floodgates of money will start to flow against us. But I think the judge is a fair judge and will rule in our favor,but it is still up in the air at this point.Stay tuned.
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Old 02-12-2007, 04:56 PM
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I was wrong. The judge ruled today,over our objection, to let the Power Co be allowed to intervene as a defendant. This is strange,we filed the lawsuit,we sued the State of Al,we did not sue the Power Co,how can they be added as a defendant? This will greatly increase the cost of the fight,but the Power Co doesn't care,as any money they spend is just paid for with a rate increase,since the state allows them a certain % profit.I 've learned more about politics and big money lobbyists in the past year than I care to know.
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Old 02-12-2007, 06:07 PM
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Sorry for this turn of events. Keep us posted.
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Old 02-12-2007, 07:00 PM
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That sucks. I guess if you have big money you can do anything. Maybe that judge was just waiting for his check to come in the mail.
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Old 02-12-2007, 07:28 PM
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Actually I think the judge is a fair judge,but we have no idea how he will rule on the merits of the case. Our attorney said the judge took a common sense approach to allow input from both sides,what is troubling is that he opened the floodgates for all of the Power Co money. If they spent 800K on lobbyists to get their bill passed initially,how much will they spend to defend their bill?And how much money can we raise to keep going?We are commited,we are not going to give in until we spend our last dollar. If what is right prevails,we will win. Is that enough?I guess we shall see soon.
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Old 04-08-2007, 12:20 PM
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Robert any update?
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Old 04-08-2007, 01:03 PM
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Took deposition from the other side's "expert"who told of all the accidents and injuries from the big bad fast boats that don't belong on the lakes,they are designed for the Gulf of Mexico. Course he could only document one. We have an expert from the NMMA coming in to rebute that testimony. I will still never understand how someone,or some company,can ask to be added as a defendant,and be granted that status,when we had no intention of sueing anyone but the State of Alabama. I still think we can win,but it is obvious that APCO expects to run us out of money with increased expenses. We will see.

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Old 04-08-2007, 03:53 PM
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Quote:
Originally Posted by Magicfloat View Post
The plot thickens again. The Bham News reported this morning that Alabama attorney general Troy King accepted 14 tickets to an Atlanta Braves game from Alabama Power Company,($630)use of the APCO skybox($2000 value) and $1262 worth of food and drinksThis is against the state ethics law. Troy King is in charge of defending the Dept of Conservation against our lawsuit,and APCO wants to join with them and use their own law firm.
First I'm not a lawyer. Not only would that be illegal in most states, it's federal law as well.

18 USC Chapter 11

http://caselaw.lp.findlaw.com/caseco...rs/11/toc.html

You may be able to go after Troy King in federal courts. Do a little research on Ex Parte Young suits! Basic he's breaking both state and federal law, by doing so he's causing you damages. State officers sued in their individual capacity for violations of state law can be liable for monetary damages in federal courts.

Last edited by Zudnic; 04-08-2007 at 03:58 PM.
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