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M Charles Swope wrote:
Sorry for the delay, but I had to wait for next day to post, And I don't rember anyone justifing there swipes against The Honrable Judge Lindman, except for maybe me again. So consider this a freebie, and don't expect me to debate the list. If however you could convice Mr. Unger to debate this, we might all get some more insight legal system, and maybe find a way to stop GSE.================================================= St. Paul E-Democracy Works Through SHARING:
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I concur that Arno's swipe at Mike Unger was entirely unjustified. This man has devoted countless hours in trying to rid the community of the GSE nusiance, all without pay of any kind. He deserves our thanks.
The fact is he is up against corporate gangsters who have no compunction at all in taking public moneys while stiffing the city for sewer charges and fouling the neighborhood in which they operate. More challenging is the fact that the city has to be goaded into the least bit of activity to alleviate the GSE nuisance and that we have a mayor who has sat and watched this situation for years without once having done anything to alleviate the hardship on the community.
So, I understand Arno's frustration. GSE is still operating and fouling the city. However, it is unfair to take a swipe at Mike Unger who has done his level best to get this nuisance abated. The real culprits are Bruce Hendry who cares for nothing but getting as much public money as he can from this operation and the city which has been coddling these corporate criminals for years.
If, as Dan Dobson suggests, it is necessary to dig up their sewer lines to cut off their access to the sewers that the rest of us pay for, then let's do it. If the city or the water commission can't figure out a way to deny these people access to free sewer services, then let's find someone who can. GSE is a thief, stealing sewer services. Surely, if the city had a will to do so, it could put a stop to it.
It is inconceivable that we should be subsidizing this criminal organization. If I were the city or county attorney, I'd institute a RICO prosecution. They're a criminal enterprise stealing city services. And I'd name Bruce Hendry as a defendant, along with the corporation.
Charlie Swope
Ward 1
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1)First of all I don't think my swipe at Mr. Ungers performance and goals regarding GSE are unjustified, you may disagree with me thats fine. I will give short list of reasons below.
2)Second Mr. Ungar, and others on this list have done far worse to the Honarable Judge Lindman, and the only person to respond to those accusations, saying there may be another explaination was who (ME).
3)I never said that with absolute certainty that anybody on this list was wrong.
I)When I was interviewed to be a recruit in this class action suit. I was very disturbed by the way the questions
were asked. The order they were asked in, and the lack of concern about the noise. You see by the time Mr. Ungar had showed up my hearing damage was already started.
1.But I thought maybe thats how depositions are supose to go.
II)I specificly asked if I was going to get a chance to review the documents they wanted me to sign. The interview said yes. I received voice mail telling me to be at some cafe inbetween a two hour window or else basicly, no address, no phone number I didn't have time to get away during that two hour window, but thought it doesn't mater if
I'm in the core group, because its a class action law suit for the neighborhood. (right?)
III) Mr. Ungars goal has never been to shut GSE down, he's said it himself multiple times, My goal has always been to shut GSE down, after my hearing damage began. (hence his nic name the great mediator)
IV)I have had meetings with Mr. Ungar, and some noise consultant of his, or CASE. At this meeting. I brought my test equipment to the meeting for the consultant to look at.
1.Surprise my equipment met the requirements for satisfing the measurment requirments under b oth city, and state
guide lines.
2.The error tolerance on my meters is 1.5 db, the error tolerance on the citys, and the sates are 0.5 db. But both of these are irelavent because GSE was a constant 10 db above daytime limits, and 20 db above night time limits.
3.At the meeting the consultant explained how much work it was to do with a dumb noise meeter, knowing full well none of us had the money to burn on high buck equipment.
4.I learned how to compute L50, L10. Rewote my software to do just that
5.For a lawyer thats doing pro bono work, and has a reputation, job description for enviormental justice. You woul;d have thought that hed have a cheep place to rent this equipment, or maybe even own some himself, but alas no.
6.I have not including my GSE experience over three years data aquision experienace, including recreating / recovering damaged data following NIST standards and refrences.
V)At this time Mr Ungar requested that I not share my data with anyone, and we would use this data to surprise GSE, and really sock it to them.
1. I said that I had already made the data public on my web site, and had include sample data and locations to both the city and the MN PCA in my complaints. After a slight pause he said that was ok, His plan would still work. Just don't tell anymore people, or remind them.
2.Well so far my data hasn't been used leagly, but it is still valid data never the less.
3.I got surprised a second time when people from case started asking me why I wouldn't share the data with CASE. I said you don't know what your talking about I've always shared my data, and the only person who didn't want me to was Mr. Unger (thinking I had straightend this out didn't give it a second thought)
4.Next time some one from CASE said that to me, they included it came from Mr. Ungar, I remided them of the meeting with the noise consultant, and the conversations we had after the meeting. Weather they remembered or not I don't know, there was no transcript.
VI))Mr. Unger was the only represntitive of West 7 th. st. (Or at least I assume he should have been.) That was allowed to see the sweet heart back room deal before it became an ambush agenda item on or around December 28, 2001. city council meeting.
1.) Mr. Unger did not speak out against it publicly at the coucil meeting that I am aware of.
2.) If Mr. Ungar is as smart as every one keeps telling me, then for sure he knew it was an illegal agrement, and
unconstitional, under city leg code 293.09 now sub paragraf (f), back then was (d,e). There is also a minn statue
that covers the same topic. Minn Statue 116.07 subd (d).
3.) Mr. Unger could have stopped this aggreement with a few statements, or at the very least deny the city coucil
plauseable denability that they didnt know it was ileagle.
1. Parlamentry inquiry Mr. Presadent Isn't this agreement illeagel under city / state leg code dening the public there right to due process of a hearing if they are so interested or inclied. This question would have put every body on notice before they voted. They would have at least tabled it, or maybe not. I'm not one of the top lawyers in the state, I'm sure who ever they are could have done better
4.) Even though I've tried to have this conversation with Mr. Ungar several times its never happened, and to date
I don't know for sure if it was an honest mistake, or a deliberate one. But now maybe I'll get an answer.
VII)When attending open court during the closing arguments of one of the trials, the judge asked Mr. Unger if he wished to make a closing statement. Mr. Unger said he would like to. (Paraphrasing here) judge Is this going to be
a legal argument Mr. Unger, or another one of your pasionate speatchs for justic. Mr. Unger one of my pasionate speaches.
1.It was a passionate speech, it welled up a tear in my eye. Got a around of quite apause from the galary. But of
couse it was completely irrelavent.
VIII)this was just a quick list, could do more.
So if I wanted to stop the St. Thomas University expansion, and not just slow it down, or settle for some other mediated position. I might want shop around, or make sure I have a pro bono lawyer, and not a pro bono mediator.
Arno A. Karner West 7 th. st. < 300 ft. NNW of GSE http://tnss.com/noise_stink aka Behind the Muffs
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