[EMAIL PROTECTED]
Sent: Monday, December 19, 2005
3:13 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th
Hideyo, do not underestimate what a big
deal it is for a hearing officer to say that.
In a message dated 12/19/2005 4:29:54
P.M. Eastern Standard
t: Re:
Hideyo's court case 19th
Hideyo, do not underestimate what a big deal it is for a hearing officer to
say that.
In a message dated 12/19/2005 4:29:54 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
at the end, the
hearing officer also said.. you have a really cool set up for you
Hideyo, do not underestimate what a big deal it is for a hearing officer to
say that.
In a message dated 12/19/2005 4:29:54 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
at the
end, the hearing officer also said.. you have a really cool set up for your
cats…you have a strong c
@felineleukemia.org
Subject: Re: Hideyo's court case
19th
Make sure you have a written outline (I
know you do already) and then just relax and stay very calm, no matter how
outrageous they get. One of the more difficult-to-do secrets of legal
advocacy. I will be thinking of you! Please let us
Hideyo, we're pulling for you! Wishing you all the best from Arkansas.
Gloria
At 07:47 PM 12/18/2005, you wrote:
Dear Hideyo
Just want to wish you all possible good luck tomorrow. I'll be thinking of
you and sending zillions of positive vibes your way.
love and hugs,
Kerry
Kerry
- Original Message -
From:
Nina
To: felvtalk@felineleukemia.org
Sent: Sunday, December 18, 2005 8:44
PM
Subject: Re: Hideyo's court case
19th
Me too Hideyo! I woke up thinking about you and haven't
been able to get you off my mind. We&
Make sure you have a written outline (I know you do already) and then just
relax and stay very calm, no matter how outrageous they get. One of the more
difficult-to-do secrets of legal advocacy. I will be thinking of
you! Please let us know what happens.
Good luck,
Michelle
Me too Hideyo! I woke up thinking about you and haven't been able to
get you off my mind. We're all with you, praying for strength and
articulation for you and insight, compassion and reason for the court.
You've done your homework, you're ready, speak for all of us tomorrow.
Meditate and p
Me too!
GO HIDEYO!!!
In a message dated 12/18/2005 6:02:36 PM Pacific Standard Time, [EMAIL PROTECTED] writes:
Dear Hideyo
Just want to wish you all possible good luck tomorrow. I'll be thinking of you and sending zillions of positive vibes your way.
love and hugs,
Kerry
Terrie MohrT
Dear
Hideyo
Just want to wish you all possible
good luck tomorrow. I'll be thinking of you and sending zillions of positive
vibes your way.
love and hugs,
Kerry
a.org
Sent: Tuesday, December
13, 2005 2:25 PM
Subject: RE: Hideyo's court
case 19th?? - to Michelle
Michelle - If I ever forget to tell
you, I wanted to you know how grateful I am of your insight on this. And
I will tell all my furry children how much you are helping me and sa
I actually would be surprised if they limit your argument time, but I guess
they could. Greg is right about being concise anyway, though. You can
probably submit a memo in writing if you want to, which lays out the various
arguments and evidence and supporting cases, etc. If you had a lawy
13, 2005 2:25
PM
Subject: RE: Hideyo's court case 19th?? -
to Michelle
Michelle - If I
ever forget to tell you, I wanted to you know how grateful I am of your
insight on this. And I will tell all my furry children how much you are
helping me and saving their
: Tuesday, December 13, 2005
2:04 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th?? - to Michelle
Hideyo,
This is getting a little
beyond me, as I do not have any experience with zoning, but if they told you
they were giving you a sanctuary permit (as opposed
Hideyo,
This is getting a little beyond me, as I do not have any
experience with zoning, but if they told you they were giving you a sanctuary
permit (as opposed to a permit to just have 18 cats), I think you have an even
stronger case. The government can not approve a status like that o
:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, December 13, 2005
1:44 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th?? - to Michelle
Hmm. Wow, I would want to bring up
that other woman's case, but you'
Hmm. Wow, I would want to bring up that other woman's case, but
you're right in not wanting to jeopardize her. What is the zoning for where you
are? If you incorporated as a nonprofit rescue group, could you get a kennel or
sanctuary license?
Michelle
Michelle - If I ever forget to tell you,
I wanted to you know how grateful I am of your insight on this. And I will
tell all my furry children how much you are helping me and saving their lives!!
Yes, everything you say totally makes
sense. I wish I had something physical to proof th
I think the next logical step is for you to go to law school!
Ok, if you are going to be before a hearing officer rather than a judge,
Greg is right-- the hearing officer probably can not, let alone will not, rule
an ordinance invalid. I think you are right to stress the no problem, no
n
, December 13, 2005
12:02 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th?? - to Michelle
If they all have limits and they are a
fixed number, I probably would not bring them up at all.
As to your argument, I think you are
right about focusing on t
sounds good. whatever happens on Monday, if the criminal charges are not
dropped, bring the lawyer.
Michelle
In a message dated 12/13/2005 1:58:10 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
Yeah.. Greg’s friend
is a very good criminal lawyer – he is probably too good – he defe
If they all have limits and they are a fixed number, I probably would not
bring them up at all.
As to your argument, I think you are right about focusing on the 10% issue.
It is really random. Where does it come from? Are they suggesting that
people who have dogs are supposed to confine t
not go well,, we will worry the next step..
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, December 13, 2005
11:54 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
do you have a criminal lawyer? I
r
do you have a criminal lawyer? I really would consider getting
one.
Michelle
In a message dated 12/13/2005 1:53:01 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
I had a bond
arraignment this morning for the criminal complaint this morning.. so pleaded
not guilty and trial is
at least that’s what Greg said)
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, December 13, 2005
8:21 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
No, the citation is just the book and
volume n
PROTECTED]
Sent: Tuesday, December 13, 2005
8:30 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Look at the reasoning used in the
decisions you have where ordinances were struck down, and see if you can use
that.
Also, if you can get one of
I would make the equitable estoppel argument, that you relied on what you
were told by the government. Did you spend any money fixing things up for
the cats in the past year since he said you had the permit? If so, seriously, I
would document that and point out that you relied financially,
:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, December 13, 2005
8:33 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
That is really strange-- that they say
you need a permit but do not have any written record of giving them out?
I would say
That is really strange-- that they say you need a permit but do not have
any written record of giving them out? I would say that bolsters the claim
of arbitrary and capricious behavior-- that they do not seem to have a uniform
way of deciding or recording the permits, and seem to do it by w
Look at the reasoning used in the decisions you have where ordinances were
struck down, and see if you can use that.
Also, if you can get one of your "expert" witnesses-- the vet or the animal
services person who is writing you a letter-- to say in a letter or in testimony
that different
No, the citation is just the book and volume number. You probably
have the actual court decision. Thanks for offering to fax it, but that's
not necessary. I saved the summary that you sent me, and if I ever need access
to the case I'll contact ALDF. The only fax machine I have has to be
PROTECTED]
Sent: Monday, December 12, 2005
4:35 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Hideyo,
Thanks, but not necessary to
fax. The citation is just the name of the case book and volume number of where
to find it. It may not be a publ
Hideyo,
Thanks, but not necessary to fax. The citation is just the
name of the case book and volume number of where to find it. It may not be
a published decision, but it should be since it was a higher state court I
think. If you can figure out or ask your boyfriend the numbers and let
08, 2005
3:39 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Do you have the citation for that case? I
would love to read the decision. It's great you found that case.
You should actually bring a copy with you to submit to the court. Not havin
lems created byothers, who get penalized<<<Agreed, that's just one thing very wrong and unfair about the world we livein.Kerry- Original Message -From: "TenHouseCats" <[EMAIL PROTECTED]>To: Sent: Thursday, December 08, 2005 4:48 PMSubject: Re: Hideyo's cour
to hear your stories about how
you got all of your cats, probably privately so that we don't take up
webspace. Please?
Love and luck,
Presto
- Original Message -
From:
Hideyo Yamamoto
To: felvtalk@felineleukemia.org
Sent: Thursday, December 08, 2005
animals
one can have.. how do I prove it it does not make sense scientifically???
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Friday, December 09, 2005
8:39 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Of Presto
Sent: Friday, December 09, 2005
9:09 AM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Michelle, this
is fabulous. Very good information to know. I've printed it and
tucked it in a cat file, in case anyone I know (or Ev and I) get into
ou have friends/acquaintances, still in
MA, who can do it?
Presto
- Original Message -
From:
[EMAIL PROTECTED]
To: felvtalk@felineleukemia.org
Sent: Friday, December 09, 2005 10:29
AM
Subject: Re: Hideyo's court case
19th??
Hideyo,
Glad to hear you are
r 08, 2005 7:38
PM
Subject: Re: Hideyo's court case
19th??
I was in MA for 10 years, but moved back to NJ this summer. MA is
pretty amazing in many ways, legally. Though pretty horrible in other
ways (the Romney administration is pretty awful, and believe it or not MA
ok. The intent definitely helps, for two reasons: one, you are not
violating the intent and are in fact furthering it, and two, it helps to show
that their formula for deciding the number of animals has no rational basis and
does not have any relation to the intent of the statute.
But you
Hideyo,
Glad to hear you are not pleading guilty.
If they gave you the permits in prior years, I think you
need to talk to your boyfriend about making the following two arguments as well,
in addition to challenging the rational basis for the ordinance itself:
1) equitable estoppel-
I was in MA for 10 years, but moved back to NJ this summer. MA is
pretty amazing in many ways, legally. Though pretty horrible in other ways
(the Romney administration is pretty awful, and believe it or not MA has the
worst (of all states and DC) participation rate in the Food Stamp progra
: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
I think it is good to always have a
back-up plan. But the court has to allow time to file an appeal.
The court does not have to agree, however, to stay a bad decision while an
appeal is pending, i.e. to leave the cats
might be able to help me to better present my case.
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
6:10 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
I think that many are fera
x27;s court case
19th??
Call the ALDF office and talk to a live
person. Tell whoever answers that I told you to call (use my name,
Michelle Lerner) and mention that I started the student ALDF chapter at Harvard Law School.
Tell them that I am in MA and can not help you and that I told y
Presto
Sent: Thursday, December 08, 2005
5:25 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
I think it
would be a good idea to set up a contingency plan, in case the
court decision goes against Hideyo.
She may not be
given the time to file an a
: Hideyo's court case
19th??
Michelle, are
you in MA? So am I. A very educated, liberal state, comparatively
speaking. We have it lucky compared to some who live in less tolerant
states.
Presto
- Original Message -
From: [EMAIL PROTECTED]
To: fel
having five of 30lb dogs..
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
5:03 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Hideyo,
Thank you. I read it.
The
D] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
5:03 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Hideyo,
Thank you. I read it.
The link is not to the decision itself, but to a summary of the decision. And
it was not a
age -
From: "TenHouseCats" <[EMAIL PROTECTED]>
To:
Sent: Thursday, December 08, 2005 4:48 PM
Subject: Re: Hideyo's court case 19th??
i would think it would help to bring out more forcefully what has been
mentioned in passing: that hideyo, you are taking in animals tha
you're probably right, michelle--i'm just looking at it from the
position of enforcement of ALL animal laws, not just directing
enforcement against responsible caretakers.
--
MaryChristine
AIM / YAHOO: TenHouseCats
MSN: [EMAIL PROTECTED]
ICQ: 289856892
I think that many are feral and semi-feral and at least one is FeLV+ and
several are elderly. When I said I would assist with legal fees, I mean
about $100. We are actually doing pretty badly financially since moving,
due to me only having part-time work right now and a bunch of vet bills
ndous amount of rescue work
in 25 years, and what people say can be misleading. I'm sensing a lack of
crucial information.
With appreciation,
Presto
- Original Message -
From:
[EMAIL PROTECTED]
To: felvtalk@felineleukemia.org
Sent: Thursday, December 08, 200
, December 08, 2005 7:03
PM
Subject: Re: Hideyo's court case
19th??
Hideyo,
Thank you. I read it. The link is not to the decision
itself, but to a summary of the decision. And it was not a federal court, but
a state court that struck down the ordinance.
Does
I think it is good to always have a back-up plan. But the court has
to allow time to file an appeal. The court does not have to agree,
however, to stay a bad decision while an appeal is pending, i.e. to leave the
cats alone while the appeal pends. However, a refusal to stay the decision
at Hideyo doesn't get
herself into this situation again. And saying "No" to a needy cat is
extremely hard; I know that full well.
Suggestions?
Presto
- Original Message -
From:
[EMAIL PROTECTED]
To: felvtalk@felineleukemia.org
Sent: Thursday, Dec
Hideyo,
Thank you. I read it. The link is not to the decision
itself, but to a summary of the decision. And it was not a federal court, but a
state court that struck down the ordinance.
Does your town have a limit on the number of animals? Or
was this just a case-by-case decision
Call the ALDF office and talk to a live person. Tell whoever answers
that I told you to call (use my name, Michelle Lerner) and mention that I
started the student ALDF chapter at Harvard Law School. Tell them that I
am in MA and can not help you and that I told you to call and see if a) th
You're doing a great job of advocating for yourself.
Michelle
In a message dated 12/8/2005 6:15:43 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
What the city
attorney, Greg Wheeler said to us is that.. all they care about is whehter my
neighbors are complaining about me having
) was an anonymous call, so the person will probably not show up the court)
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
3:55 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
communities to kill more animals.
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005
3:39 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Do you have the citation for that case? I
would
@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Do you have the citation for that case? I
would love to read the decision. It's great you found that case.
You should actually bring a copy with you to submit to the court. Not having
read the decision, I do not kno
The problem is that the city probably does not really care whether these
cats live or die, and certain city actors are probably of the opinion that cats
with long-term illnesses, like FeLV should not be allowed to live anyway and
only nuisance-causing crazy cat ladies keep them alive. Shock
i would think it would help to bring out more forcefully what has been
mentioned in passing: that hideyo, you are taking in animals that no
one else wants, that you are caring for creatures that may be ill or
undesirable (to others) but deserve to live, and that you are NOT the
people who are letti
Do you have the citation for that case? I would love to read the
decision. It's great you found that case. You should actually bring
a copy with you to submit to the court. Not having read the decision, I do not
know if it is technically relevant to your case (your boyfriend should be able
@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Hideyo, if this does go forward and for
some reason you do lose and the order is bad, file an appeal and call the
Animal Legal Defense Fund for referral to an attorney to represent you on
appeal. I personally would call them n
Hideyo, if this does go forward and for some reason you do lose and the
order is bad, file an appeal and call the Animal Legal Defense Fund for referral
to an attorney to represent you on appeal. I personally would call them
now to see if someone is in your area who can help on the 19th if
as a lawyer, i can tell you that is the best news yet.
mivhelle
In a message dated 12/8/2005 5:17:42 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
I am also a friend of
the city attorney who is going to be against me on 12/19 – he is going to have
a off record conversation abou
.. why removing them and trying
to kill them using tax payer’s money..
From:
[EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On
Behalf Of MacKenzie, Kerry N.
Sent: Thursday, December 08, 2005
1:32 PM
To: felvtalk@felineleukemia.org
Subject: RE: Hideyo's court case
19th??
Agreed. U
PROTECTED]
Sent: Thursday, December 08, 2005
1:20 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
No, I don't think it can hurt. But
it is really important that Hideyo get something from her vet (better if he is
willing to testify in person or write an affida
:34 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case
19th??
Good idea.
Michelle
In a message dated 12/8/2005 3:32:47 P.M.
Eastern Standard Time, [EMAIL PROTECTED] writes:
I remember a story that Hideyo told us
about a cat caught in a drain, (or
L PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of NinaSent: Thursday, December 08, 2005 2:31
PMTo: felvtalk@felineleukemia.orgSubject: Re: Hideyo's
court case 19th??I remember a story that Hideyo told us
about a cat caught in a drain, (or some such thing), where the local media and
some local
Good idea.
Michelle
In a message dated 12/8/2005 3:32:47 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
I
remember a story that Hideyo told us about a cat caught in a drain, (or some
such thing), where the local media and some local offical was involved.
I suggested that she
@felineleukemia.orgSubject:
Re: Hideyo's court case 19th??
No, I don't think it can hurt. But it is really important that Hideyo
get something from her vet (better if he is willing to testify in person or
write an affidavit, which is a sworn statement) and from neighbors and local
folk
I remember a story that Hideyo told us about a cat caught in a drain,
(or some such thing), where the local media and some local offical was
involved. I suggested that she talk with them and ask for their help,
but I don't know if they have been contacted.
Nina
[EMAIL PROTECTED] wrote:
No, I don't think it can hurt. But it is really important that Hideyo
get something from her vet (better if he is willing to testify in person or
write an affidavit, which is a sworn statement) and from neighbors and local
folks familiar with her rescue work. If she shows up with only onli
Title: Message
I did wonder that as I began writing mine
last night. Still, it can't hurt--or can it? And, it's the 19th isn't
itnot the 12th? Hideyo? Kerry
-Original Message-From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of [EMAIL PROTECTED]Sent: Thursday, Decem
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