@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 know what
:
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 your catsyou
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 Time, [EMAIL
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
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
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
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
- 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're all with you, praying
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
: 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 saving their
lives
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
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
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
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 bolsters
: 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 your
expert witnesses
(or at least thats 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 number. You
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
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
really would
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
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
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 the 10% issue. It is really
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
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 that
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
, 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 having
read the decision, I
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 published decision
Message -From: "TenHouseCats" <[EMAIL PROTECTED]>To: <FELVTALK@FELINELEUKEMIA.ORG>Sent: Thursday, December 08, 2005 4:48 PMSubject: Re: Hideyo's court case 19th??i would think it would help to bring out more forcefully what has beenmentioned in passing: that hideyo, you
, 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 that no
one else wants, that you are caring for creatures that may be ill or
undesirable (to others) but deserve
: 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 federal court, but a state court that struck down
..
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 link is not to the decision itself
@felineleukemia.org
Sent: Thursday, 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
, 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
courtdecision goes against Hideyo.
She may not be
given the time to file an appeal. She may not have
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 you to call
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 feral and
semi
@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 alone while
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 program
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-- this
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
: 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 has
the worst (of all states and DC
, 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 not pleading guilty
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 a similar
predicament
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??
ok
webspace. Please?
Love and luck,
Presto
- Original Message -
From:
Hideyo Yamamoto
To: felvtalk@felineleukemia.org
Sent: Thursday, December 08, 2005 7:32
PM
Subject: RE: Hideyo's court case
19th??
Oh.. Presto you are
so sweet and I appreciate
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, December
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
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:
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
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 offical was involv
]
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 affidavit, which
removing them and trying
to kill them using tax payers 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. Unlike myself
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
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
@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 now to see
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
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
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.
@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 know
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 love
) 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??
The problem
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
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)
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 justa case-by-case decision denying
"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, December 08, 2005 5:55
PM
Subject: Re: Hideyo's court case
19th??
T
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
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 your town have
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, 2005 7:32
PM
Subject: Re: Hideyo's court case
19th??
I think
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
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
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