Re: I lost my court hearing today -
Hi, Most cities do have a Limit Law, but they also have a Special Permit code. Any chance your area has one???
RE: I lost my court hearing today -
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] Sent: Monday, December 19, 2005 3:03 PM To: felvtalk@felineleukemia.org Subject: Re: I lost my court hearing today - 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 geta 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
RE: I lost my court hearing today -
Title: Message Once again, you prove what a hero you are, Hideyo. You know we are all behind you. Go forit. I'm glad you had Greg there; what a jerkthe city attyis.How dare he make such an assumption? Who the hell does he think he is? Well, he doesn't know what a fight(er) he has on his hands, does he? I want to help with acontribution to your legal fees; I'll email you directly tonight. You are just THE BEST, Hideyo! much love and big hugs Kerry PS: do you really think the people you thought were going to speak for you did not? I guess it sure sounds like that. As an ex boss of mine who's departed this worldonce said, Peoplecan beso disappointing. (Well, we all know that, don't we?) My jaw hit the floor when I read yr subject field. Like all of us I'd been thinking about you and waiting and wondering all day. -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Hideyo YamamotoSent: Monday, December 19, 2005 3:15 PMTo: felvtalk@felineleukemia.orgSubject: I lost my court hearing today - Thank you so very much for all your support, especially, Michelle I am so grateful for everything you have done for me. I had a hearing this morning, to make it short, I lost. I cried for about 5 mins but now I am back in business. I am going to appeal to District court. Michelle, what came down was that, as we expected, the hearing officer does not have authority to declare that the law is unconstitutional so he had to deny my appeal. But I did establish that Im not a hoarder, they agreed that I take such a good care of animals the only issue is the sq. ft calculation of the law, which has no rational base. The city attorney was really harsh on me, I guess all the people who I thought talked to him off records, they did not.. so based on the report, he made an assumption that I was a hoarder and he came down really hard on me.. here I am.. I am trying to defend my case as a lawyer who has no idea what I am doing.. but during the break, Greg talked to him, and he calm down.. again they acknowledge the fact that there is no nuisance and all the animals are very well cared for, which was a big deal.. the only thing I have to fight against is about the law being unconstitutional After the hearing was over, the hearing officer told me that, I made a good argument,, appeal to District court you can do it!.. So the meantime, Greg thought the city attorney is probably willing to make a deal with me as its going to be expensive to go to District court.. or Supreme Court for the matter as I am going to go all the way if I have to protect my cats! If the law is find unconstitutional, the city will risk the entire pet limit being knocked down, so Greg feels that they might not want to do that. Anyway,, I wanted to give you the update. I have a criminal hearing coming up on 1/12 Greg thought that I should make a same argument and if some reason, the law is found unconstitutional at the metro level, it will be easier to win at District level.. We will see. Though I did not know what I was doing.. I am proud of myself of my accomplishment if I ended up going to district or supreme level and ended up striking out the pet limit law,, I guess thats whats meant to be.. I will not give up.. not just yet everyone, please keep praying for me and my babies. I am also thinking of seeing Mayor to see if theres any thing he can do -- =00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayers particular circumstances from an independent tax advisorThis email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
RE: I lost my court hearing today -
Title: Message Thank you, Kerry so much. Unfortunately, they did not,,, because he said to Greg that no one did which was disappointing but the important thing is that he knows now that I am not,, and they can use it against me in the future. I actually did cry towards the end of Gregs testimony (he testified as my neighbor), when he said that he does not know anyone who treat even human as well as she treats her cats .. and he said, if you ever lose a cat, and Hideyo happens to be the one who found you and take care your cat,, you are the luckiest person.. I cant think of anyone better to take care of cats.. I also did the same thing when introducing your and Ninas letters. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of MacKenzie, Kerry N. Sent: Monday, December 19, 2005 2:37 PM To: felvtalk@felineleukemia.org Subject: RE: I lost my court hearing today - Once again, you prove what a hero you are, Hideyo. You know we are all behind you. Go forit. I'm glad you had Greg there; what a jerkthe city attyis.How dare he make such an assumption? Who the hell does he think he is? Well, he doesn't know what a fight(er) he has on his hands, does he? I want to help with acontribution to your legal fees; I'll email you directly tonight. You are just THE BEST, Hideyo! much love and big hugs Kerry PS: do you really think the people you thought were going to speak for you did not? I guess it sure sounds like that. As an ex boss of mine who's departed this worldonce said, Peoplecan beso disappointing. (Well, we all know that, don't we?) My jaw hit the floor when I read yr subject field. Like all of us I'd been thinking about you and waiting and wondering all day. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Hideyo Yamamoto Sent: Monday, December 19, 2005 3:15 PM To: felvtalk@felineleukemia.org Subject: I lost my court hearing today - Thank you so very much for all your support, especially, Michelle I am so grateful for everything you have done for me. I had a hearing this morning, to make it short, I lost. I cried for about 5 mins but now I am back in business. I am going to appeal to District court. Michelle, what came down was that, as we expected, the hearing officer does not have authority to declare that the law is unconstitutional so he had to deny my appeal. But I did establish that Im not a hoarder, they agreed that I take such a good care of animals the only issue is the sq. ft calculation of the law, which has no rational base. The city attorney was really harsh on me, I guess all the people who I thought talked to him off records, they did not.. so based on the report, he made an assumption that I was a hoarder and he came down really hard on me.. here I am.. I am trying to defend my case as a lawyer who has no idea what I am doing.. but during the break, Greg talked to him, and he calm down.. again they acknowledge the fact that there is no nuisance and all the animals are very well cared for, which was a big deal.. the only thing I have to fight against is about the law being unconstitutional After the hearing was over, the hearing officer told me that, I made a good argument,, appeal to District court you can do it!.. So the meantime, Greg thought the city attorney is probably willing to make a deal with me as its going to be expensive to go to District court.. or Supreme Court for the matter as I am going to go all the way if I have to protect my cats! If the law is find unconstitutional, the city will risk the entire pet limit being knocked down, so Greg feels that they might not want to do that. Anyway,, I wanted to give you the update. I have a criminal hearing coming up on 1/12 Greg thought that I should make a same argument and if some reason, the law is found unconstitutional at the metro level, it will be easier to win at District level.. We will see. Though I did not know what I was doing.. I am proud of myself of my accomplishment if I ended up going to district or supreme level and ended up striking out the pet limit law,, I guess thats whats meant to be.. I will not give up.. not just yet everyone, please keep praying for me and my babies. I am also thinking of seeing Mayor to see if theres any thing he can do -- =00IRS CIRCULAR 230 NOTICE. Any advice expressed above as to tax matters was neither written nor intended by the sender or Mayer, Brown, Rowe & Maw LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer, Brown, Rowe & Maw LLP) of that transaction or matter, and (ii) such taxpaye
Re: I lost my court hearing today -
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 geta 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
Re: I lost my court hearing today -
Sh*t! I was so hoping you could solve this problem today. I know you are a fighter and you have what it takes to keep fighting until you win. These laws ARE unconstitutional in my opinion. If people in agriculture and medicine can warehouse and torture animals how can what YOU are doing be criminal? It's totally unconstitutional to tell you how many children you can have. Why isn't the same true for pets. We have a limit where I live too. 8! Of course I'm over that, but I don't advertise it around here. It's just ridiculous.I'm keeping you in my thoughts and prayers that you will eventually win this case.tHideyo Yamamoto [EMAIL PROTECTED] wrote:Thank you so very much for all your support, especially, Michelle I am so grateful for everything you have done for me. I had a hearing this morning, to make it short, I lost. I cried for about 5 mins but now I am back in business. I am going to appeal to District court. Michelle, what came down was that, as we expected, the hearing officer does not have authority to declare that the law is unconstitutional so he had to deny my appeal. But I did establish that Im not a hoarder, they agreed that I take such a good care of animals the only issue is the sq. ft calculation of the law, which has no rational base. The city attorney was really harsh on me, I guess all the people who I thought talked to him off records, they did not.. so based on the report, he made an assumption that I was a hoarder and he came down really hard on me.. here I am.. I am trying to defend my case as a lawyer who has no idea what I am doing.. but during the break, Greg talked to him, and he calm down.. again they acknowledge the fact that there is no nuisance and all the animals are very well cared for, which was a big deal.. the only thing I have to fight against is about the law being unconstitutional After the hearing was over, the hearing officer told me that, I made a good argument,, appeal to District court you can do it!.. So the meantime, Greg thought the city attorney is probably willing to make a deal with me as its going to be expensive to go to District court.. or Supreme Court for the matter as I am going to go all the way if I have to protect my cats! If the law is find unconstitutional, the city will risk the entire pet limit being knocked down, so Greg feels that they might not want to do that. Anyway,, I wanted to give you the update. I have a criminal hearing coming up on 1/12 Greg thought that I should make a same argument and if some reason, the law is found unconstitutional at the metro level, it will be easier to win at District level.. We will see. Though I did not know what I was doing.. I am proud of myself of my accomplishment if I ended up going to district or supreme level and ended up striking out the pet limit law,, I guess thats whats meant to be.. I will not give up.. not just yet everyone, please keep praying for me and my babies.I am also thinking of seeing Mayor to see if theres any thing he can do --
