I could not help but compare the County Political Climate
with Municipal Political Antics…..Made known by the CITY ATTORNEY’S support of
a Motion to Dismiss the Class Action Law Suit filed against the City….. Which
as expected brought forth…..“Opposition to Motion to Dismiss”. I will (with
my limited abilities) attempt to contrast the behavior and
performance of individuals that represent the two government agencies…..That revealed
to us cause for concern as to how the City of St. George allegedly approves and
implements Code Enforcement Practices. (Kind of like IRS. Who is to be
targeted and why? Abuse of power?)
The Character Differences of County and Municipal
Politicians.
First, I wish to apologize for the unintended
similarities that appear between U.S. Attorney General, Eric Holder and City
Attorney, Sean Guzman, as they both seem to have a propensity for deciding on
which laws they chose to enforce.....Depending on the Political Climate and on
who they may be trying to protect and serve. (Maybe, just maybe this could be cleared up with a
clear and candid discussion on WHAT is going on with Code Enforcement or an
explanation of Vacillation Practices on Enforcement).
Since we have just recently been exposed to County
Politics and gotten the measure of their Character, I will draw your attention
to Municipal Politics.
SEEKING TO UNDERSTAND WHY CITY OPTED TO KEEP
CITIZENS IN THE DARK AND UNINFORMED begs the question. Is failure to correct a
wrong the RIGHT course of action or should the City “Buck Up, and Do What is Right”?
I can best do this by bringing to your attention the
Memorandum In Opposition To Motion To Dismiss…..*Hearing Requested* filed by Aaron
J. Prisbrey and Trevor C. Sanders, Attorneys for Plaintiffs. (Dated
June 11, 2014).
STATEMENT OF ALLEGED & INFERRED FACTS (REFER
PAGE xii AND xiii)
V. Fourteenth Amendment Violations:
Equal Protection, (Class of One).
56. The
named plaintiffs are St. George residents, as are unnamed Plaintiffs they
represent. Likewise Mayor Daniel Mc Arthur and St. George City Councilman Gil
Almquist are St. George City residents.
57.
Plaintiff John Rowley has been charged in the City’s ACE court with “Unlawful
Commercial Activity in Residential Zone.
58. Mc
Arthur is allowed to operate a recycling business in a downtown area of
Defendant City that prohibits this business operation by zoning ordinances. See
Pls.’ Am. Compl., at 70(e).
59. The
City never investigated McArthur’s recycling business even though it operates
in violation of the City’s ordinances, until a citizen organization made such a
request for an investigation. Id.
60. The
City never enforced its ACE ordinances against McArthur’s recycling business
and has instead classified this business as a non-conforming use. Id. 70,116.
61.
Councilman Gil Almquist is allowed to operate a landscaping business in a
downtown area of the City that prohibits this business operation by zoning
ordinances. Id. 70(d) 117.
62. The
City never investigated Almquist’s landscaping business even though it operates
in violation of the City’s ordinances, until a citizen organization made such a
request for an investigation. Id.
63. The
City never enforced its ACE ordinances against Almquist’s landscaping business
even though it operates in violation of the City’s ordinances. Id.
I feel it important to have provided you with a
brief view of what has been presented to the Court as this process moves painfully
and slowly through the legal system. It is necessary because the City continues
to experience the unintended consequences of inaction and confusion as to what
the City should be doing in the area of Code Enforcement…..It impacts us each
and every day….. Not to mention property values and concerns for those buying
and selling property.
Mayor, City Manager, City Attorney…..You can run,
but you can’t hide………… DO YOUR DUTY! ……Keep your word to enforce all laws
equally and fairly. (Who gets fined and who’s fines are
waived? At least tell us how the game is to be played).
To the Citizens of St. George: Hold City Officials
Accountable. It’s you duty to do so.
Thank you, Ed Baca
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