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I think I can find a NM attorney to sign
off – I also called ALDF and left a message to see if there is an
attorney whom I can talk as you suggested below. If they say no, I will let
you know – thank you again Michelle so much! From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED] Oy veh. Well, it is really
something that the hearing officer said you should appeal it! Really--
that is quite something. I do think you should appeal it, and I think you
ought to call ALDF, tell them it came down to the constitutionality of the pet
limit law, and ask if they can find someone to assist you pro bono by writing a
legal brief or something. At this level, they might take interest. What exactly was the order? That you have
to give up some of your cats? Is there agreement that things stay as they are
while you appeal to district court? Hideyo, I am not licensed in NM and so
can not write a brief to submit unless a NM attorney signs off on it, and I
also have no expertise on this or easy access to online law libraries (I do
mostly policy work at this point). You can tell ALDF, if you call them,
who I am and that I am willing to work with another attorney with more
experience on this issue to craft a brief, and see if they can find someone. If
they say no, let me know and I will try calling. I used to be very active
in the organization as a law student. I think you have a great chance of succeeding.
Was the hearing taped? I should have suggested taping it. If it was taped, you
should get a tape of it and get it transcribed so that you have the
statements of the city on the record about you not being a hoarder and this not
being a nuisance issue of any kind, but just a violation of the letter of this
ordinance with no rational basis. Did anything come out at the hearing
about them having given you the permit last year? I definitely think you should
argue that point at the district court level as well. I wish I were closer to you and could get
more involved... it is really making my blood boil! Do you have any sense of the timeline for
appealing and getting the next hearing? It could be a few months once you file
the appeal... Michelle |
