Topics include: cancer patient temporary housing zoning ordinance and whether a zoning ordinances limits the number of unrelated persons in a house; gas pipeline settlement legal fees; electric utility smart meters installation; average wholesale price of pharmaceuticals and whether the Workers' Compensation Act limits reimbursements to 110% of the average wholesale price; and whether voting results on a victim rights constitutional amendment should be nullified if it's deemed to contain multiple subjects
00:22 - >>GOOD MORNING WELCOME TO THE
00:24 - COMMONWEALTH COURT.
00:27 - MANY OF YOU KNOW
00:28 - WHAT ARE OPERATING ROLE PROVIDE
00:31 - AND THAT IS THAT IT
00:32 - IT. BY KATE IS A
00:34 - LOT OF 15 MINUTES PER SIDE AND
00:36 - THAT HURT I NOT HURT
00:38 - HER KNEE. IF YOU WISH TO DIVIDE
00:41 - HER TIME LET THE COURT KNOW
00:43 - IN ADVANCE. IF YOU ARE THE
00:45 - PETITIONER YOU MAY READ YOUR
00:46 - SOME OF YOUR
00:47 - REBUTTAL TIME OR SOME OF YOUR
00:50 - 15 MINUTES FOR REBUTTAL.
00:52 - AGAIN LET THE COURT KNOW.
00:54 - WHEN YOU BEGIN YOUR ARGUMENT,
00:56 - WHAT YOUR INTENTION IS.
00:59 - THAT I WILL CALL THE FIRST CASE
01:01 - WHICH IS COURTNEY PAVEMENT.
01:03 - THE FIRST IS
01:04 - AND AM A MAN THAT BILL LANE
01:07 - VERSUS THE AND THE MAN
01:11 - PROFESSIONAL OCCUPATIONAL FAIR
01:14 - THEY BOARD OF COSMETOLOGY.
01:16 - >>THE PETITIONER COURTNEY
01:18 - CAVEMAN AND AMANDA THE LANE
01:20 - HAVE APPLIED FOR LIMITED
01:22 - COSMETOLOGY LICENSES FROM THE
01:24 - STATE BOARD OF PROBLEM AND ALL
01:26 - OF THE.
01:26 - >>THE BOARD DENIED THEIR
01:28 - APPLICATION FOR THE STATED
01:30 - REASON THAT THE APPLICANT BLACK
01:32 - GOOD MORE
01:32 - MORAL CHARACTER AS DEMONSTRATED
01:35 - BY THEIR PRIOR CRIMINAL
01:37 - CONDUCT.
01:39 - THE TEACHER CHALLENGE TO
01:40 - STATUTORY STANDARD AS
01:42 - UNCONSTITUTIONAL ON
01:44 - ITS FACE. THE PETITIONERS ARGUE
01:46 - THAT THE STATUTE BY LAY PEOPLE
01:48 - PROTECTION AND
01:49 - DUE PROCESS. MORE SPECIFICALLY
01:51 - THEY CONTEND THAT THEY
01:53 - GOOD MORAL CHARACTER
01:54 - REQUIREMENT LAST A REAL AND
01:56 - SUBSTANTIAL RELATION TO BE GOAL
02:00 - OF PROTECTING PATRON A BEAUTY
02:02 - SALON.
02:03 - THE BAND OR IRRATIONALLY
02:05 - DISCRIMINATE BECAUSE BARBER
02:10 - CASHIERS AMONG OTHER SO
02:11 - ON EMPLOYEE DO NOT NEED TO SHOW
02:14 - GOOD MORAL CHARACTER.
02:17 - FURTHER THE BOARD APPLY THE
02:19 - STANDARD ARBITRARILY. THE
02:21 - COMMISSIONER HAVE FILED AN
02:23 - APPLICATION FOR SUMMARY REALLY
02:25 - THE BOARD COUNTERS THAT THERE
02:27 - ARE GENUINE ISSUE OF MATERIAL
02:29 - FACT TO PRECLUDE SUMMARY
02:31 - REALLY. THE BOARD ALSO
02:33 - WHAT FOR THE PETITIONER RIGHT
02:35 - TO RELIEF IS NOT CLEAR AND WITH
02:38 - THEM WE ALL
02:40 - ALL MR. MISTER WARD WHO IS
02:43 - GOING TO BE MAKING THE ARTISTS
02:44 - OR ART.
02:47 - >>ME YOUR HONOR I'M
02:48 - ANDREW ORDERED. FOR THE
02:50 - PETITIONERS GOOD MORNING AND
02:52 - I'D LIKE TO RESERVE 2 MINUTES.
02:55 - THERE HAS
03:00 - MAY IT PLEASE
03:01 - THE COURT. THE GOOD MORAL
03:03 - CHARACTER REQUIREMENT ALLOWS
03:06 - THE
03:06 - COSMETOLOGY BOARD TO SUBJECT
03:10 - APPLE CAN'T TO A DEEPLY
03:13 - INVASIVE PROCESS.
03:15 - >>A PROCESS THAT THE TREASURY'S
03:17 - A TESTIMONY ABOUT
03:19 - RELIGION N DOMESTIC ABUSE
03:22 - AND DEPRESSION BECAUSE OF
03:25 - CRIMINAL HISTORIES. IT HAD
03:27 - NOTHING TO DO WITH COSMETOLOGY
03:30 - THAT THAT THE
03:31 - PROCESS ITSELF IS
03:34 - UNCONSTITUTIONAL ON ITS
03:36 - STATIONS THAT HE SAYS ARE
03:38 - CLEAR.
03:40 - SHEIK SHOWS THAT LAWS LIKE THIS
03:42 - CAN BE UNCONSTITUTIONAL ON
03:44 - THEIR FACE UNDER THE DAM GO
03:46 - TEST THAT ASKING THE
03:48 - SUPREME COURT REAFFIRMED JUST A
03:51 - FEW WEEKS AGO IN LEAD VERSUS
03:53 - YOU HAVE A STATE COMMISSION.
03:55 - OH I WOULD
03:56 - SAY SAID AND BENTLEY SHOW THAT
03:59 - THE BOARD CAN'T JUST ASSUME A
04:02 - CONNECTION BETWEEN COSMETOLOGY
04:05 - IN CRIME AND JONES THEN TOWARD
04:08 - YOU WHAT I'M I HE'S A JUMP IN
04:10 - RIGHT AWAY IT'S LIKE YOU DID A
04:11 - GREAT JOB GETTING RIGHT TO YOUR
04:13 - ARGUMENT APPARENTLY GIVEN HOW
04:14 - MUCH THE FACTUAL BACKGROUND
04:16 - THOUGH.
04:17 - >>IS DUE TO FACE A
04:17 - CONSTITUTIONAL
04:18 - CHALLENGE TO REALLY CONCERNED
04:20 - WITH THE LANGUAGE BACK SHE TOOK
04:22 - A
04:22 - LITTLE CHARACTERS. PUBLICLY
04:25 - THERE'S NO STATUTE OR DYING
04:27 - WHICH WE'RE LOOKING AT IS AS A
04:28 - PERSON WITH A CRIMINAL HISTORY
04:30 - CANNOT BE SCOTT AND ALLAH SO
04:32 - HOW IS
04:33 - HE NOT FACIALLY
04:35 - UNCONSTITUTIONAL WHEN YOU WERE
04:38 - A BATCH JUST REQUIRES GOOD
04:40 - MORAL CHARACTER TO BE LICENSED
04:42 - BY THE COMMONWEALTH.
04:45 - AND AS INTERPRETED.
04:48 - >>GOOD MORAL
04:48 - CHARACTER AS LACKING ACTS OF
04:51 - MORAL TURPITUDE AND THE BOARD
04:53 - IN TERMS
04:54 - STREAMS PEOPLE WHEN THE ACTION
04:56 - GETS SHUNS FOR CRIMES OF
04:58 - MORAL TURPITUDE AND THAT IS ALL
05:00 - WELL AT THE BACK AND THAT IS AN
05:01 - APPLICATION THAT
05:03 - THE FLY.
05:04 - >>YEAH THAT YOU'RE SEEING IS
05:05 - THE DANGER I THINK IS GOING TO
05:06 - SLIDE INTO DURING THIS ARGUMENT
05:08 - IS THE ONLY ISSUE IS
05:11 - HOW IS GOING TO BASICALLY
05:13 - UNCONSTITUTIONAL LOOKING AT THE
05:14 - STATUE IS NOT WHAT YOU HAVE TO
05:16 - SORT OF FIGHT BACK AND LOOKING
05:18 - AT THAT STATUE.
05:19 - >>THAT MADE IT
05:20 - FACIALLY
05:20 - UNCONSTITUTIONAL TO REQUIRE
05:23 - LICENSEES OF THE CONTINENT
05:25 - WOULD GET THE
05:26 - AUTHORITY OF STATE GOVERNMENT
05:28 - TO ENGAGE IN ANY PARTICULAR
05:30 - ACTIVITY THAT THEY HAVE GOOD
05:32 - MORAL CHARACTER HOW IS THAT
05:34 - USUALLY UNCONSTITUTIONAL.
05:37 - >>LET ME BEGIN WITH THE 4TH
05:39 - POINT IN OUR CAREERS. WE ARE
05:41 - NOT CHALLENGING THE
05:44 - BOARD'S POWER TO KEEP OUT
05:46 - APPLICATIONS WHO HAVE
05:48 - COMMITTED.
05:49 - ROBIN CRIMES UNDER KOREA AND
05:52 - WE'RE
05:52 - NOT CHALLENGING. THE BOARD'S
05:54 - AUTHORITY TO KEEP OUR
05:56 - APPLICANTS FOR ROBIN UNETHICAL
05:59 - CONDUCT UNDER SECTION, 5.19.
06:04 - IF THOSE APPLICATIONS EXIST THE
06:06 - BORDER CAN TONIGHT
06:08 - THAT LETTER SOMEONE HAS TO
06:10 - CHARACTER IS THE WRONG QUESTION
06:13 - BY DEFINITION. THE
06:15 - ONLY WORK THE REQUIREMENT DOES
06:19 - IS
06:20 - SCREENING APPLICANTS FOR THAT
06:22 - IRRELEVANT CONDUCT DOES NOT
06:24 - COVER BY SECTION 5.19
06:27 - IN KOREA. IT WON'T SHARE HER
06:31 - CELLS TESTIFY. GIVEN THOSE
06:34 - OTHER WAS SHE COULD NOT SAY.
06:38 - HOW THE GOOD CHARACTER
06:39 - REQUIREMENT PROTECTS THE
06:41 - PUBLIC. WHAT WE DO KNOW, IS IT
06:44 - THE REQUIRE ME.
06:46 - SPAWNS IN THE SUN SCREENING
06:49 - PROCESS IT SCRUTINIZES
06:51 - APPLICANTS. HE'S NOT
06:53 - ON WHETHER THEY WILL BE
06:55 - DANGEROUS COSMETOLOGY IS BUT ON
06:58 - WHETHER THEY'RE
06:58 - GOOD PEOPLE. WHAT HAPPENED TO
07:01 - MY CLIENT MISS THE LANE IS A
07:04 - PERFECT EXAMPLE, THE HEARING
07:06 - EXAMINER RECOMMENDED DENYING
07:08 - HER APPLICATION. NOT BECAUSE.
07:12 - HE CONCLUDED THAT SHE WOULD BE
07:14 - A BAD COSMETOLOGY IS
07:16 - WELL I BECAUSE SHE CAN'T WHO
07:19 - BECAUSE SHE CONCLUDED, BUT SHE
07:21 - WASN'T THE PERSON.
07:24 - TO WAR BUT THE GENERAL THE
07:26 - GENERAL ASSEMBLY BECAUSE IT IS
07:28 - AGAIN THAT IT IS.
07:29 - >>WHAT THE WHAT THE BOARD AND
07:30 - ONE MIGHT BE ISSUE IN THE
07:32 - GENERAL
07:32 - ASSEMBLY THAT.
07:33 - >>THAT WE AS A GOVERNMENT WE
07:36 - HAVE STAYED ARE NOT GOING TO
07:37 - LIE, I MEAN THERE'S A SCHEME
07:39 - FOR LIFE AND CAN CAUSE
07:40 - MYTHOLOGY IS AND THEY
07:41 - HAVE DECIDED THAT WE ARE NOT
07:43 - GOING TO GIVE A PIECE OF PAPER
07:44 - LICENSE TO PROTECT THE
07:46 - PROFESSION, UNLESS THE PERSON
07:47 - ESTABLISHES TO US SO TOO DO THE
07:50 - BOARD SATISFACTION THERE, GOOD
07:51 - MORAL CHARACTER. I COMPLETELY
07:53 - UNDERSTAND YOUR YOUR YOUR
07:54 - ARGUMENT ABOUT WHAT HAPPENED
07:56 - HERE CHOIR AND HOW THEIR
07:57 - CRIMINAL HISTORY WITH
07:58 - YOU IS TO TO SAY THEY DON'T
08:01 - HAVE A GOOD
08:02 - MORAL CHARACTER, BUT ARE YOU
08:04 - REALLY CONTENDING THAT.
08:07 - PEOPLE GOT THAT WE THAT THE
08:09 - STATE SHOULD BE LICENSING
08:11 - PEOPLE TO ENGAGED IN REGULATED
08:13 - ACTIVITY THAT HAVE OR MORAL
08:14 - CHARACTER.
08:17 - >>YOUR HONOR.
08:18 - OUR SAYS BESIDES THE FACT THAT
08:21 - THE REQUIREMENT DOES IT DO ANY
08:23 - WORK.
08:25 - ON TOP OF THE OTHER STATUES
08:27 - IT'S ALSO THE UNDISPUTED
08:29 - RECORD. IN THIS CASE.
08:33 - HAS MUCH HOLIDAY PRESENTS.
08:35 - NO PARTICULAR RISKS.
08:37 - CRIME.
08:38 - >>THE SHARE THAT NO QUESTION
08:40 - MISTER WHERE MY QUESTION IS IT
08:42 - YOUR POSITION THAT THE STATE
08:45 - SHOULD BE LICENSING PEOPLE TO
08:47 - ENGAGE UNREGULATED ACTIVITY
08:50 - THAT HAVE CORE MORAL CHARACTER.
08:53 - >>YOU'RE OUR POSITION IS
08:56 - AS
08:57 - THE SUPREME COURT ESTABLISHED
08:59 - LONG AGO IN JOHN SPENDING HAS
09:01 - ARTICLE ONE SECTION ONE
09:03 - NICE CLEAR.
09:05 - >>LICENSING RESTRICTION NEEDS
09:07 - TO HAVE ANY NEW AND SUBSTANTIAL
09:10 - IN ACTION TO THE ACTIVITY.
09:12 - MY SAYS
09:13 - HERE THE
09:15 - AND ESCAPE HER KIDS SOME COURT
09:17 - AND I ABOUT LIGHTLY DIFFERENT
09:21 - >>IS IT SEEMS TO ME THERE.
09:25 - >>YOU'RE NOT BRINGING A
09:26 - CHALLENGE BASED ON BAY. YOU'RE
09:29 - SAYING GOOD MORAL CHARACTER IN
09:32 - THE KNOT.
09:33 - THEY HAVE A GOOD
09:34 - STANDARD FOR SEVERAL REASONS,
09:37 - INCLUDING YOUR FULL PROTECTION
09:39 - AND DUE PROCESS AND IT MIGHT BE
09:40 - HELPFUL IF YOU GET IN TO SOME
09:42 - OF THOSE ARGUMENTS AS WELL.
09:44 - ARE YOU SAYING GOOD
09:45 - MORAL CHARACTER MAY BE
09:47 - APPROPRIATE IF YOU ARE
09:49 - LIKE SOMETHING. AN INSURANCE
09:51 - AGENT THAT DEALING WITH LOTS
09:53 - AND LOTS
09:53 - OF MONEY ON A DAILY BASIS, BUT
09:56 - NOT FOR SOMEONE WHO IN UNDER
09:58 - THE
10:01 - SOMEBODY ELSE.
10:02 - >>THEY VERY MUCH BIGGER PROBLEM
10:04 - HOLIDAY LICENSE TO AFTER ALL.
10:08 - SO WHY IS YOUR IS YOUR FACIAL
10:10 - CHALLENGE TO THE WORDS.
10:13 - >>OR
10:13 - THE WORD. GOOD MORAL CHARACTER
10:16 - HAS APPLIED TO AN APPLICATION
10:18 - FOR A LIMITED COSMETOLOGY LIFE.
10:22 - >>WE'RE CHALLENGING THE GOOD
10:24 - MORAL CHARACTER REQUIRED OR WE
10:26 - NEEDED COSMETOLOGY LICENSES
10:29 - ONLY. WE'RE NOT SAYING THAT
10:32 - THAT REQUIREMENT COULD NEVER
10:34 - BE CONSTITUTIONAL FOR ANY
10:36 - PROFESSION OF THERE'S A
10:38 - LONG HISTORY OF COURSE
10:40 - RECOGNIZING IT THOSE
10:42 - REQUIREMENTS ARE APPROPRIATE
10:44 - FOR EXAMPLE FOR WIRES.
10:46 - BUT THIS IS NOT A
10:47 - CASE ABOUT IF YOU SHERRY'S WHO
10:50 - HOLD
10:50 - CLIENT FUNDS INTEREST IT'S NOT
10:53 - A CASE ABOUT IN HAS LEARNED WHO
10:56 - WANTS TO BECOME AN ACCOUNTANT
10:58 - OR. DRUG DEALER WHO WANTS TO
11:01 - BECOME
11:01 - A PHARMACIST IS ABOUT PEOPLE
11:04 - WHO WANT TO WORK IN
11:05 - SKIN CARE AND THE AND WE DO
11:07 - WHAT I UNDERSTAND YOUR POINT I
11:10 - JUST WANT YOU TO ANSWER THE
11:11 - QUESTION HOW.
11:12 - >>YOU DON'T KNOW YOUR POSITION
11:14 - YOUR POSITION IS BUSY DAY
11:16 - SHOULD BE LIFE
11:17 - IN THING.
11:18 - >>COSMETOLOGIST OF WITH POOR
11:19 - MORAL CHARACTER.
11:23 - >>DRIER IT SHOULD BE ASKING
11:25 - THAT QUESTION IN THE
11:26 - FIRST PLACE BECAUSE THE
11:27 - UNDISPUTED RECORD IS THE
11:29 - COSMETOLOGY IN CHARACTER DON'T
11:32 - SHARE OF YOU IN
11:34 - SUBSTANTIAL RELATIONSHIP.
11:36 - THE SHARE OF THE BORDER
11:37 - TESTIFIED THAT GIVEN THE
11:39 - BOARD'S OTHER POWERS SHE DOES
11:41 - NOT KNOW THIS REQUIREMENT
11:43 - PROTECT THE PUBLIC.
11:45 - SHE ALSO TESTIFIED
11:46 - FAMILIAR MR. WORKMAN AND THIS
11:48 - WILL BE MY FINAL QUESTION ABOUT
11:49 - THAT ARE YOU FAMILIAR WITH HOW
11:51 - MANY MIGHT THINK GAMES ARE IN
11:53 - THE COMMONWEALTH OF
11:53 - PENNSYLVANIA.
11:55 - >>WHERE THE WEATHER IS A
11:56 - STANDARD FOR GOOD MORAL
11:58 - CHARACTER.
12:00 - >>I KNOW THAT THERE ARE SEVERAL
12:02 - YOUR HONOR.
12:03 - >>AND IN THIS CASE ARE AT
12:05 - CAMPING AGENTS.
12:06 - >>SOCIAL WORKERS
12:07 - REGISTERED NURSES THE SCHOOL
12:09 - DISTRICT SUPERINTENDENT
12:10 - OSTEOPATH THE DIET DRUGS.
12:13 - RESELLERS OF A CONCERT TICKET.
12:16 - TAXI CAB OPERATORS BILLBOARD
12:18 - ROOM BILLIARD ROOM OPERATORS
12:20 - NURSING HOME ADMINISTRATORS
12:21 - POULTRY TECHNICIAN. THE AND
12:23 - MEDICAL MARIJUANA GROWERS AND
12:25 - PROCESSORS ATHLETIC INJURED
12:27 - CRANE OPERATORS, THE OLD
12:29 - DIRECTORS BOXING PROMOTERS AND
12:30 - MANAGERS LANDSCAPE ARCHITECT
12:33 - A PROFESSIONAL GEOLOGISTS HAVE
12:35 - TO HAVE GOOD MORAL CHARACTER
12:36 - AND THEN THERE'S LIKE
12:37 - 97 OTHERS. YOU BUT YOU'RE
12:40 - SAYING YOUR POINT IS CAUSING
12:42 - THE TOP OF THE GUYS IN THE
12:44 - COSMETOLOGY IS LIMITED LIFE OF
12:46 - COSMETOLOGY US.
12:48 - >>WE SHOULD REQUIRE THEM TO
12:49 - HAVE GOOD MORAL CHARACTER THAT
12:50 - YOU HAVE POOR MORAL CHARACTER
12:52 - BUT STILL BE LIFE.
12:54 - >>OR THEY COULD JUST SIMPLY
12:56 - NOT HAVE GOOD MORAL CHARACTER
12:58 - DOESN'T MEAN BEING BAY BLACK
13:00 - BOOK MORAL CHARACTER NOT
13:02 - NECESSARILY CORE CHARACTER.
13:05 - COULD MEAN THEY DON'T HAVE TO
13:06 - PROVE THAT THEY HAVE THE WORLD
13:07 - CANNOT A
13:09 - >>SENATE OKAY MISS STEWART
13:17 - STUART YOU ALREADY
13:18 - INDICATED THAT YOU'RE NOT
13:20 - SAYING THAT.
13:22 - >>THE BOARD SHOULD BE ABLE TO
13:23 - LOOK BACK AT MAYBE CRIMINAL
13:26 - CONVICTIONS.
13:32 - STEAMS TO ME I UNDERSTAND THE
13:34 - SITUATION. I CAN
13:37 - SEE HERE. HEAD.
13:40 - THEIR POSITION IS
13:42 - HAVE REDEEMED THEMSELVES FROM
13:44 - WHATEVER CRIMINAL ACTIVITY
13:46 - REQUESTS A REHABILITATED
13:48 - AND THEREFORE THEY SHOULD HAVE
13:50 - PUT NARROW MORAL CHARACTER.
13:52 - SO TO ME IT SEEMS THAT YOUR
13:54 - ARGUMENT IS MORE OF THAT THE
13:56 - BOARD ABUSED ITS DISCRETION IN
13:59 - THE WAY THAT IT APPLIED
14:00 - THE STANDARD OR THAT IT WASN'T
14:02 - ON ON ITS FACE AS A SLY NOT ON
14:05 - ITS FACE AS A SLIGHT CHALLENGE
14:07 - CONSTITUTIONALLY TO YOUR
14:09 - PARTICULAR CLIENTS BECAUSE
14:11 - YOU'VE ALREADY ME
14:13 - THAT THE BOARD IS ABLE AND
14:15 - SHOULD BE ABLE TO LOOK AT
14:17 - THEIR HISTORY. THE TROUBLING
14:19 - HERE IS THAT FAIR WHEN THE
14:21 - BOARD IN LOOKING AT THEIR
14:22 - HISTORY THERE. THEY KNOW THAT
14:24 - WELL ALL THE SENSES LOOKED.
14:29 - >>YOUR HONOR WE
14:30 - ARE NOT BRINGING IN AS APPLIED
14:32 - CHALLENGE BECAUSE TO DO THAT MY
14:34 - CLIENTS WOULD HAVE TO REAPPLY
14:37 - AND THEY DON'T WANT TO GO
14:38 - THROUGH THIS IN A SEA OF
14:39 - UNCONSTITUTIONAL PROCESS AGAIN
14:42 - WAS HURT. WHAT'S THE PORTS
14:43 - RESOLD CHALLENGE TO SEE IF YOU
14:45 - SEE THE SPECIALS. IT WAS NOT
14:47 - YOUR HONOR. BUT I DON'T THINK
14:50 - ANYONE ELSE SHOULD HAVE TO
14:51 - EITHER. AND SO THEY'RE
14:52 - CHALLENGING THIS LAW ON ITS
14:54 - FACE EVEN
14:55 - BY POSITION. IF THE BOARD IS
14:57 - ALLOWED TO LOOK AT THEIR
14:59 - CRIMINAL CONVICTIONS THE BOARD
15:01 - TO LOOK AT THEIR CRIMINAL
15:01 - CONVICTIONS AND STILL REACH THE
15:03 - SAME RESULT
15:04 - THAT DOESN'T SEEM TO BE THE
15:05 - PROBLEM THE PROBLEM LIKE I HEAR
15:08 - YOU SAYING EXPRESSING ON BEHALF
15:10 - OF CLIENTS. SHE JUST LIKELY IS
15:12 - A DAY. DID NOT
15:14 - HAVE ALL THAT THEY'VE DONE
15:16 - SINCE SERVICE STATES RECOGNIZE
15:19 - IN OTHER WORDS THEY'VE BEEN
15:20 - REHABILITATED NOW WAS THE WORD
15:22 - AND THAT MEANS THEY ARE MORE
15:24 - CHARACTER THAT IT WAS AN ABUSE
15:26 - OF DISCRETION OR OTHERWISE.
15:30 - CLIENTS PERSONAL CONVICTIONS
15:32 - ARE UNRELATED. I'M SAYING
15:35 - THE BOARD CAN'T LOOK AT IT FROM
15:36 - LADY CONVICTIONS IF THEY
15:38 - CAN ESTABLISH A CONNECTION TO
15:40 - COSMETOLOGY BUT THE WAY TO
15:42 - DO THAT IS TO LOOK IN
15:44 - SAY WILLIS APPLICANTS
15:46 - CONVICTIONS MAKER AND DANGEROUS
15:49 - COSMETOLOGIST NOT IS SHE A
15:52 - GOOD PERSON OH WE'RE
15:53 - NOT CHALLENGING. THIS TEAM FOR
15:57 - ANY OTHER WHY SCENES I
15:58 - UNDERSTAND IT HOPEFULLY
15:59 - TECHNICIANS DO EVENING, DRAWS I
16:02 - DON'T KNOW. IN GET THIS
16:04 - TREE WEATHER.
16:05 - THERE NEEDS TO BE A GOOD MORAL
16:07 - CHARACTER REQUIREMENT OR NOT AS
16:09 - IF THERE ARE
16:09 - PROBLEMS WITH MORAL TURPITUDE
16:12 - CHEER, HOWEVER. HERE IS NO
16:16 - RELATIONSHIP
16:18 - BETWEEN CHARACTER OR
16:19 - CONVICTIONS FOR CRIMES OF MORAL
16:21 - TURPITUDE IN COSMETOLOGY IF I
16:24 - MEAN JUST SUM UP JUST LET IT I
16:27 - WOULD JUST NO FOR THE COURT THE
16:30 - PRINCIPAL ARTICULATED IN JOHN
16:32 - SPENDING IT IS DEEPLY INGRAINED
16:35 - PUBLIC POLICY OF
16:36 - THIS STATE TO AVOID
16:38 - UNREASONABLE RESTRICTIONS ON
16:40 - FORMER OFFENDERS FOR THAT
16:42 - REASON AND OTHERS GUST. THE
16:45 - COURT SHOULD GRANT SUMMARY
16:47 - REALLY IS. THANK YOU.
16:55 - IT PLEASE THE COURT.
16:59 - IN THIS CASE.
17:01 - THEY ARE CLAIMING TO BE HER A
17:04 - FACIAL THE STATUTE.
17:06 - THAT'S NOT WHAT THEY DID IN
17:08 - THEIR PLEADINGS AND THAT'S NOT
17:09 - WHAT THEY'RE DOING HERE.
17:10 - WHAT THEY'RE DOING IS AN AS
17:11 - APPLIED CHALLENGE. SO WHAT WE
17:13 - NEED TO DO IS LOOK AT
17:15 - THE THE STATUTE, THE LANGUAGE
17:17 - OF THE STATUTE. AND.
17:20 - AND WHETHER IT
17:21 - IS FACIALLY THE VIOLENCE.
17:23 - THE CONSTITUTION OF
17:24 - PENNSYLVANIA. EITHER AS.
17:27 - >>AND WHAT ABOUT WHAT
17:28 - ABOUT BE OUR GAME AND THAT THE
17:32 - GOOD CHARACTER REQUIREMENT IS
17:34 - NOT
17:34 - IMPOSED UPON AT LEAST 3 SUMMER
17:37 - WE HAD TO WAIT IN
17:39 - A GROUP OF MAINLY BARBERS ON
17:41 - EMPLOY CASHIER PRACTICE THING.
17:44 - I WENT TO COLLEGE. THEY DO NOT
17:46 - HAVE TO SHOW THE CHARACTER.
17:48 - THE PROGRAM TO TELL ME
17:50 - WHY I'M THEY CAN PREVAIL EQUAL
17:54 - PROTECTION BASEBALL TALENT.
18:01 - >>THERE WHILE THEY ARE.
18:05 - IN THAT THEY DO
18:06 - SIMILAR THINGS THEY'RE NOT
18:08 - IDENTICAL. AND OSMAN TOLD G.
18:13 - IN A STUDE IX DOES NOT
18:15 - THE LIMIT PRACTITIONERS TO
18:17 - JUST.
18:20 - DOING HAIR DIDN'T WE
18:22 - SING AS OPPOSING COUNSEL WOULD
18:24 - HAVE YOU BELIEVE IN HIS
18:25 - BRIEF SAYS WE HAVE HIGH IN THE
18:28 - STANDARD CERTAINLY SITUATED NOT
18:30 - IDENTICAL.
18:32 - >>THEY'RE NOT SIMILARLY
18:33 - SITUATED BECAUSE.
18:37 - GUZMAN TOLD JUST DOCKED BARBERS
18:40 - YOU ONLY NEW SERVICES TO
18:42 - AN INDIVIDUAL'S THEY DIDN'T
18:44 - FACE ONLY IT'S THE
18:45 - ONLY PLACE WHEREAS
18:47 - COSMETOLOGIST DESTITUTION YS
18:49 - ONE OF THEIR.
18:51 - PASSES TO DO REMOVAL OF SUPER
18:53 - FLUIDS HAIR AND THAT'S NOT
18:55 - RESTRICTED TO THE HEAD AND
18:56 - PHASE KUZMA TOLD I WELL.
18:59 - >>THAT RIGHT THERE AND EXPLAIN
19:01 - WHY GOOD MORAL CHARACTER.
19:03 - IT'S NOT NEEDED FOR MARTYRS BUT
19:06 - IS
19:06 - NEEDED FOR THE LIMITED COP AND
19:10 - POLITICS.
19:12 - >>THEY WOULD ARGUE YOUR
19:13 - HONOR THAT THE AND I I I AGREE
19:16 - WITH YOU THAT THEY DON'T DO
19:17 - RIGHT NOW NICOLE.
19:19 - >>PERFORM
19:19 - IDENTICAL SERVICES BY SAYING
19:22 - THE LEGISLATURE CAN JUST
19:24 - SORT OF WHOLE GOOD MARK MORAL
19:26 - CHARACTER OUT OF A HAT WHEN IT
19:27 - FEELS LIKE THAT.
19:29 - >>NEW WHAT WE'RE SEEING IS THE
19:30 - GENERAL ASSEMBLY.
19:33 - >>IS CAPABLE OF MAKING THIS
19:34 - DISTINCTION BETWEEN THE 2
19:36 - PROFESSIONS THEY'RE DIFFERENT.
19:37 - THEY DO DIFFERENT THINGS
20:05 - >>WE
20:05 - TITIAN SALON IS OFTEN
20:07 - A SPA WHERE PEOPLE GO AND HAVE
20:11 - SKIN CARE FREEMAN'S
20:13 - AND WAXING FREEMAN'S ALL OVER
20:16 - THEIR BODY AND SO THEY ARE IN
20:18 - THE STATE OF DISROBING AND THEY
20:20 - HAVE TO ENTRUST THEIR PERSONAL
20:21 - PROPERTY TO BE SAFEGUARDED BY
20:23 - THE LICENSEE.
20:25 - >>HOW ABOUT THE EMPLOYEES AT
20:26 - THE SALON BUT DON'T HAVE ANY
20:28 - REQUIREMENT. OR A
20:30 - MORAL STANDARD AND THEY'RE ALL
20:32 - STILL IN THE SAME ENVIRONS.
20:36 - >>YES, GOOD THEY'RE NOT
20:37 - PROVIDING THESE VERY
20:38 - DELICATE SERVICES. WHERE
20:40 - THEY'RE REMOVING SUPER FLOWS
20:42 - HEAR FROM
20:42 - PEOPLE IS. BODIES ALL OVER
20:45 - THEIR BODIES, HOW DOES A GREAT
20:47 - JOB PROTECTION OF THE MEAN
20:49 - THOSE OTHER SALON EMPLOYEES ARE
20:50 - JUST AS MUCH ACCESS TO THE
20:52 - CLIENT.
20:53 - >>AS THE COM COM COLLEGES.
20:56 - I WOULD ARGUE THAT THEY DON'T
20:58 - LET US SHOW YOU WHO SHAMPOO IS.
21:03 - ONLY HAS THE PERSON IN THE
21:04 - CHAIR TO SHAMPOO THERE HE
21:06 - REALLY DON'T HAVE THEM IN ANY
21:07 - CONDITION OF BEING DISROBED.
21:10 - FOR THE PURPOSES OF DOING.
21:14 - REMOVAL OF SUPER
21:14 - FLU SCARE.
21:16 - >>YOU KNOW IF YOU'RE OUTSIDE
21:18 - JUST LIKE EVERY ISSUE.
21:21 - >>REALLY ON THE.
21:25 - THE TOSS ABILITY OF
21:27 - OF 8 SOMETHING THAT CAN HAPPEN
21:29 - TO
21:29 - THE FIRST PERSON THEMSELVES
21:31 - SUPPLY OF THE PERSON.
21:34 - BECAUSE THEY'RE IN AN ISOLATED
21:35 - AREA AS OPPOSED TO BEING IN A
21:38 - PART OF
21:38 - THE PUBLIC. SO I'M WE'RE OTHER
21:41 - SERVICES ARE PERFORMED BY CARS.
21:45 - HAIR
21:45 - STYLIST IS BECAUSE IF YOU JUST
21:47 - SAY IT'S.
21:50 - AND I'M NOT TRYING TO
21:51 - UNDERSTAND WHAT IT IS REALLY IS
21:53 - THE DELINEATION AS
21:55 - OPPOSED TO SOMEBODYS PROPERTY
21:57 - BECAUSE BE
21:58 - EXPOSED TO WHAT THEIR PURSES OR
22:01 - WHATEVER BACK IN ANOTHER ROOM
22:02 - WHEN THEY GO TO GET IT DONE SO
22:04 - THEY'RE ALL KEEP THE NEXT STEP
22:06 - IS IT THE PUCK
22:07 - POTENTIAL FOR SOME OF USE OR
22:10 - SOMETHING AGAINST THE PERSON AS
22:12 - OPPOSED TO THEIR PROPERTY.
22:15 - IT'S REALLY HARD TO FOLLOW HOW
22:17 - YOU MAKE IT STAGE.
22:20 - >>IT'S REALLY BOTH YOUR OWN OR
22:22 - I MEAN
22:22 - YOU OFTEN IN GOING INTO A
22:25 - COSMETOLOGY SALON YOU HAND OVER
22:28 - YOUR PERSONAL PROPERTY TO TO BE
22:30 - INTERESTED IN THEM WHILE YOU'RE
22:31 - GOING IN GETTING VARIOUS
22:32 - SERVICES AT DIFFERENT STATIONS.
22:39 - IN A
22:39 - SEPARATE AREA SEPARATED BY OUR
22:42 - OWN WALLS AND DOORS
22:43 - TO HAVE THESE VERY PRIVATE
22:46 - SERVICES.
22:48 - INDUCTED.
22:49 - >>YEAH, WHO'S IN AND THEY DON'T
22:51 - EVEN HAVE ANY PERSONAL GEAR
22:53 - WITH THEM, THEY LEAVE THEIR
22:55 - POCKETBOOK AND ALL THEIR
22:56 - PERSONAL BELONGINGS IN THE CAR.
22:58 - THEY'RE ONLY WALKING IN WITH
22:59 - WITH THEIR PURSE. IT'S
23:01 - NOT JUST. IN THIS CASE WERE
23:04 - THIS IS A FACIAL CHALLENGE AND
23:06 - THEY HAVE TO DEMONSTRATE THAT
23:07 - THERE'S NO SET OF CIRCUMSTANCES
23:08 - WHERE THE STATUTE WOULD NOT BE.
23:10 - >>CONSTITUTIONAL.
23:14 - SO IT'S IT'S NOT JUST THEIR
23:16 - BELONGINGS. IT
23:16 - IS THERE. THEY'RE PERSON THEY
23:18 - COULD BE THEY COULD BE
23:19 - ASSAULTED THEY COULD BE
23:21 - SEXUALLY ASSAULTED THAT THE
23:24 - BOARD HAS THE ARGUMENT IS THAT
23:26 - THE GENERAL ASSEMBLY HAS MADE
23:27 - A DETERMINATION.
23:28 - >>I HEAR ANYTHING I MEAN
23:31 - ANYTHING CAN HAPPEN THE FACT OF
23:33 - THE MATTER IS I FIRST OF ALL I
23:35 - HAVE A.
23:38 - >>WHO MIGHT BE LIFE AND YOU
23:40 - MENTIONED
23:40 - THAT IS BUT THE KILLER
23:42 - PETITIONER WOULD BE WORKING ON
23:44 - A SALON DOING.
23:47 - JUST GREAT HAIR REMOVAL FROM
23:49 - DIFFERENT PARTS OF THE BODY.
23:51 - AND IN THAT DOES THE SHOW ON
23:53 - OPERATOR HAVE TO BE LIKE THEM.
23:55 - I MEAN THEY'VE LIMITED
23:56 - LICENSEES CAN OPERATE OUT OF
23:59 - THEIR HOME CAN THEY.
24:02 - >>THEY THEY CAN HAVE A SALON
24:04 - IN THEIR HOME IF IT MEETS THE
24:06 - REQUIREMENTS OF HAVING A SALON
24:08 - THEY CAN OPEN THEIR OWN
24:09 - ESTHETICIAN SALON WE HAVE
24:11 - HUNDREDS 100'S OF RESTITUTION.
24:13 - SO IN MY LIFETIME. YES, WE'LL
24:15 - ELIMINATE LICENSE. THEY CAN BE
24:16 - SO
24:17 - PRACTITIONERS OPERATING AN
24:19 - AESTHETICIAN SALON OR SPA OFTEN
24:21 - THEY'RE COLD DAY SPAS WHERE
24:23 - PEOPLE GO TO
24:26 - >>AND GENERALLY OF BAA OWNER.
24:28 - WELL ALSO BE LIVE FROM THAT NOT
24:31 - CORRECT THE BOBBY AND
24:33 - TO SHUN.
24:34 - >>THE THE FACILITY IS GIVEN A
24:37 - LICENSE, YES, IT'S A
24:38 - FACILITY LICENSES AND THAT'S
24:40 - JUST THE GOVERNMENT IS STILL A
24:41 - TEAM NEEDS THE KNOW IF THEY
24:43 - SWEAR
24:43 - WORDS F.
24:44 - >>MISSION THAT OPEN UP A WHOLE
24:46 - ON IN YOUR HOUSE THAT WOULD
24:47 - HAVE TO BE LICENSED.
24:51 - >>THAT THE SEX WAS A SALON WITH
24:53 - THE LICENSE. YES.
25:00 - THIS IS A FACIAL CHALLENGE NOT
25:02 - AN AS APPLIED CHALLENGE.
25:03 - AND SO THEY HAVE TO PRESENT.
25:07 - THEY HAVE TO PROVIDE EVIDENCE
25:09 - THAT THERE'S NO SET OF
25:10 - CIRCUMSTANCES IN WHICH MS.
25:12 - THE REQUIREMENT OF GOOD MORAL
25:14 - CHARACTER CAN BE APPLIED
25:15 - CONSTITUTIONALLY.
25:19 - THE PETITIONERS WOULD HAVE THE
25:20 - BOARD LICENSES TO INDIVIDUALS
25:24 - WHO CAN. WE ARE
25:26 - COMMITTED ACTS THAT INDICATE.
25:28 - >>WELL HE'S IN THE COUNCIL.
25:30 - US I THINK.
25:32 - COUNCIL FOR THE PETITIONERS
25:34 - RAISED THE ISSUE OF SECTION
25:36 - 5.19 COULD YOU EXPLAIN WHY THAT
25:41 - WOULD NOT PROVIDE SUFFICIENT
25:43 - ACTION.
25:45 - >>WELL BECAUSE 5.19 HAS TO DO
25:47 - WITH UNETHICAL.
25:50 - PRACTICES AND THAT'S BEEN
25:51 - INTERPRETED
25:52 - AS MEANING THE PRACTICE IN IN
25:55 - THE CAUSE OF THE PROFESSION OF
25:56 - COSMETOLOGY.
25:58 - >>WELL NOW WITH THIS.
26:00 - >>WE'RE LOOKING NOW AT THE
26:01 - REQUIREMENTS THAT SOMEONE NEEDS
26:03 - TO UNDERGO.
26:04 - >>FOR A BIG COMMITTED TO TAKE
26:06 - THE EXAM. THE REST WHAT.
26:09 - PROVISIONS ARE THERE
26:11 - THAT WOULD. ARISE
26:14 - FOR EXAMPLE AFTER SOMEONE IS
26:16 - ALREADY A PRACTICING AS THAT
26:18 - NATION WHO MAY.
26:20 - CAN COMMIT SOME SORT OF CRIME
26:22 - IS THEIR INABILITY FOR BOY TOO.
26:27 - REVOKE A LICENSE AT THAT POINT.
26:31 - >>IT DEPENDS ON
26:31 - THE CIRCUMSTANCES OF THE CRIME
26:33 - BUT THERE IS A CRIMINAL HISTORY
26:34 - RECORD INFORMATION ACT WHICH.
26:36 - ALLOWS BOARDS TO CONSIDER
26:38 - CRIMINAL CONDUCT. IN ASSESSING.
26:42 - IN A BYSTANDER SPIDER 19 ALSO
26:44 - PROVIDE THAT SAFE OR AFTER TORY
26:47 - FOUNDATION.
26:50 - >>YEAH, I AM A CRIMINAL HISTORY
26:52 - RECORD INFORMATION ACT YOU
26:54 - COULD RELY ON, BUT I THINK WE
26:55 - DO NOT.
26:57 - >>19 IS FOR UNETHICAL PRACTICES
26:59 - IN THE PRACTICE OF COSMETOLOGY.
27:03 - >>SO I SOMEBODY'S.
27:05 - >>SORRY I DIDN'T OCCURRED IN
27:07 - THE COSMETOLOGY US LAW AND IN A
27:09 - MISSION TO BE REQUIRED TO PROVE
27:11 - THAT A CRIME OCCURRED IN THE
27:13 - COSMETOLOGY SALON IF A CRIME OF
27:15 - MORAL TURPITUDE REFLECTS ON A
27:17 - PERSON'S GOOD MORAL CHARACTER.
27:19 - THE BOARD PRESIDENT.
27:22 - >>AN OBLIGATION UNDER THE
27:24 - STATUTE, THE GENERAL ASSEMBLY
27:25 - HAS SAID THIS
27:27 - IS A A SESSION
27:29 - THAT REQUIRES A GOOD MORAL TER
27:31 - OTHER MORAL CHARACTER
27:32 - REQUIREMENT. I IT IS NOT JUST
27:35 - CRIMES IT COULD BE THE
27:37 - APPLICANT WHO LIES ON THEIR
27:39 - APPLICATION THAT IS AN
27:40 - INDICATION THAT THEY LACK GOOD
27:42 - MORAL CHARACTER.
27:43 - >>AND I YEAH, HOW IS THE BOARD
27:45 - THEN APPLY DID
27:47 - CONCERNING INDIVIDUALS THAT
27:49 - HAVE BEEN CONVICTED OF MURDER
27:51 - PROSECUTION DRUGS
27:53 - MISREPRESENTATION.
27:54 - >>I MEAN THE FACT THAT MEANS A
27:56 - WHOLE
27:56 - LIST THE ALLERGENS THAT THE
27:58 - BOARD HAS GRANTED A
28:00 - LICENSE TO WE'RE IN THE VERY
28:02 - ACTIONS. YOU SAYING THAT THE
28:03 - BOARD IT POSED TO GUARD AGAINST
28:06 - THESE INDIVIDUALS HAVE BEEN
28:07 - GRANTED A LICENSE BY THE BOARD.
28:10 - >>ALL.
28:11 - >>THESE ARE NOT THIS IS NOT A
28:13 - COMPLETE BAR, YOUR HONOR IS IS
28:15 - NOT A CRIMES IN THE CASE WERE.
28:18 - IT'S NOT YOU THERE'S NO LIST
28:20 - THAT SAYS THESE CRIMES YOU DO
28:22 - NOT EVER GET A LICENSE. WHAT
28:24 - HAPPENS IS THE BOARD. THOSE AN
28:25 - ASSESSMENT OF THE INDIVIDUALS.
28:29 - CHARACTER AT THE TIME OF MAKING
28:31 - APPLICATION AND SO THEY LOOK TO
28:33 - THESE THINGS AS INDICATORS THAT
28:35 - THEY MAY NOT BE OF GOOD MORAL
28:36 - CHARACTER. BUT THEY OFFER THEM
28:38 - AN OPPORTUNITY TO DEMONSTRATE
28:40 - THAT THEY ARE CHARACTER HAS
28:42 - BEEN REHABILITATED OR THAT THE
28:43 - CRIME WAS COMMITTED, BUT I
28:45 - THINK THAT I THINK THAT'S WHAT.
28:46 - >>WHAT BRINGS US HERE
28:47 - TODAY IS IS IN A IN A IN AN AD
28:51 - BY CHALLENGE. IT DOESN'T APPEAR
28:54 - AT LEAST ON THE RECORD FOR
28:55 - THESE 2 LICENSEES.
28:59 - THIS IS NOT A HAS APPLIED
29:01 - CHALLENGE BEFORE US IS VISUAL
29:02 - CHALLENGE BUT IT WOULD PUT THE
29:04 - RECORD HAS BEEN CREATED IN THE
29:06 - CONTEXT OF THIS CHALLENGE
29:08 - THAT ACT THE
29:09 - BOARD LOOKED AT THE CHARACTER
29:11 - OF THESE WOMEN AT THE TIME OF
29:13 - THEIR APPLICATION. THAT THE
29:15 - BOARD IS LOOKING
29:17 - ISOLATED LEE. AFTER
29:19 - CRIMINAL HISTORY WITHOUT
29:21 - CONSIDERING THE CHARACTER OF
29:22 - THE WOMEN STANDING IN FRONT OF
29:23 - THEM AT THE TIME
29:24 - OF APPLICATION AND THAT I THINK
29:27 - HOW THE BOARD IS FINDING
29:28 - HIMSELF. IN THE OTHER END OF
29:30 - THIS LAWSUIT TODAY IS A CONCERN
29:32 - BACK THE BOARD IS IMPLYING GOOD
29:34 - MORAL CHARACTER TO BAR PEOPLE
29:36 - SIMPLY BECAUSE I AM THEY HAVE A
29:38 - CRIMINAL HISTORY. AS OPPOSED TO
29:41 - EVALUATING THEM. WHAT
29:42 - ARE THEY DONE THEIR TIME THAT
29:44 - THE RESPONSIBILITY FOR THE
29:46 - CRIMINAL ACTIVITY
29:47 - MOVED ON. I'M IN
29:48 - TODAY ARE PEOPLE THAT ARE
29:50 - WORTHY OF THE STATE OF VERMONT
29:53 - OR
29:53 - TO ENGAGE IN A PROFESSION THAT
29:57 - THE LEGISLATURE'S THINGS THAT
29:59 - REQUIRE A LICENSE FOR
30:01 - THAT THAT IS WHY YOU'RE HERE SO
30:03 - TO SAY THAT THE BOARD.
30:06 - IT CONSIDERS
30:06 - THE REHABILITATION. IT I'M NOT
30:09 - SURE THAT I'M NOT SURE IF THAT
30:10 - WAS TRUE THAT WOULD BE HERE
30:11 - TODAY.
30:17 - >>THE BOARD
30:17 - DOES CONSIDER THE IT CONSIDERS
30:21 - HOW ALL OF THE CRIMES WERE IT
30:22 - CONSIDERS HOW WHAT WHAT THE
30:25 - SPECIFIC CIRCUMSTANCES OF THE
30:26 - CRIME WERE HOW ALL OF THE
30:27 - INDIVIDUAL WAS A PERMIT.
30:29 - MANY OF THE CRIME IS A LOT OF
30:30 - FACTORS THAT THE BOARD TO
30:32 - CONSIDER AND THE FACT THAT.
30:35 - >>IN THESE 4 TO 5 INITIAL
30:37 - INQUIRY FOR FIRST TIME WHAT CAN
30:40 - IT LIMITED IS IT NOT THROUGH
30:42 - THE CRIMINAL RECORD.
30:46 - >>ALL NOT
30:47 - NECESSARILY OR OWNER HAS EVER
30:49 - SAID IT COULD BE YOU DON'T ASK
30:50 - QUESTIONS ABOUT YOU KNOW YOU
30:53 - MAKE YOUR BED EVERY DAY.
30:55 - DO YOU A HAND.
30:57 - >>THE CHURCH OR TEMPLE OR
30:59 - MOSCOW, YOUR CHOICE YOU DON'T.
31:03 - LOOK AT
31:03 - CHARITABLE ACTIVITY. YOU KNOW
31:06 - DO ANY OF THE
31:08 - INQUIRIES THAT TYPICALLY WE
31:10 - ASSOCIATE WITH GOOD MORAL
31:12 - CHARACTER.
31:14 - WHAT I WOULD AGREE MAYBE I'M
31:15 - WRONG. WHAT INQUIRY IS ON THE
31:17 - APPLICATION.
31:19 - >>THAT IS THE OTHER CRIMINAL
31:21 - HISTORY.
31:22 - >>THE APPLICANTS ARE ASKED IF
31:24 - THEY HAVE LICENSES IN OTHER
31:25 - STATES WHO HAVE BEEN
31:26 - DISCIPLINED FOR ANY REASON.
31:33 - THEY'RE THEY'RE REQUIRED TO
31:35 - PROVIDE A CRIMINAL HISTORY
31:36 - RECORD INFORMATION CHECK.
31:40 - NO THE CRIMINAL HISTORY RECORD
31:42 - INFORMATION CHECK PROVIDES SOME
31:44 - EVIDENCE OF.
31:46 - IF IT IS A CRIME OF MORAL
31:47 - TURPITUDE THERE ARE PLENTY OF
31:49 - CRIMES THAT ARE NOT AS MORE OF
31:50 - HER IN THEIR CRIMES THAT MOORE
31:52 - IS NOT
31:53 - CONCERNED ABOUT ME LOOK AT THE
31:54 - CRIME AND ITS RELATION TO THE
31:55 - PRACTICE
31:56 - OF COSMETOLOGY AND THE THE
31:58 - POSITION THAT THEIR CLIENTS ARE
31:59 - GOING TO BE IN IN SALON THE
32:01 - ACTUAL SET OF CIRCUMSTANCES AND
32:03 - UNDER WHICH THEY PRACTICES.
32:06 - SO THAT'S WHY YOU SEE THESE
32:07 - CASES ARE ARE OFTEN LEFT
32:09 - OFFENSES, PROSTITUTION INS AND
32:12 - SEX CRIMES THIS THOSE ARE THE
32:14 - TYPES OF CRIMES
32:15 - THAT.
32:16 - >>THOSE TEAR THOUGH.
32:21 - HERE THEY WERE THEFT OFFENSES.
32:26 - >>THEY'RE MAKING A GUNNERY
32:27 - BUT BUT THE THE PROCESS OF I
32:29 - UNDERSTAND THE PROCESS THOUGH
32:30 - THAT'S JUST THE APPLICATION,
32:31 - YOU SCREEN THE APPLICATION.
32:33 - THEY HAVE THE BURDEN THE
32:35 - APPLICANT ALWAYS HAS THE BURDEN
32:37 - AND YOU GAVE THESE TO
32:38 - APPLICANTS AN OPPORTUNITY TO
32:39 - COME TO A HEARING TO ESTABLISH
32:40 - THEIR GOOD MORAL CHARACTER AND
32:42 - THEY CAME
32:42 - TO HEARINGS AND THEY PUT ON
32:44 - EVIDENCE ABOUT THEIR GOOD MORAL
32:45 - CHARACTER TESTIMONY ABOUT THE
32:47 - REHABILITATION TESTIMONY ABOUT
32:49 - HOW THEY ARE IN THE COMMUNITY
32:50 - ALL THIS STUFF YOU STILL DENY
32:52 - THEM LICENSES
32:54 - IT THAT THAT THE HEAD SCRATCHER
32:56 - FOR ME YOU KNOW, I'M
32:58 - I I THINK IF WE WERE ON AN
33:00 - APPEAL FROM
33:02 - FROM AN AD IMPLIED CHALLENGES
33:04 - OF A FACIAL CHALLENGE THE
33:05 - STATUTORY LANGUAGE. I THINK
33:07 - THESE PEOPLE APPLICANTS WE HAVE
33:08 - A VERY
33:09 - GOOD CASE. I'M A I'M I'M JUST
33:12 - NOT GOING TO DECIDE THIS AD
33:13 - IMPLIED LANGUAGE IN ENDED, BUT
33:16 - I AM
33:16 - VERY CONCERNED THAT THAT THAT
33:18 - THE THAT THE BOARD WILL BE
33:20 - SHOWN ON THE RECORD STRAIGHT IN
33:21 - THIS CASE IS PROBABLY MORE THAN
33:23 - YOU NEED TO CREATE AN AS
33:24 - APPLIED CHALLENGE. A FACIAL
33:27 - CHALLENGE THAT THE BOARD IS ALL
33:29 - OVER THE PLACE.
33:30 - WHEN IT COMES TO THESE GOOD
33:31 - MORAL CHARACTER IS GOOD MORAL
33:32 - CHARACTER LANGUAGE.
33:34 - THEY PRESENTED WHAT I
33:35 - UNDERSTAND TO BE A PRETTY
33:36 - ROBUST CASE IN FRONT OF THE
33:37 - BOARD ABOUT THE QUALITY OF THE
33:38 - WOMEN THAT THEY
33:39 - ARE TODAY AND THE BOARD STILL
33:41 - DENIED THEM A LICENSE AND THEY
33:42 - ALSO HAVE SOME EVIDENCE THAT
33:43 - SHOWED YOU GAVE LICENSE THAT
33:45 - THE
33:45 - PEOPLE THAT MAYBE HAD WORSE
33:47 - RECORDS, MAYBE THESE WOMEN
33:48 - HAVE.
33:52 - >>LAWYER
33:53 - ONLY ONE OF THE 2 PETITIONERS
33:54 - IN THIS CASE ACTUALLY TOOK A
33:56 - HEARING BEFORE THE BOARD.
33:57 - THE THE OTHER
34:00 - RECEIVED A PROVISIONAL DENIAL
34:02 - IT WAS OFFERED A HEARING BUT
34:04 - DID NOT TAKE ADVANTAGE
34:05 - OF IT THOUGH SHE DID NOT
34:07 - PRESENT EVIDENCE OF HER
34:08 - REHABILITATION OR COULD MORE
34:09 - OVER BIT MORE CHARACTER.
34:11 - ONLY ONE OF THEM DID. AND THE
34:13 - ONE THAT DID HAD.
34:16 - MULTIPLE ROBBERY AND THEFT
34:18 - OFFENSES, BURGLARY RECEIVING
34:21 - STOLEN PROPERTY OVER A COURSE
34:22 - OF YEARS IN OR.
34:26 - GAVE HER AN OPPORTUNITY TO
34:27 - DEMONSTRATE THAT HER MORAL
34:29 - CHARACTER HAD BEEN
34:30 - REHABILITATED IN THE IN THIS
34:32 - CASE THEY DIDN'T FIND THAT SHE
34:33 - HAD BEEN REHABILITATED
34:35 - BUT THAT AS YOU SAY ISN'T AS
34:37 - APPLIED CHALLENGE. THE DISH
34:39 - YEARS YOU'RE CHALLENGING THIS
34:40 - LANGUAGE RIGHT NOW AS.
34:43 - FACIALLY UNCONSTITUTIONAL.
34:47 - ON HIS FACE IN THE IN.
34:50 - STATUES OF THE GENERAL ASSEMBLY
34:52 - ENJOY A PRESUMPTION OF
34:54 - CONSTITUTIONALITY AND THEY HAVE
34:55 - A PRETTY HEAVY BURDEN
34:57 - TO LOVE TO OVERCOME THAT
34:59 - PRESUMPTION THEY HAVE TO
35:00 - DEMONSTRATE.
35:01 - THERE'S NO SET OF CIRCUMSTANCES
35:03 - UNDER WHICH THE GOOD MORAL
35:04 - CHARACTER PROVISION
35:06 - IS SUBSTANTIALLY RELATED TO A
35:08 - LEGITIMATE STATE INTEREST AND
35:10 - THE LEGITIMATE STATE INTEREST
35:11 - HERE IS PROTECTING THE PUBLIC
35:13 - HEALTH AND SAFETY OF PATRONS
35:14 - THAT GOING TO COSMETOLOGY AND
35:17 - RESTITUTION SALONS
35:18 - AND SPAS AND ARE SEPARATED FROM
35:21 - THEIR PERSONAL PROPERTY HAVE TO
35:23 - INTEREST THAT WITH WITH
35:25 - THE LICENSEES THEY DON'T
35:27 - INTERESTING WITH THE CASHIER
35:28 - THEY DON'T INTEREST UP WITH.
35:30 - THE CASHIER IN THE SHAMPOO
35:32 - WORLD ARE EMPLOYEES OF THE
35:34 - SALON.
35:37 - LICENSEES
35:38 - HAVE THE ABILITY HAVE THE RIGHT
35:39 - TO OPEN THEIR OWN SALON IN
35:41 - OPERATING.
35:43 - IS THIS THE SORT OF INSTITUTION
35:45 - IS LIKE CARS AND TONY SLOAN.
35:49 - DID YOUR EARS ARE SAYING THAT
35:50 - THE STATUE IS
35:53 - THE SURELY UNCONSTITUTIONAL AND
35:55 - THEY JUST HAVE NOT.
35:57 - CARRY THE DAY THEY HAVE NOT
35:59 - DEMONSTRATED THAT.
36:04 - >>WILL HEAR
36:05 - NOW FROM MR. WHARTON
36:07 - RESERVED TIME WE'RE ABOUT.
36:09 - >>MISTER WARD BEFORE EASTER HAS
36:11 - A QUESTION I KNOW YOU.
36:13 - THAT THE BOARD TO KEEP
36:14 - SAYING THEIR STANDARD OF WHAT
36:16 - YOUR REPLIES NEW SET OF
36:17 - CIRCUMSTANCES STANDARD. YOU
36:19 - ALSO REFERENCED TO THE RECENT
36:21 - PENNSYLVANIA SUPREME COURT BODY
36:23 - CASES. I BELIEVE IN THAT CASE
36:25 - THAT IT WAS AN AS APPLIES
36:27 - CHALLENGES. SO
36:30 - YOU WANT US TO USE THE PLAINLY
36:32 - LEGITIMATE SWEEPING STANDARD
36:33 - CORRECT.
36:35 - >>THAT IS
36:35 - STANDARD IT TO SCORE AFTER A
36:38 - LONG ANALYSIS OF THE CASE LAW.
36:41 - HOW IS THE STANDARD IF IT CAN
36:43 - GET IN CHEEK.
36:44 - IN ALL CANDOR YOUR HONOR THE
36:46 - SUPREME COURT HAS GONE BACK AND
36:48 - FORTH AND
36:49 - HE SAYS IT IT DID USE THE NEW
36:51 - SET OF CIRCUMSTANCES TEST IN
36:53 - GERMANTOWN CAN IT ALSO HAS A
36:54 - LONG HISTORY. USING THE
36:57 - SUBSTANTIAL SUM PASSED IN 2005
36:59 - AND ICE IN 2009 IN CLIFTON
37:02 - THE BOARD HAS BEEN SHOWN THAT
37:04 - HE IS EVER GATED BUT WE ARE
37:07 - UNDER EITHER THIS IS A FACIAL
37:09 - CHALLENGE AND THERE IS NO SET
37:12 - THE CIRCUMSTANCES WHERE THE
37:15 - BOARD SHOULD BE ASKING
37:16 - QUESTIONS ABOUT CHARACTER
37:19 - BECAUSE ALL THAT DOES IS SCREEN
37:21 - FOR RELEVANT CONDUCT. IT'S
37:23 - NOT CAPTURED UNDER SECTION
37:25 - 5.19. IN KOREA. I THINK JUST
37:28 - PRESIDENT JUDGE LEAVITT SAID IS
37:30 - EXACTLY RIGHT. ANYTHING
37:32 - CAN HAPPEN IS NOT GOOD ENOUGH
37:35 - UNDER
37:35 - GAM BONE. THE BOARD HAS HAD AN
37:38 - OPPORTUNITY OPPORTUNITY AFTER
37:40 - OPPORTUNITY IN THIS LITIGATION.
37:43 - TO TALK ABOUT THE PROBLEMS IS
37:45 - SAYING NOW. FOR THE FIRST TIME
37:48 - IN THIS
37:49 - MOTION BRIEFING. IS
37:52 - THAT YOU MAKE A GREAT POLICY
37:53 - ARGUMENT, BUT THAT'S NOT
37:55 - OUR DUTY.
37:56 - >>AND IT DOES APPEAR THAT
37:57 - YOU'RE STRONGER ARGUMENT
37:59 - IS THEY THE VIOLATION OF THE
38:01 - EQUAL PROTECTION CLAUSE AND
38:03 - THAT THESE INDIVIDUALS ARE
38:04 - TREATED TO THEM
38:05 - THEN OTHER INDIVIDUALS THAT
38:07 - THEY WORK CLOSELY WITH OR OR
38:09 - BARBERS.
38:10 - >>THAT'S AN IMPORTANT POINT AS
38:11 - WELL YOUR HONOR.
38:13 - MY FRIEND SAID THE PROFESSIONS
38:15 - ARE EXACTLY THE SAME WHAT
38:17 - CAUSED THAT
38:17 - ALGAE APPLICANTS ARE NOT JUST
38:20 - SUPER EARLY SITUATED WHAT DO I
38:22 - GET TO WORK TO PRACTICE IN CARS
38:24 - AND TALK US INTO PRACTICE IN
38:26 - COSMETOLOGY IS DON'T HAVE A
38:28 - GOOD MORAL CHARACTER REQUIRED
38:30 - IT'S THE SAME KIND
38:31 - GLARING EXCEPTION ALMOST A
38:34 - GRANDFATHER IN CAUSE THAT YOU
38:36 - SAW
38:36 - IN CHEEK. A PRACTICING
38:38 - COSMETOLOGIST CAN COMMIT
38:40 - CRIMES. IT WOULD BORROW
38:42 - LICENSEE BUT THEY THEMSELVES
38:45 - WOULD NOT BE PART BECAUSE HIS
38:47 - CAUSE DOESN'T EXIST.
38:49 - FOR THEM JUST AS IT
38:50 - DOESN'T EXIST FOR BARBERS FOR
38:53 - SHEEN WHO IS UP OTHER PEOPLE
38:55 - WHO WERE DOES BECAUSE THAT HER
38:56 - CAUSE MYTHOLOGY APPRENTICES.
39:03 - >>I'M I'M NOT FAMILIAR WITH
39:05 - THAT.
39:05 - >>THE PARTY'S 38
39:08 - THE 3 PS SECTION 5 10.3.
39:13 - >>WHAT CATEGORY OF LIKE WAS
39:14 - THAT HOLIDAY APPRENTICE.
39:17 - >>STILL YOUR HONOR THAT THERE
39:18 - IS NO REQUIREMENT FOR
39:20 - PRACTICING COSMETOLOGISTS UNDER
39:22 - SECTION 5.10 AND THEY DO
39:25 - IDENTICAL WORKBOOK.
39:26 - >>I GET IT I GET IT THE GENERAL
39:28 - ASSEMBLY PUT IT DOWN FOR SOME
39:29 - AND THEY DIDN'T PUT IT DOWN FOR
39:30 - OTHERS, I MEAN I I CAN'T
39:33 - EXPLAIN WHY THEY DIDN'T BUT BUT
39:35 - BUT UNDER THAT THEORY
39:37 - THAT WOULD INCLUDE EVERY TIME
39:39 - THE GENERAL ASSEMBLY LIKE IT IS
39:40 - A SIMILAR. THE SUIT ACCUSES OF
39:43 - A MATTER OF POLICY TO LIFE IN A
39:45 - SIMILAR ACTIVITY OR INDUSTRY.
39:49 - THEY HAVE TO HAVE IDENTICAL
39:50 - STANDARDS IF THEY DON'T HAVE
39:51 - IDENTICAL STANDARDS AND LEGAL
39:53 - PROTECTION PROBLEM.
39:54 - >>NO YOUR HONOR ALL THERE NEEDS
39:56 - TO BE IS A
39:57 - RATIONAL REASON TO DISTINGUISH
39:59 - AMONG THOSE OCCUPATIONS WITH
40:01 - RESPECT TO THE BIRD OR EXCUSE
40:05 - ME WITH RESPECT TO THE
40:07 - RESTRICTION OF THE CLAM.
40:09 - YEAH
40:09 - AND HERE.
40:10 - >>THAT THERE WAS ORDER COULD
40:12 - YOU EXPLAIN AGAIN WHY THERE ARE
40:13 - NO SET OF CIRCUMSTANCES WHERE A
40:17 - GOOD MORAL CHARACTER IS.
40:19 - >>AND B.
40:21 - >>A BOMB OR.
40:23 - >>WHY THAT STANDARDS NO KIND OF
40:25 - CIRCUMSTANCES WHERE THAT SORT.
40:28 - PAST COME. I HAD TO SHOW HIM
40:30 - MY SISTER.
40:31 - >>IT'S BECAUSE THERE'S ANOTHER
40:33 - INQUIRY MAINLY ON THE FOOTBALL
40:35 - PRACTICE.
40:40 - >>IT'S IT'S BOTH YOUR HONOR THE
40:41 - GAMBLING TEST HAS 2 HANDS THE
40:44 - UNDISPUTED RECORD HERE
40:46 - IS NEW THERE IS NO REAL AND
40:48 - SUBSTANTIAL RELATIONSHIP.
40:51 - SO THE GENERAL ASSEMBLY COULD
40:52 - PASS A LAW THAT IF LEFT HANDED
40:55 - PEOPLE FROM BEING COSMETOLOGY
40:56 - IS THAT MIGHT CONCEIVABLY HASH
41:00 - OF AND COSMETOLOGY AND THAT
41:02 - SORT
41:02 - OF TRACK. BUT IT WOULDN'T MAKE
41:04 - THE
41:04 - CRITERION RATIONAL ON ITS FACE
41:08 - THE HEIGHT OF THIS
41:09 - ARTICLE CIRCUMSTANCES WE MIGHT
41:11 - CATCH AND COSMETOLOGISTS THERE
41:14 - ARE OTHER LAWS IT DO IT.
41:16 - SO THIS REQUIREMENT IS ASKING
41:19 - THE
41:19 - WRONG QUESTION. IT'S DONE IT'S
41:22 - UNNECESSARY OR
41:23 - UNDULY OPPRESSIVE HADLEY BEYOND
41:25 - THE NECESSITIES OF THE CASE TO
41:27 - OTHER GAMBLE QUESTION.
41:28 - THE BOARD IS TRYING TO PROTECT
41:30 - THE PUBLIC
41:31 - AND THE RATIONAL WAY TO DO THAT
41:34 - IS TO HOLD A HEARING ON WHETHER
41:36 - AN APPLICANT THE SENSE OF RISK
41:38 - TO THE PUBLIC. THAT'S NOT WHAT
41:40 - IT DOES IT HOLDS HEARINGS ON
41:42 - WHETHER THEY'RE GOOD PEOPLE
41:44 - THAT IS IT NOT A
41:46 - RATIONAL INQUIRY. AND THE COURT
41:49 - SHOULD GRANT SOME REPUBLICANS.
41:55 - >>INTERESTING CASE. WELL TAKE
41:57 - IT UNDER ADVISEMENT.
42:32 - >>THIS IS NUMBER 47.
42:36 - IN RAY COMBINATION OF LAND HIM
42:39 - BOTH TOWNSHIP BUCKS COUNTY.
42:43 - THIS IS THE APPEAL OF THE BANK
42:45 - OF NEW YORK NOW ON.
42:48 - THE FAA HAS ALREADY CONDEMNED
42:51 - RESIDENTIAL PROPERTY WITH A
42:53 - LOUD CHEER WHEN IT WAS REQUIRED
42:55 - TO PAY DROP. I THINK THEY SHUN
42:57 - OF
42:59 - $45,000.
43:00 - >>THOSE MONIES WERE DISTRIBUTED
43:02 - TO VARIOUS LANE HOLDER
43:04 - INCLUDING BRICKELL TOWN TRIP.
43:05 - THE BIRD BOTH COUNTER STORE
43:07 - DEPARTMENT AND LOVE BANK OF NEW
43:10 - YORK MELLON AND THEN FILE
43:13 - THE PETITION OR
43:14 - THE APPOINTMENT OF A BOARD OF
43:16 - VIEW OR BECAUSE IF ONLY THE
43:17 - COMPENSATION EVERY TABLE HAVE
43:19 - BEEN ADEQUATE. MORGAN SLAIN
43:22 - EXCEEDED $200,000.
43:25 - THE COURT OF COMMON PLEAS
43:26 - DENIED THE PETITION HOLDING
43:28 - THAT THE
43:28 - BANK BLACK BREEZE AND THE
43:31 - SECTION TRUE OF THE EMINENT
43:34 - DOMAIN CODE AUTHORIZES ONLY A
43:36 - CALM THEM NOR
43:38 - THEM NEED OR DEATH BY HER SON
43:41 - FILE A PETITION OR THE
43:43 - APPOINTMENT OF
43:44 - PEOPLE ARE THEY'RE THE OWNERS
43:46 - OF THE PROPERTY TO CALM THEM ME
43:49 - DID NOT OBJECT THE AMOUNT OF
43:51 - COMPENSATION.
43:53 - ON APPEAL. THE BANK ARGUES THAT
43:54 - UNDER THE TERMS OF IT. THE
43:57 - AGREEMENT WITH THE MORTGAGE OR
43:59 - EVERYTHING I FIND THEM.
44:01 - >>I THINK THAT THE BANK.
44:04 - >>HAVE
44:04 - BECOME THEM NEED ABILITY TO
44:07 - REQUEST OR THE OTHER REITMAN UP
44:09 - A BOARD
44:09 - YOU ARE THE MARTIN COUNTY
44:11 - REDEVELOPMENT AUTHORITY JUST
44:13 - AGREE AND ARGUES THAT ANY OF
44:15 - TIME ANOTHER ON THEM NEED RIGHT
44:17 - UNDER THE EMINENT GERMAN DOMAIN
44:19 - CODE
44:20 - IS VOID, BECAUSE IT DIRECTLY
44:22 - COMPLEX WITH THE STATUE TO
44:24 - SELL.
44:27 - AND WHAT ABOUT WE WILL CALL THE
44:29 - PERSON CASE.
44:34 - AGAIN THAT'S BEEN DRAWN
44:37 - US EACH SIDE HAS A 15 MINUTE
44:39 - OR ARGUMENT THAT SURROUND YOU
44:41 - MAY REPAIR SOME OF YOUR TIME OR
44:45 - WE'RE ABOUT ALL.
44:46 - >>I READ NO REVIVAL FOR THE
44:47 - REDEVELOPMENT OF COURT.
44:50 - >>THANK YOU PAULA JAI SUPORT
44:52 - FOR THAT MAY PLEASE THE COURT
44:54 - AGAIN MY NAME IS DAVID ON THE
44:55 - RAW DOUGH AND I REPRESENT THE
44:57 - BANK. IN THIS MATTER.
45:01 - BASED ON THE SUMMARY THAT WAS
45:03 - GIVEN WE DON'T.
45:05 - I GET TO THE HEART PART OF THE
45:07 - MATTER HERE FIRST THE WALL.
45:10 - WE THINK IT'S CLEAR
45:12 - THAT THE MORTGAGE STAR DOCUMENT
45:14 - DOES NOT PROVIDE. ASSIGNMENT.
45:20 - THERE IS VERY GENERAL LANGUAGES
45:22 - THEN THE MORTGAGE.
45:24 - THE DOCUMENT TO THAT EFFECT
45:27 - IT DOESN'T. STATE THE WORD
45:29 - OF SIMON. AND IT DOESN'T SAY
45:33 - THAT MISSION FOREST RANGERS
45:35 - COMPENSATION. BUT.
45:37 - APPARENTLY A MIND OF THE
45:39 - MORTGAGE DOCUMENT.
45:40 - >>THE SURGICALLY SAYS THAT
45:42 - THERE'S A LEGAL PROCEEDING THAT
45:44 - BY SIMPLY AFFECT THE WINNERS
45:46 - INTEREST PROPERTY. IN THERE IS
45:49 - ON THE PANEL FINDS CERTAIN
45:50 - TYPES OF THE ACTION SUCH AS A
45:53 - CONDEMNATION. BENNETT SAYS THE
45:54 - LENDER MAY DO
45:56 - WORK PAY. WHATEVER IS
45:57 - REASONABLE OR HER BE PROTECTED
46:00 - LENDERS INTER.
46:03 - >>THERE SHE WOKE UP
46:05 - I COUNCIL JUST YES.
46:07 - >>AND I'D LIKE TO HAVE THIS
46:09 - INFORMATION IN MY MIND AS WE GO
46:10 - THROUGH THE ARGUMENT THAT IS
46:12 - ASSUMING THE BANK DOES NOT.
46:16 - THERE'S NOT PARTICIPATE.
46:18 - >>IN THE BOARD OF REVIEW OF
46:19 - CONDEMNATION OR OVER.
46:21 - >>YOU
46:21 - STILL CAN SEEK COMPENSATION OR
46:24 - OR FROM THE THE
46:26 - PROPERTY OWNER. AND YOU YOU CAN
46:28 - BRING IN OTHER ACTION TO GET
46:29 - WHAT
46:29 - YOU THINK YOU DESERVE OR THE
46:31 - YOU KNOW THE PAYOFF OF THE
46:32 - MORTGAGE 8.
46:34 - >>YES AND SO WILL THE BANK.
46:36 - ALL RIGHT, THAT'S ALL THAT
46:37 - SNOW. THANK AIR.
46:38 - THANK YOU. WELL, WHAT DOES THIS
46:41 - CERTAINLY IS AN AVENUE TO
46:42 - PURSUE WITH THE BANK AND
46:45 - I WEAR IN THIS CASE WHERE THE
46:47 - PROPERTY OWNER THAT FAIL TO
46:50 - PROCEED. TO THE PETITION FOR
46:53 - ADDITIONAL COMPENSATION.
46:55 - ESSENTIALLY IS THE BANK WITHOUT
46:56 - A REMEDY. ALTHOUGH IT COULD GO
46:58 - AFTER THEM
46:59 - PROPERTY OWNER. THE PROPERTY
47:02 - FAILED TO PAY HIS MORTGAGE OF
47:03 - THIS IN THIS CASE IT WAS IN
47:05 - FORECLOSURE. AT THE TIME OF THE
47:07 - CONDEMNATION. THOUGH
47:11 - IS IT
47:11 - POSSIBLE OR IS THERE A POSSIBLE
47:13 - REMEDY AGAINST THE PROPERTY
47:15 - OWNER. YES ISN'T LIKELY ENOUGH.
47:17 - AND SO THIS HONOR
47:20 - PROCEDURALLY WAS THERE A
47:22 - PETITION FILED BY THE
47:24 - REDEVELOPMENT AUTHORITY.
47:27 - >>AND WHETHER ANY
47:29 - HEARING WHETHER ANY OPPORTUNITY
47:31 - FOR THE BANK TO INTERVENE.
47:34 - >>THERE WAS NO A PETITION.
47:37 - THERE HAS TO MANAGE US. WHAT
47:39 - THERE WAS WAS UP ADDITIONAL TO
47:41 - THE SORRY THERE WAS NO PAIN.
47:43 - THE PETITION FILED BY ANYONE.
47:46 - TOO TO APPOINT A BOARD
47:48 - OF VIEW. THERE WAS
47:50 - WAS THE THE AUTHORITY TO STUDY
47:52 - ESTIMATED JOBS AND THEY FILED
47:55 - A PETITION, THE RESPECTED THE
47:57 - DISTRIBUTION OF WHAT THEY'VE
47:59 - DETERMINED TO BE THE VALUE OF
48:00 - THE PROPERTY. THERE WAS NO
48:02 - PETITION THAT WAS.
48:03 - >>FIRST.
48:05 - FIRST READING WAS THE PETITION
48:07 - FOR APPROVAL OF THE JET TO FEAR
48:09 - >>THAT'S CORRECT.
48:12 - AND THE BANK DID RECEIVE THE
48:14 - LION SHARE OF THOSE PROCEEDS AS
48:17 - WAS APPROVED BY THE LOWER
48:19 - COURT.
48:20 - THERE WERE SOME OTHER LEAGUE
48:22 - HOLDERS THAT WERE PAINTED THE
48:23 - LION SHARE WITH BATES TOO.
48:25 - THE BANK. THERE IS STILL
48:27 - HOWEVER DEFICIENCY BETWEEN THAT
48:30 - AMOUNT OF WHAT THE ORANGE IS
48:32 - PROPER. THAT'S WHY WE DECIDED
48:34 - TO PROCEED. INSTRUCTOR BUYER
48:36 - POINT TO TRY TO PROCEED ON THE
48:38 - MATTER.
48:40 - >>WHY THE AUTHORITIES COME UP
48:43 - WITH THAT NUMBER IM NOT GOING
48:44 - TO COURT TO GET SOME PROVABLE.
48:47 - >>WELL THEY DID IT BASED UPON
48:48 - AN APPRAISAL THAT THEY WOULD
48:50 - RECEIVE. BUT THE COURT WAS NOT
48:53 - BE ASKED TO DECIDE WHEN THE
48:54 - VALUE OF THE
48:56 - THE VALUE OF THE ESTIMATED JUST
48:58 - THAT'S WHAT I WAS AND WE WERE
49:00 - THE WORK THAT THIS TO HAPPEN IS
49:03 - IS SOME ONCE THE CONTEST.
49:05 - THE ESTIMATE OF JUST
49:06 - COMPENSATION. THE PETITION FOR
49:08 - WOMEN OF A BOARD OF YOU NEED TO
49:10 - FALL TO BEGIN
49:10 - THAT PROCESS.
49:11 - >>THE NEWLY BEFORE AND THAT'S
49:13 - WHAT HAPPENED RIGHT MISTER
49:14 - HONOR OUT OF THE DECLARATION OF
49:16 - TAKING WAS FILED AND THE OWNER
49:20 - DID NOT.
49:20 - WELL WAS SO WHEN THAT HAPPENS.
49:24 - YOU MOVE ON TO THE JUST
49:25 - COMPENSATION SIDE OF THE
49:26 - LEDGER.
49:27 - >>THAT'S CORRECT THE
49:29 - CONDEMNATION WAS VERY ASTUTE
49:31 - THE PROCESS ITSELF. BUT
49:33 - THANK YOU.
49:34 - >>OK, BUT THAT WAS A
49:35 - DECLARATION OF
49:36 - TAKING FILE BY THE
49:38 - REDEVELOPMENT AUTHORITY
49:39 - HAPPENED I WAS LOOKING FOR
49:40 - OKAY. THANK YOU, YEAH AND IT
49:41 - WAS A TOTAL TAKE.
49:42 - >>THE DRIVER.
49:45 - >>SO FIRST SO FIRST OF ALL OUR
49:46 - POSITION IS IS THERE WAS AN
49:48 - ASSIGNMENT BY THE LANGUAGE OF
49:49 - THE.
49:50 - >>WE'RE HUGE.
49:51 - >>BOTH IN PARAGRAPH MIND THAT I
49:53 - READ IN PART AND ALSO
49:54 - PARAGRAPH 11 PROVIDES THAT ALL
49:57 - PROCEEDS FROM ANY
49:58 - SUCH PROCEEDINGS, THE INCLUDING
50:01 - A CLAIM FOR DAMAGES IS HEREBY
50:03 - ASSIGN. IT'S EVERY PAY THE
50:05 - LENDER SO WE THINK OF YOU READ
50:07 - VERY OF 9 IN PARAGRAPH 11
50:10 - THEY GATHER, THERE'S A CLEAR
50:12 - SIGN OF IT ALL
50:13 - AND THE RIGHT TO PROCEED IN THE
50:15 - PROCEEDS OF THE MOUND THAT.
50:18 - PROCESS.
50:19 - >>THIS OR NOT
50:20 - I WANT TO INTERRUPT YOU BECAUSE
50:21 - YOU ARE INTO THE LANGUAGE IN
50:23 - THE MORTGAGES BEING AN
50:24 - ASSIGNMENT. WHEN I LOOK AT THAT
50:26 - LINE WHICH I DON'T SEE IT AS
50:28 - BEING AN ASSIGNMENT I SEE IS
50:30 - GIVING THE BANK RATE TO APPEAR
50:32 - IN COURT WITH WHICH IS ACTUALLY
50:34 - MUCH
50:34 - DIFFERENT THEN GIVING THE BANK
50:37 - ALL OF THE RIGHTS OF THE
50:38 - PROPERTY OWNER TO PROCEED IN A
50:40 - CONDEMNATION PROCEEDING.
50:42 - WHAT ABOUT THAT PROVISION DO
50:44 - YOU THINK IS THE BACK THE RAIN
50:46 - TO SEE OTHER THAN JUST BRINGING
50:48 - WORK.
50:49 - >>THANK YOU THERE ARE THERE ARE
50:50 - 2 THINGS FIRST OF ALL THE WIND
50:53 - WHICH SAYS THE LENDER MAY DO.
50:55 - WHATEVER IS REASONABLE.
50:57 - THAT'S IN PARAGRAPH MINUTE
50:58 - PARAGRAPH 11 '04 YEARS. IT
51:01 - PROVIDES THAT.
51:04 - A PROCEED OF ANY
51:05 - WORD FOR THEY MOVED OUT AND SO
51:08 - THE CLAIM ITSELF IS
51:10 - A SIGN THAT ARE ATTRIBUTABLE TO
51:12 - BE PEER LENDERS INTEREST IN THE
51:14 - PROPERTY ARE HEREBY ASSIGN
51:15 - JERRY PAY FOR LENDERS THEY
51:18 - BELIEVE THAT LANGUAGE
51:19 - IS CLEAR THE NOT ONLY IN WAR
51:21 - WOULD BE A SIGN THAT THE
51:22 - PLANE ITSELF. THEY FOR DAMAGES
51:25 - IS A SIGN THE CLAIM FOR DAMAGES
51:27 - OR IS HE WOULD BE
51:28 - THE PETITION TRUST ME JUST
51:30 - COMPENSATION THAT'S WHERE
51:31 - WE THINK THE LANGUAGE IS CLEAR
51:34 - THAT THERE IS AN ASSIGNMENT TO
51:35 - THE BANK TO PROTECT ITS
51:37 - INJURIES.
51:38 - THIRDLY MR. ON
51:39 - ROGER, YOUR YOUR VIEW IS
51:41 - ESTIMATED JUST COMPENSATION
51:42 - UNDER THE EMINENT DOMAIN CODE
51:44 - USED IMAGES.
51:48 - >>YOU HAVE ANY AUTHORITY TO
51:50 - SUPPORT THAT THAT
51:51 - KIND OF PROPOSITION THAT UNDER
51:53 - STATUTE AND CASE LAW COMPEAN
51:56 - AND AGAIN EVEN
51:56 - CONSTITUTIONAL LAW, I'M A BAD
51:59 - COMBINATION PAY FOR IT TAKING
52:01 - IS TREATED AS DAMAGES.
52:04 - >>THE STATUE ITSELF REFERS TO
52:06 - IS THEM BEING SECTION 7, 2,
52:09 - THEN SECTION 5 1 ONE.
52:14 - REFERENCES THAT FACT
52:16 - KHARTOUM THAT AND THE DAMAGE
52:18 - THE DAMAGE TO PROPERTY. THE
52:21 - SENSE HERE THERE'S A TENT BY
52:23 - THE GOVERNMENT. AND THAT IS THE
52:25 - DAMAGE AND WHAT NEEDS TO HAPPEN
52:28 - IS THAT DOWN TOO
52:30 - VALUE THAT'S WHAT'S DONE
52:32 - THROUGH THE ESTIMATED JUST
52:33 - COMPENSATION 2 WOMEN
52:35 - WERE YOU. I WANT THE VALUE OF
52:38 - DEATH ON THE MONETARY DAMAGES
52:40 - ARE THE BEST PHYSICAL SHAPE.
52:47 - >>BACK TO PERCEIVE THE WE WE
52:49 - BELIEVE THERE'S THIS TIME IT
52:50 - NOW.
52:51 - >>THE LOWER COURT. THIS WILL
52:53 - EVEN IF THERE IS THERE IS AN
52:54 - ASSIGNMENT. IT YOU CAN
52:56 - FLICK SLIVE THE STATUE BEEN THE
52:59 - MAIN CODE BECAUSE THEM IN THE
53:01 - BIN.
53:03 - >>CLEARLY
53:03 - SAYS THAT THAN OR ECONOMY WORKS
53:06 - PLACED HER SINK IN BRING A
53:08 - PETITION PRESTIGIOUS.
53:11 - THERE IS NOTHING IN THE END OF
53:12 - THE MAIN ROAD IMPROVEMENTS IN
53:14 - THE SIGN.
53:16 - SO WE THINK THEN THERE'S NO
53:18 - CASE ALL THE WAY DOWN
53:20 - LOWER COURT. SO I DO KNOW CASE
53:22 - OUT OF IT.
53:23 - >>THERE IS ALL RIGHT, BUT
53:24 - THERE'S A PROBLEM BECAUSE THE
53:29 - THEM ME THAT THE COLLECTIVE BAD
53:32 - THAT IT DOES NOT INCLUDE A
53:33 - MORTGAGEE. OR A LION HOLDER.
53:40 - >>I WANT HER WERE SIGNED THE
53:41 - RISE.
53:43 - SO DOESN'T DOESN'T DO IT TO US
53:45 - AS A MATTER THAT LANGUAGE IS
53:47 - IRRELEVANT. WE ARE SIGNING
53:49 - ON THAT.
53:50 - >>I GUESS THE PROBLEM I THINK
53:52 - AS A GENERAL PRINCIPLE
53:55 - CONTRACT LAW THAT
53:57 - YOU CANNOT PARTY AND I CONTRACT
53:59 - AND VIOLATION OF BACHELOR SO
54:02 - ASSUMING WE AGREE WITH YOUR AND
54:04 - ROCK SOME OF SIMON. IN THE
54:08 - MORGAN FREEMAN. THERE'S
54:09 - THAT COMPLEX WITH THE EMINENT
54:11 - DOMAIN CODE WHERE APPEARS EARLY
54:15 - OR TOO LATE. SO WHO
54:17 - ARE GAY FROM. THE DEFINITION OF
54:21 - CALM THEM NAME.
54:23 - >>I THINK THE EXPLANATION
54:25 - IS THAT IN ITS OWN RIGHT.
54:28 - THEN WE DON'T DISAGREE WITH
54:29 - THAT WE DON'T HAVE THE ABILITY
54:30 - IN HER OWN RIGHT. WELL FOR US
54:32 - TO ME JUST COMPENSATION.
54:34 - WE BELIEVE IT COMES TO SIMON.
54:41 - THANK BE
54:43 - THE OTHER.
54:44 - >>THE ISSUE DIRECT COUNCIL.
54:47 - JURORS JUST A KIND OF PRACTICAL
54:50 - THE PROBLEMS HERE. HOW WOULD.
54:54 - AN ASSIGNEE. THAT SUCH AN
54:57 - INTEREST RECEIVED NOTICE.
55:01 - >>CONDEMNATION OR THIS IS GOING
55:05 - ON.
55:07 - IS THEM SOME RESPONSE TO IT.
55:09 - I'M LOU. GOVERNMENTAL IT SEEMED
55:12 - TO EXAMINE THE DOCUMENTS TO SEE
55:14 - WHO THEY SHOULD SERVE.
55:16 - >>ARE YOU KNOW IS THIS GOING TO
55:17 - BE KIND OF THAT.
55:19 - >>THE
55:22 - >>NO OTHER UNDER THE
55:23 - EMINENTLY THOUGH, BUT ON THE
55:25 - FINAL YEAR OF THE DECORATIONS
55:27 - TAKE YOU ON WHICH WAS POSSIBLY
55:29 - MOVE ON NOT
55:31 - ONLY THE ECONOMY AND SEE THE
55:32 - MANY PEOPLE.
55:35 - MORE NEWS.
55:36 - >>AND AT THAT TIME THIS WAS
55:38 - FILED THE BANK WAS AWARE OF
55:40 - THE.
55:42 - CONDEMNATION AND DIDN'T TRY TO
55:45 - UH STUDENTS UH SEIDMAN IS.
55:47 - >>AND THAT POINT.
55:50 - >>RIGHT
55:50 - BECAUSE THE THE INITIAL ISSUE
55:53 - WITH THE FOUNDER OF THE
55:54 - DECLARATION OF TAKING WEATHER
55:56 - IN A PROPER PURPOSES.
55:58 - SO THAT'S WHY YOU WERE FOUND
56:00 - HER IN JACKSON'S TO CHECK IF
56:02 - BECOME THE MORE THE PROPERTY
56:04 - FOR REAL BILL RIVERS WE DIDN'T
56:06 - HAVE BEEN JACKSON
56:08 - TO THAT THE REDEVELOPMENT
56:10 - AUTHORITY WAS TAKING THEY'RE
56:11 - MAKING A TOTAL TAKE SYRIA.
56:13 - NO REASON. THEY'RE INTERVIEWED
56:15 - THEM. AND THEN WE HAVE TO WAIT
56:18 - FOR ME THIS TO US JUST TO
56:20 - DETERMINE WHETHER OR NOT THERE
56:21 - IS SUFFICIENT.
56:22 - ALL RIGHT THEIR VISION DAMAGES
56:24 - OR TO VISION PAYMENT THROUGH
56:25 - THIS MEETING JUST THE STATUS
56:27 - FIRE OR MORE YEARS THAT'S WHEN
56:29 - WE KNEW WE HAVE
56:30 - AN ISSUE AND THAT POINT IS WHEN
56:34 - >>COULDN'T U I.
56:37 - PURSUANT TO THE TERMS OF YOUR
56:39 - MORTGAGE AND YOUR INTERESTS
56:41 - MAKING
56:41 - SURE THAT.
56:42 - >>THE PROPERTY MEAN TEENS MUCH
56:44 - I YOU RECEIVE AS MUCH I COULD
56:46 - AND SHOULD HAVE SOUGHT TO
56:47 - COMPEL LANDOWNER ITSELF TO ASK
56:50 - WERE YOU.
56:52 - >>WHEN THE LAND, YES, GOOD THEM
56:55 - LANDOWNER WAS.
56:57 - CAN WE INTEND TO THE CONTACT
56:59 - AND WOMEN ARE YOU THAT THERE'S
57:01 - BEEN NO COOPERATION THEM.
57:03 - >>WELL CAN YOU TAKEN LEGAL
57:05 - ACTION TAKEN ON YOU GOT.
57:07 - >>I DON'T KNOW THAT
57:09 - WE COULD BE ON IT FOR
57:11 - INTERNATIONAL ACTION TO ALL OF
57:13 - THEM.
57:14 - >>YOU THAT.
57:16 - >>FOR US WE'RE A YOU WHAT HIS
57:19 - OWN WORDS. I I SUPPOSE WE
57:22 - THAT WOULD WE THINK THAT WOULD
57:23 - BE AN AVENUE I NEVER SEEN THAT.
57:27 - UNDER THESE CIRCUMSTANCES BUT I
57:28 - THINK THE BANK HAS A RIGHT TO
57:29 - PROCEED HERE. IF THE THE WAY
57:32 - IT'S STRUCTURED IN THE MORTGAGE
57:33 - DOCUMENTS OF THAT UNDERNEATH
57:35 - FAILS TO RECEIVE IN THE CHOIR.
57:38 - OUR VISION, THE BANK HAS A
57:39 - RIGHT HANDERS THERE. THERE IS
57:42 - NO NEED TO BRING THAT HAPPEN.
57:44 - THEY HAVE FAILED TO DO THAT'S
57:46 - ONE OF THE
57:47 - KIDS IN THE FOOD BANK OR IS HE.
57:51 - I MEAN VALUE THEOREM.
57:58 - THEY ENSURE QUESTION. THANK
58:01 - YOU.
58:03 - 1, 1, OF THE
58:04 - ISSUES THAT THE LOWER COURT
58:06 - RAISINS YEAH PETITIONERS
58:08 - SECTION 5, 6, THE NEW PORT.
58:12 - SUGGESTS THAT WELL THIS IS ALL
58:14 - WELL AND GOOD, BUT YOU DIDN'T
58:15 - BEEN POTENTIALLY INTERVENE 5,
58:17 - 6, AS YOU COULD HAVE.
58:19 - >>PETITION INTERVENE REMAIN,
58:20 - BUT YOU MEAN THAT WAY AND IN
58:22 - THAT YEAR AND THE NEED TO
58:24 - MENTION OFFICIALS TO INTERVENE.
58:26 - I THINK.
58:28 - WE WERE LITTLE OR THE SUPPLY
58:30 - SECTION 5 '06. I
58:32 - THINK THE THE
58:34 - TERMINA ME THE IN AMENAS ONLY
58:36 - IF AND WHEN I COME TO ME.
58:41 - FILES A PETITION FOR
58:43 - ESTIMATED JUST UNDER SECTION
58:45 - 5 '06. THERE IS NO REASON.
58:49 - IN BEEN ONE
58:50 - OF THE PARTIES TO BE NOTIFIED
58:52 - WOULD BE EVEN MORE YEARS ORRIN
58:54 - G AND IN THAT RULING
58:57 - THE MORE YOU HAVE THE BILL
58:58 - WOULD NEED RIGHT NOW, AND THERE
59:01 - IS NO. PROCEEDING
59:04 - INTO WHICH THE MORTGAGE EAT
59:06 - GOOD INTERVIEW NOTHING WAS
59:07 - HAPPENING. THE WAY PEOPLE OR TO
59:10 - SUPPLY 5 TO 6 HIS BEST THAT WE
59:13 - HAVE TO DO.
59:15 - WE'VE HAD A FURTHER IS THAT IS
59:17 - THE CASE
59:18 - IF THE WE'RE DETERMINED THAT WE
59:20 - SHOULD HAVE INTERVENED I THINK
59:21 - THAT'S WHAT WE DO FROM THE FISH
59:23 - ARE BRED
59:23 - TO JOBS. WE MADE A NOW USE THE
59:25 - MAGIC WORDS INTO THE WORK WITH
59:28 - ME IN ESSENCE THAT'S WHAT WE'RE
59:30 - DOING BY FOUNDING
59:31 - WORLD VISION. THIS SUGGESTING
59:33 - WE'RE DOING BY WAY OF US, I
59:34 - MEAN WE'RE AND THEN INTERVENE
59:36 - IN THIS ACTION SO WE THINK
59:39 - THAT WE THAT'S THE POSITION OF
59:41 - THE LOWER COURT RETHINK TO
59:42 - SATISFY THEIR FATHERS 6, 2,
59:46 - THIS IS THE ROOM WHERE DOES
59:48 - THAT SECTION.
59:51 - SHOULD BE APPLIED HERE. WE ARE
59:53 - ONLY THERE
59:54 - WAS NOTHING THE WORST INTERVENE
59:56 - INTO THEIR HAD BEEN NO OFFICIAL
01:00 - 02.840 THERE'S NO NEWS IS THERE'S
01:00 - 05.700 NOTHING HAPPENING. WE'RE IN
01:00 - 07.490 CHRIST OR DEATH OF FOUNDER
01:00 - 07.910 DOES.
01:00 - 11.040 DISTRICT MANAGER.
01:00 - 19.010 THE LAST ISSUE I WANT US TO
01:00 - 22.110 WORK RAISE WAS WHETHER THE
01:00 - 22.840 ASSIGNMENT.
01:00 - 26.310 IN THIS LANGUAGE IS
01:00 - 28.770 IS THAT TRUE SIMON AND NOW SOME
01:00 - 31.080 LITTLE WHICH SUGGESTS THAT I
01:00 - 33.340 IT'S NOT A COMPLETE A SIGN IN
01:00 - 34.430 WORK SUGGESTS THAT
01:00 - 37.090 UNLESS ALL OF THE RIGHTS OF THE
01:00 - 38.840 ECONOMY WERE ASSIGNED TO US.
01:00 - 42.140 WITH CONDEMNATION THERE FOR
01:00 - 44.360 THE BANK. IT WAS NOT A PROPER
01:00 - 45.050 SIGN.
01:00 - 48.880 THE REALITY IS IS THAT
01:00 - 51.040 IF WE WERE SIGNED THE RIGHT TO
01:00 - 51.750 PURSUE.
01:00 - 54.180 THEY FOUND. THIS WRECK
01:00 - 56.240 COMMUNITY JOBS BANK WAS ABLE TO
01:00 - 57.910 COME BACK. I MEAN WE'VE BEEN
01:00 - 59.620 GETTING THOSE UNDER 5 YEARS.
01:01 - 02.590 AND TO ME WOULD BEEN RIGHT TO
01:01 - 03.280 PROCEED.
01:01 - 06.230 WITH US IF THEY WISH TO TAKE
01:01 - 07.790 THEIR INJURIES. THERE WERE THE
01:01 - 08.720 ONLY ONE.
01:01 - 12.210 HEARING AND ON THE BEFORE THE
01:01 - 14.050 BOARD OF VIEW AND IT WOULD
01:01 - 15.700 BE TOO COMMON THESE WERE NOT
01:01 - 16.360 HAVE THEIR OWN
01:01 - 18.550 SEPARATE RIGHT. THEY WILL BE
01:01 - 19.840 ABLE TO PARTICIPATE ON YOUR
01:01 - 21.850 FINANCES WHICH YOU BACK.
01:01 - 24.800 WE BELIEVE YOU SIMON WAS THERE
01:01 - 26.830 WHO WAS ASSIGNED WAS THE RIGHT
01:01 - 28.690 TO FILE. WE
01:01 - 30.520 BELIEVE THIS THIS REFERS TO ME
01:01 - 32.290 TO JUST THE 3 ATTEMPTED
01:01 - 34.860 TO DO. IN THE CONDOM, THE WORK
01:01 - 36.330 COULD PARTICIPATE IN THAT IF
01:01 - 38.530 THEY DO THAT WOULD NOT HAVE THE
01:01 - 40.180 ABILITY TO FILE THEIR OWN
01:01 - 42.420 BECAUSE HE WAS IF YOU WERE ABLE
01:01 - 44.320 TO SEE IT WILL BE REISSUED A
01:01 - 46.360 CON AGAINST THEM. FINALLY THEIR
01:01 - 47.820 OWN FUTURE THEY WERE GIVEN
01:01 - 48.580 NOTICE OF IT.
01:01 - 50.880 THE PARTICIPATED SAY THEIR
01:01 - 52.900 INJURIES. IT FELT THE BANK WAS.
01:01 - 56.510 WE THINK THAT THAT ALSO.
01:01 - 00.100 WE'LL REPORT THEIR
01:02 - 02.270 DETERMINATION THAT THERE WAS AN
01:02 - 04.520 ONUS ON EVERY THERE'S ALSO
01:02 - 04.920 THERE.
01:02 - 08.710 ARE THERE ANY OTHER WHAT WOULD
01:02 - 09.030 YOU LIKE.
01:02 - 10.690 >>WHAT WOULD YOU LIKE THE COURT
01:02 - 11.270 TO DO.
01:02 - 14.070 >>WE LIKE THE COURT TO REMAND A
01:02 - 16.930 TOOL WERE IN DIRECT A WILL TO
01:02 - 18.120 WIN A WORLD VIEW.
01:02 - 32.480 >>MINE HONORS.
01:02 - 35.700 PLEASE THE COURT MY NAME IS
01:02 - 37.720 TRACY CASTLE BROPHY I REPRESENT
01:02 - 39.380 THE REDEVELOPMENT AUTHORITY OF
01:02 - 41.290 THE COUNTY OF FOX MATTER.
01:02 - 44.440 BEFORE I ADDRESS THE
01:02 - 46.410 REASONS WHY WE BELIEVE THE
01:02 - 47.710 TRIAL COURT'S ORDER SHOULD
01:02 - 49.680 BE AFFIRMED I THINK IT'S
01:02 - 51.430 IMPORTANT TO GIVE A
01:02 - 53.510 BRIEF OVERVIEW. WELL, THE
01:02 - 55.300 CONDEMNATION PROCESS IN
01:02 - 58.220 HIS CASE IN ORDER TO UNDERSTAND
01:02 - 59.940 THE FULL THIS APPEAL.
01:03 - 03.050 THE REDEVELOPMENT AUTHORITY'S
01:03 - 05.140 POWER TO CONDEMN COMES FROM THE
01:03 - 06.520 URBAN REDEVELOPMENT LAW.
01:03 - 08.390 WE CONDEMN ONLY BLIGHTED
01:03 - 10.310 PROPERTIES AND WE CAN ONLY COME
01:03 - 13.360 DOWN IS. PROPERTY HAS
01:03 - 15.550 BEEN CERTIFIED AS BELATED
01:03 - 17.360 BY THE MUNICIPALITY IN WHICH
01:03 - 19.700 IT'S LOCATED THAT REQUIRES THE
01:03 - 21.540 PARTICIPATION OF A BLIGHTED
01:03 - 22.050 PROPERTY
01:03 - 24.950 REVIEW COMMITTEE. THE PLANNING
01:03 - 25.910 COMMISSION'S OF BOTH THE
01:03 - 27.720 MUNICIPALITY AND IN OUR CASE
01:03 - 28.850 THE COUNTY OF FACTS.
01:03 - 31.910 AND OF PROPERTY CAN ONLY BE
01:03 - 34.470 LANDED. IF IT IS INDEED MAKE.
01:03 - 38.180 THIS IS NOT A QUICK PROCESS
01:03 - 40.970 AND TYPICALLY. PROPERTY HAS
01:03 - 43.010 BEEN VACANT AND IN SOME FORM
01:03 - 44.550 RELATED CONDITION FOR SEVERAL
01:03 - 46.920 YEARS BEFORE THE CERTIFICATION
01:03 - 48.660 PROCESS EVER BEGINS.
01:03 - 51.260 IT'S CERTAINLY
01:03 - 53.350 REASONABLE TO ASSUME THAT WHERE
01:03 - 55.640 PROPERTY HAS BEEN VACATED THE
01:03 - 57.540 MORTGAGE ISN'T BEING PAID AND
01:03 - 58.780 AT THAT POINT THE MORNING SHE
01:03 - 00.770 WOULD BE ON NOTICE THAT THE
01:04 - 02.970 MORTGAGES AND ALL. I THINK
01:04 - 05.300 BUSINESS DROP ON MENTIONED.
01:04 - 08.500 THE PROPERTY OR THE MORTGAGE
01:04 - 10.250 LISTEN TO FALL. WHEN
01:04 - 12.090 THE BANK I SHOULD GO OVER THIS
01:04 - 13.940 MORTGAGE IN 2013.
01:04 - 16.820 AND ALTHOUGH A MORTGAGE
01:04 - 17.880 FORECLOSURE ACTION
01:04 - 19.020 WAS INDEED.
01:04 - 22.510 >>INITIATED IN 2015.
01:04 - 25.110 >>THE PROPERTY WAS ALREADY VERY
01:04 - 27.140 LATE AT THAT POINT WHICH IS WHY
01:04 - 29.260 THE REDEVELOPMENT AUTHORITY AND
01:04 - 31.860 DAMNING IT. THAT MEANS UGLY
01:04 - 32.930 IT'S OUR POSITION OF THE
01:04 - 35.370 MORTGAGEE INSTEAD ON ITS RIGHTS
01:04 - 36.970 AND DOES HAVE RIGHTS TO ENFORCE
01:04 - 38.760 ITS MORTGAGE AND PROTECT ITS
01:04 - 41.390 SECURITY INTERESTS. AND WE'RE
01:04 - 43.290 HERE NOW THE CRIMES
01:04 - 44.890 THE MORE DG IS TRYING TO DO
01:04 - 46.160 SORT OF AN END RUN AROUND THE
01:04 - 48.100 EMINENT DOMAIN COAT IN ORDER
01:04 - 50.140 TO MAXIMIZE ITS PAY OFF.
01:04 - 52.520 AND I KNOW THERE WERE SOME
01:04 - 54.500 QUESTIONS ABOUT THE PROCEDURE
01:04 - 55.470 AS WELL.
01:04 - 58.410 >>THERE IS A DECLARATION OF
01:04 - 01.590 TAKING FILED. THE ECONOMY
01:05 - 04.720 CAN BOW. HE ROSE TO ECONOMIES
01:05 - 05.460 DID NOT IN THIS
01:05 - 07.900 CASE IS AND WHEN IT DOES A DAY
01:05 - 09.490 CARE TO A MATTER OF.
01:05 - 12.410 JUST COMPENSATION
01:05 - 13.450 FOR DAMAGES.
01:05 - 17.370 >>I MEAN I WAS NOT
01:05 - 19.440 I'M NOT GIVING NOTICE TO THE
01:05 - 21.150 BANK OF THE DECLARATION OF
01:05 - 21.670 BACON.
01:05 - 23.590 >>NOW IT IT ABSOLUTELY.
01:05 - 25.690 I DON'T THINK THAT'S THE
01:05 - 27.080 QUESTION HERE IT'S AN
01:05 - 28.770 ABSOLUTELY DETEST WE HAVE TO
01:05 - 31.660 NOTIFY ALREADY USE A RECORD ALL
01:05 - 32.960 THE HOLDERS OF RECORD.
01:05 - 35.560 ANY CONDEMNATION. WHEN YOU
01:05 - 38.720 FILED OK ALL RIGHT, KNOWN TO
01:05 - 41.240 POLICE FOR THE DECLARATION ON
01:05 - 43.290 ALTHOUGH ALL THE LANE HOLDER.
01:05 - 45.140 >>WE'RE AT CORRECT.
01:05 - 47.400 IS NOT FOR THE
01:05 - 48.870 BANK AS THEY DID THEY WERE
01:05 - 50.280 HAPPY WE'RE GOING TO TAKE IT
01:05 - 51.880 MAYBE THEY FINALLY GET SOME.
01:05 - 54.560 MONEY BUT TAKE OVER.
01:05 - 57.700 >>TRY TO RECOVER SOMETHING ON
01:05 - 58.900 THERE LOOK BAD LOAN.
01:05 - 01.070 >>ROUND SO AT THAT
01:06 - 02.050 POINT IS.
01:06 - 04.630 >>THEIR LIEN ON
01:06 - 07.550 THE PROPERTY. IS EXTINGUISHED
01:06 - 09.100 IN THE LEAN AND THEN GOES
01:06 - 09.630 TOWARD.
01:06 - 10.660 >>THE.
01:06 - 12.250 >>JUST COMPENSATION THAT WOULD
01:06 - 12.830 BE A.
01:06 - 15.370 NOW AT THE
01:06 - 17.750 POINT THAT THE TIME FOR TEARS
01:06 - 19.780 RUNS OUT NOBODY'S FOUND ANY
01:06 - 22.220 WE CAN AND MAKE AN OFFER OF
01:06 - 24.370 ESTIMATED JUST COMPENSATION TO
01:06 - 25.090 THE CONTINENT.
01:06 - 27.370 THAT'S WHAT WE DID IT WAS BASED
01:06 - 28.680 ON AN APPRAISAL WHICH IS PART
01:06 - 29.770 OF THE RECORD FOR
01:06 - 32.720 $45,000. IN THIS
01:06 - 35.590 CASE BECAUSE THERE
01:06 - 38.160 WERE SO MANY LIEN HOLDERS AND
01:06 - 38.520 AWARD
01:06 - 40.950 A G THE ECONOMY WASN'T GOING TO
01:06 - 42.050 GET ANY OF THAT MONEY WOULD
01:06 - 43.710 THEN BE PAID OUT IN ORDER OF
01:06 - 45.330 PRIORITY TO THOSE RECORD.
01:06 - 48.040 I ONCE WE MAKE THAT OFFER
01:06 - 50.130 THE IMPORTANT THING FOR US IS
01:06 - 51.420 WE CAN AND TAKE POSSESSION OF
01:06 - 53.690 THE PROPERTY AND ACTUALLY WORK
01:06 - 55.150 TO ELIMINATE LATE AT THAT
01:06 - 55.500 POINT.
01:06 - 59.450 THE IMPORTANT THING WITH REGARD
01:06 - 59.600 TO THE
01:06 - 02.360 PROCEDURE IS THE COMPANY DOES
01:07 - 04.140 NOT HAVE TO MAKE NEXT OUT THAT
01:07 - 06.550 OFFER. I'M NOT FILE FOR BOARD
01:07 - 09.220 OF VIEW. THEY CAN NEGOTIATE AND
01:07 - 11.310 ENTER INTO AN AGREEMENT OR WITH
01:07 - 12.670 THE AMOUNT OF DAMAGE IS GOING
01:07 - 14.260 TO BE WITHOUT A BOARD OF VIEW
01:07 - 15.680 OF WHAT ARE YOU PROCEEDING IS
01:07 - 18.080 NOT THE CHOIR. WE'RE ALWAYS
01:07 - 18.700 NECESSARY.
01:07 - 22.790 >>OBVIOUSLY IN THIS CASE, THE
01:07 - 23.440 THANKS.
01:07 - 26.520 DID NOT ACCEPT THAT AMOUNT OR
01:07 - 28.210 DID NOT FEEL THAT THE AMOUNT OF
01:07 - 31.330 THE APPRAISAL. WAS AND
01:07 - 33.480 NOT OFF WAS SUFFICIENT OR
01:07 - 35.860 JUST COMPENSATION. AND
01:07 - 38.130 THAT'S WHY COURSES ATTEMPT TO
01:07 - 39.370 FILE FOR BORDER, YOU.
01:07 - 41.990 >>GETTING
01:07 - 45.220 INTO THE REASONS WHY THAT
01:07 - 47.080 RECORD ORDERS TO BE AFFIRMED.
01:07 - 52.190 >>MILLION AND NOT SHOW THE
01:07 - 55.010 APPELLANTS ARGUMENT IS MATCH.
01:07 - 56.450 THEY'RE
01:07 - 58.360 CONTRACTING SUPERSEDE
01:07 - 01.440 THESE SPECIFIC STATUTORY SCHEME
01:08 - 02.810 OF THE EMINENT DOMAIN COAT.
01:08 - 05.230 AND WE WOULD SAY THAT THAT IS
01:08 - 07.150 NOT SHOW AND THERE ARE WE
01:08 - 08.980 SIMPLY 3 REASONS WHY.
01:08 - 11.990 THE LANGUAGE OF THE EMINENT
01:08 - 14.940 DOMAIN CODE. ITS PROVISIONS ARE
01:08 - 17.010 EXPRESSED AND AN AMBIGUOUS WITH
01:08 - 19.460 REGARD. IF YOU CAN FILE FOR
01:08 - 22.030 BOARD OF VIEW SECTION 5 OR 2 OF
01:08 - 22.630 THE CODE.
01:08 - 25.460 THIS IS ONLY COMMON OR ECONOMY
01:08 - 26.630 WERE DISPLACED PERSON
01:08 - 28.670 OBVIOUSLY THE MAN DOESN'T FALL
01:08 - 30.620 ON 10 YEARS CATEGORIES.
01:08 - 34.560 THE CON THE DEFINITION OF KANYE
01:08 - 37.700 IS ALSO THE CIVICALLY SET FORTH
01:08 - 38.440 IN THE CODE
01:08 - 42.390 AND SPECIFICALLY METS MORTGAGE
01:08 - 44.170 EASE LIEN HOLDERS AND JUDGE.
01:08 - 51.730 >>IF
01:08 - 53.620 WE EXPECT I GUESS
01:08 - 55.800 I'M OUT IT IT WOULD NO
01:08 - 56.860 LONGER BE.
01:08 - 59.330 >>THE MORTGAGEE THEY WOULD BE
01:08 - 00.430 A CONDOM.
01:09 - 02.780 >>SO THEN IF WE EXPECTED THAT
01:09 - 04.820 THERE IS NOT A SIGN IT THAT
01:09 - 06.210 WOULD NOT BE IN VIOLATION OF
01:09 - 07.280 THE STATUTE CRASH.
01:09 - 10.120 >>I WOULD SAY WOULD STILL BE IN
01:09 - 13.330 VIOLATION. BIG PRIZE. AND THIS
01:09 - 16.620 I CANNOT THE SITUATION WHICH IS
01:09 - 18.740 IN VIOLATION OF THAT STATUTORY
01:09 - 20.760 SCHEME. OBVIOUSLY THE EMINENT
01:09 - 22.450 DOMAIN CODE SET UP A
01:09 - 25.160 SITUATION WHERE MORTGAGE EASE
01:09 - 26.870 WARRANTS AS WELL AS OTHER LEE
01:09 - 29.140 MOTORS MARNELL OUT SHOE, I'M
01:09 - 30.320 CERTAIN CELLS AND THESE
01:09 - 32.020 PROCEEDINGS ASSET, THE
01:09 - 34.000 POSSIBILITY OF INTERVENTION
01:09 - 35.600 WHICH IS NOT ABSOLUTE EITHER.
01:09 - 38.170 AND THERE'S A REASON FOR THAT
01:09 - 39.560 THEY DIDN'T WANT MULTIPLICITY
01:09 - 41.700 OF FLAMES. YOU KNOW A WHOLE
01:09 - 44.120 BUNCH OF PARTIES TRYING CAN TO
01:09 - 45.190 GET TO THE SCENE GOLD
01:09 - 45.780 BASICALLY.
01:09 - 48.880 >>AND AND FOR OTHER REASONS
01:09 - 50.250 BECAUSE LIEN HOLDERS INTERESTS
01:09 - 51.860 ARE DIFFERENT PROPERTY OWNERS.
01:09 - 57.860 >>I MEANT THAT LET'S SAY
01:09 - 58.960 PUTTING ASIDE.
01:09 - 00.590 >>THE SUFFICIENCY OF THIS
01:10 - 02.610 PARTICULAR ASSIGNMENT IN THIS
01:10 - 05.620 CASE. IF WE IMAGINE
01:10 - 08.260 A VERY CLEAR ASSIGNMENT
01:10 - 11.260 OF HIS OF THE FULL INTEREST SO
01:10 - 14.360 THAT THE THE
01:10 - 17.700 COMPANY OWNER. COULD NOT.
01:10 - 22.620 FILE ANYTHING AND ALL
01:10 - 24.540 OF THE RANKINGS SO OR
01:10 - 28.180 DISSIPATE IN THE CONDEMNATION
01:10 - 29.870 PROCEEDING HAD BEEN ASSIGNED.
01:10 - 32.840 FOR WHATEVER REASON.
01:10 - 36.400 ARE YOU SAYING THEN
01:10 - 38.530 THAT IS REES REASONS YOU'VE
01:10 - 40.980 GIVEN WOULD UNDER THE STATUTE
01:10 - 41.970 PRECLUDE SUCH
01:10 - 43.630 AN ASSIGNMENT, THERE WOULDN'T
01:10 - 45.220 BE MULTIPLICITY AND YOU
01:10 - 47.160 WOULDN'T HAVE THERE IS INTEREST
01:10 - 49.270 THEY WOULD ACTUALLY BE STANDING
01:10 - 51.730 FULLY IN THE SHOES.
01:10 - 55.900 >>I WOULD STILL BE IN VIOLATION
01:10 - 57.210 OF THE TIME.
01:10 - 00.790 YEAH, IT'S TAKING A PRIVATE
01:11 - 02.470 CONTRACT BETWEEN A MORTGAGE OR
01:11 - 04.640 A MORTGAGE ME AND SAYING THE
01:11 - 06.230 LANGUAGE THAT'S AND NOT PRIVATE
01:11 - 07.920 CONTRACT, WHETHER IT'S IN
01:11 - 09.440 EFFECT OF ASSIGNMENT OR
01:11 - 10.700 WHATEVER IT IS.
01:11 - 13.270 >>IS NOW SUPERSEDING THE SCHEME
01:11 - 14.650 THAT WAS SET UP BY
01:11 - 18.570 THE LEGISLATURE IN CREATING THE
01:11 - 20.410 EMINENT DOMAIN CODE AND THE
01:11 - 23.290 PROBLEM IS GOING TO BE THAT IF
01:11 - 25.950 THAT LANGUAGE IS WHAT IS
01:11 - 27.750 RELEVANT. THEN THE COURTS ARE
01:11 - 29.050 GOING TO HAVE IN EACH CASE TO
01:11 - 32.050 DECIDE WHETHER THIS MORTGAGEE
01:11 - 33.750 AS AN EFFECTIVE ASSIGNMENT AND
01:11 - 35.120 THAT ONE DOESN'T AND
01:11 - 37.150 ALSO AN EARLY HOLDERS BESIDES
01:11 - 38.890 MORGAN CHEESE WOULD NEVER HAVE
01:11 - 39.810 THAT PROTECTION
01:11 - 43.380 OUR ABILITY STEP INTO THE SHOES
01:11 - 45.410 SO EVERYBODY WOULD BE
01:11 - 47.510 ON A DIFFERENT PLAYING FIELD
01:11 - 50.280 AND IT WOULDN'T BE. FAIR IN THE
01:11 - 52.100 SENSE OF THEY'RE ALL
01:11 - 53.270 LIEN HOLDERS.
01:11 - 56.570 SO THE THE LEGISLATURE SET UP A
01:11 - 57.840 SITUATION WHERE
01:11 - 59.340 WHERE DID YOU SEE HOLDERS
01:11 - 00.900 JUDGMENT CREDITORS ARE TREATED
01:12 - 01.360 THE SAME
01:12 - 03.230 FOR PURPOSES AND THAT'S
01:12 - 04.720 ACTUALLY I JUST WANT TO MAKE
01:12 - 06.190 SURE I UNDERSTAND THAT
01:12 - 06.670 RECURRING
01:12 - 08.020 DOCTOR ARGUMENT.
01:12 - 09.900 >>ANG SOME TIRE OKAY ON THE
01:12 - 12.440 DEFINITION OF CONDEMNATION THAT
01:12 - 14.500 IT WOULD VIOLATE THAT THAT'S
01:12 - 16.600 YOUR STORY DEFINITION SUPERMAN.
01:12 - 17.700 I'M MORGAN.
01:12 - 21.460 MORGAN HE STAND IN THE SHOES OF
01:12 - 22.350 A CALM THEM THEY.
01:12 - 24.010 >>WELL I WOULD SAY
01:12 - 25.140 THAT HIGH.
01:12 - 27.260 >>AND HANDS ON MY OTHER
01:12 - 30.170 QUESTION IS CAN YOU HAVE TO
01:12 - 32.600 CALM THEM ME FOR THE SAME
01:12 - 33.230 PROPERTY.
01:12 - 37.170 >>I MEAN ANY HOT MONEY HAND
01:12 - 41.620 TITIAN I MEAN THE RESPONSE TO
01:12 - 41.760 YOUR
01:12 - 44.050 FIRST POINT. YES, THE
01:12 - 45.500 DEFINITION OF CONDON NEED
01:12 - 46.800 CERTAINLY OWN ITS OWN
01:12 - 50.940 KIDS BUT IN SECTION TO ITS
01:12 - 53.410 SOUTH. THE COMMENTS SECTION BY
01:12 - 54.570 2 SAYS
01:12 - 57.010 WELL MORTGAGE EASE JUDGMENT,
01:12 - 59.080 CREDITORS AND OTHER THE HOLDERS
01:12 - 00.760 ARE NOT CONDON KNEES AND
01:13 - 02.630 THEREFORE HAVE NO STANDING TO
01:13 - 04.870 FILE A PETITION FOR VIEWERS
01:13 - 08.260 AND GO. I'M SO AGAIN IF WE
01:13 - 10.900 SIGN THEM, OKAY THIS MORTGAGEE
01:13 - 12.360 BECAUSE OF THE LANGUAGE IN ITS
01:13 - 14.530 PARTICULAR MORTGAGES AND NOW
01:13 - 16.610 FILED A PETITION FOR VIEWERS IN
01:13 - 17.510 THIS SCENE.
01:13 - 20.230 HE'S OTHER LIEN HOLDERS AND
01:13 - 21.940 PERHAPS OTHER MORTGAGE EASE
01:13 - 23.040 WOULD NOT BE ABLE TO
01:13 - 23.690 DO THAT.
01:13 - 24.970 >>AND I
01:13 - 29.400 >>COULD YOU ADDRESS THE
01:13 - 31.390 INTERVENTION WHY OF THE BEST
01:13 - 33.400 EFFECTIVELY INTERVENTION
01:13 - 35.240 BECAUSE OBVIOUSLY BE THE
01:13 - 36.140 LEGISLATURE
01:13 - 39.310 INTENDED THAT MORTGAGEE THEM
01:13 - 40.880 JUDGMENT CREDITORS, ANOTHER
01:13 - 42.800 LANE HOLDERS HAVE AN INTEREST
01:13 - 43.900 THAT THEY CAN HAVE.
01:13 - 47.180 PROTECTED IN A VAN IN A
01:13 - 48.670 PROCEEDING UNDER THE EMINENT
01:13 - 51.520 DOMAIN CODE. SO WHY HASN'T THAT
01:13 - 53.390 BEEN CALLED CORE OF ONE THEY
01:13 - 54.960 PETITION FILED BY THE BANK.
01:13 - 57.260 IN FACT AND INTERVENTION.
01:13 - 00.840 >>THERE ARE 2 SECTIONS OF THE
01:14 - 02.340 CODE SO I
01:14 - 04.660 AND WHAT BUT THE OPPONENTS
01:14 - 06.670 FILED WAS UNDER SECTION 5 OF TO
01:14 - 08.890 A CONCESSION. TO FOR THE
01:14 - 09.890 APPOINTMENT OF THE BOARD OF
01:14 - 11.110 VIEW SECTION
01:14 - 14.930 5 '06. SETS FORTH THE PROCEDURE
01:14 - 15.990 FOR A NATIONAL
01:14 - 19.760 PETITION INTERVENE AND THAT THE
01:14 - 20.530 COURT HAS TO MAKE A
01:14 - 22.410 DETERMINATION ON MY EYES TO
01:14 - 24.030 WEATHER. YOU KNOW
01:14 - 25.280 THE MORTGAGE EASE INSURANCE OR
01:14 - 27.010 OTHER THE VOTERS AND GETTING
01:14 - 29.540 OUT OF BED AND THE ANSWER WE
01:14 - 31.920 JUST ALLOW A BANK OR MAN.
01:14 - 34.330 >>IT WOULD CATCH AN HOUR
01:14 - 36.090 WHITE MEN OF THE BOARD OF YOUR
01:14 - 37.500 TO MAKE IT IN BED AND
01:14 - 40.020 INTERVENTION. AND A PETITION
01:14 - 41.080 FOR DISTRIBUTION.
01:14 - 43.870 >>I WOULD
01:14 - 46.340 SAY THAT I ACTUALLY AGREE WITH
01:14 - 48.160 MISTER HONOR ON ROTTEN THIS
01:14 - 50.620 POINT AND WE BELIEVE THIS IS
01:14 - 53.220 TRUE AS BAGS.
01:14 - 56.520 YOU CAN ONLY INTERVENE
01:14 - 59.690 IN. PERCEIVING AND THERE IS NO
01:14 - 00.920 PROCEEDING FOR BOARD
01:15 - 04.010 OF VIEW. I MENTION PROVISION IS
01:15 - 06.230 ONLY FOUND IN THE SECTION OF
01:15 - 08.660 THE CODE REGARDING. THE
01:15 - 09.410 PROCEDURE FOR
01:15 - 11.430 DETERMINING DAMAGES THOUGH IT
01:15 - 14.130 WOULD NOT FOR INSTANCE ALLOW A
01:15 - 15.950 MORTGAGEE OR OTHER LIEN HOLDER
01:15 - 18.400 TO ENTER THE E CONDEMNATION
01:15 - 19.590 ACTION SOUTH.
01:15 - 22.340 AND HARM THE NATION WHEN YOU
01:15 - 23.780 FILE A DECLARATION TAKING
01:15 - 24.130 THAT'S AN
01:15 - 26.470 IN-ROOM PROCEEDING. ONCE YOU
01:15 - 28.210 SWITCH TO THE PROCEEDING FOR
01:15 - 30.710 BOARD YOU IT BECOMES IN PERSON
01:15 - 33.470 AND AND THE PASSION IS
01:15 - 35.600 ACTUALLY CHANGED TO
01:15 - 38.400 THE PARTIES THEMSELVES RATHER
01:15 - 41.110 THAN IN IN RE DESIGNATION AND
01:15 - 42.540 THAT'S A SEPARATE PROCEEDING.
01:15 - 45.620 SO UNLESS THERE IS A PROCEEDING
01:15 - 47.370 INSTITUTED THERE THERE'S
01:15 - 49.460 NOTHING TO INTERVENE AND.
01:15 - 51.590 THAT HAS NOT BEEN
01:15 - 54.150 FINALLY DECIDED IN OUR BOARDS
01:15 - 56.080 AND AS FAR AS I KNOW THAT ISSUE
01:15 - 57.520 HAS NOT COME OUT
01:15 - 00.120 WITH REGARD
01:16 - 01.640 TO WHETHER MORGAN SHE WOULD BE
01:16 - 03.250 ALLOWED TO INTERVENE IF THEY
01:16 - 05.020 INDEED FILED A PETITION THAT
01:16 - 05.540 PURPOSE.
01:16 - 10.240 I
01:16 - 12.950 THE NEXT
01:16 - 14.140 IMPORTANT I
01:16 - 17.790 LANES AND REASON TO AFFIRM THE
01:16 - 19.160 LOWER COURT'S ORDER
01:16 - 20.820 IS AGAIN
01:16 - 22.660 THAT A PRIVATE CONTRACT JUST
01:16 - 25.240 CAN'T BE USED TO SUPERSEDE THE
01:16 - 26.590 STATUTORY OWN.
01:16 - 30.220 IT'S IT'S A CONTRACT BETWEEN
01:16 - 33.620 2 PEOPLE OUR TO ENTITIES AND IT
01:16 - 35.120 CAN'T THAT AND
01:16 - 37.740 JUST RETURN EVERYTHING THAT'S
01:16 - 39.230 SET UP IN THE EMINENT DOMAIN
01:16 - 39.610 CODE.
01:16 - 41.830 AND IN THIS CASE WE DON'T
01:16 - 43.020 BELIEVE THERE WAS ENOUGH
01:16 - 45.350 ACTIVISTS, I'M JUST LOOKING AT
01:16 - 48.060 THE LANGUAGE OF PARAGRAPH 9 OF
01:16 - 50.190 THE MORTGAGES, THE WORDS
01:16 - 52.490 ASSIGNMENT WERE ASSIGNED APPEAR
01:16 - 53.390 NOWHERE IN THERE.
01:16 - 57.230 A JUDGE HAS FOUND A PAN AND
01:16 - 58.450 NOTED EARLIER.
01:16 - 01.660 THE ABILITY TO APPEAR IN COURT
01:17 - 02.870 IS NOT THE SAME AS BEING
01:17 - 04.820 GRANTED THE FULL RIGHT TO
01:17 - 06.250 PROSECUTE ALL MEANS THAT
01:17 - 09.830 >>WOULD YOUR ARGUMENT BE THE
01:17 - 12.020 SAME IF THE REASON IS
01:17 - 16.180 >>THE OWNER OF THE PROPERTY
01:17 - 18.820 HOLDER THAT CONDOM ME AND
01:17 - 19.380 DO THIS
01:17 - 24.760 BECAME DISABLED OR SOME OTHER
01:17 - 26.590 IMPEDIMENTS ROSE WHICH
01:17 - 28.850 PRECLUDED THAT INDIVIDUAL FROM
01:17 - 30.160 BEING ABLE TO FILE.
01:17 - 35.000 WOULD AN ASSIGNMENT OR A OF
01:17 - 36.670 SOME SORT TO BE ABLE TO ALLOW
01:17 - 38.800 SOMEONE ELSE TO PROCEED ON YOUR
01:17 - 39.280 BEHALF.
01:17 - 43.120 >>AND THAT MAY BE THE CASE, BUT
01:17 - 44.560 IT WOULDN'T BE THE PUMP.
01:17 - 46.490 IT WOULD BE THE LANGUAGE AND
01:17 - 47.290 ITS MORTGAGE.
01:17 - 48.590 >>THERE WAS SOME SEPARATE
01:17 - 50.790 DOCUMENT CLEANEST HIGH THAT
01:17 - 52.330 THIS PARTICULAR MORTGAGE, LET'S
01:17 - 53.550 SAY IT WASN'T A BANK THAT
01:17 - 55.430 PROVIDED THE FUNDS FOR THE
01:17 - 56.590 PURCHASE OF THE PROPERTY.
01:17 - 57.940 LET'S SAY IT WAS THE
01:17 - 59.720 GRANDMOTHER AND MILLIE
01:17 - 01.600 WHO HAS A RETIREMENT FUNDS AND
01:18 - 03.550 LET AND ALLOWED.
01:18 - 05.540 >>A MEMBER OF THE FAMILY TO USE
01:18 - 06.940 IT TO PURCHASE AND GOT
01:18 - 10.610 A MORTGAGE SOMEHOW THE PERSON
01:18 - 12.460 WAS INCAPACITATED AND
01:18 - 15.270 WITH IN THE LANGUAGE THERE HAD
01:18 - 16.820 BEEN AN ASSIGNMENT WOULD YOU
01:18 - 18.650 STILL SAY THAT NO ONE COULD
01:18 - 20.330 PURSUED IS.
01:18 - 22.180 >>AND I'M BACK AND I'M
01:18 - 25.310 Q I WHO PAMPER SUE ON BEHALF OF
01:18 - 26.860 THE ECONOMY AND I THINK IN THAT
01:18 - 28.690 HE'S IT WOULD HAVE TO BE A
01:18 - 30.210 BARGAINING POINT GUARDIANS OF
01:18 - 31.030 THE KIND OF ME
01:18 - 32.370 WE HAVE ISSUES WHERE THE
01:18 - 33.980 ECONOMY IS DECEASED THAT
01:18 - 35.390 HAPPENS ALL THE TIME IN OUR
01:18 - 37.810 CASES IN THAT CASE A CREDITOR
01:18 - 40.510 CAN STEP IN BE APPOINTED AS THE
01:18 - 42.140 REPRESENTATIVE OF THE ESTATE.
01:18 - 46.450 IF IF NO ONE ELSE IS 9 TO DO
01:18 - 47.680 THAT. SO
01:18 - 49.260 THERE ARE THE NEWS, BUT I
01:18 - 51.260 THINK IT'S IT'S WHO WOULD BE
01:18 - 53.870 ABLE ACT ON BEHALF OF THE
01:18 - 55.740 CONDON A EITHER UNDER
01:18 - 58.260 GUARDIANSHIP SITUATION OR AN
01:18 - 59.740 EXECUTOR PERSONAL
01:18 - 01.060 REPRESENTATIVE OF THE STATE.
01:19 - 07.570 SO I GAINED WITH REGARD TO BE
01:19 - 10.740 ASSIGNMENT LANGUAGES. PARAGRAPH
01:19 - 13.250 9 IS NOT KINDS
01:19 - 14.960 TO CHOOSE WELL LANGUAGE IN
01:19 - 16.370 PARAGRAPH 9 CERTAINLY DOESN'T
01:19 - 17.720 COST YOU TO COME MEET
01:19 - 20.160 ASSIGNMENT. AS A TALENT IS
01:19 - 21.270 CONTENDING HERE.
01:19 - 25.870 IF YOU LOVE AND MISS DRAWN ALSO
01:19 - 27.760 POINTED US TO CARE ABOUT 11.
01:19 - 29.520 THERE ARE NOW 11 IS CLEARLY
01:19 - 31.310 AN ASSIGNMENT. IT'S TITLED
01:19 - 33.440 ASSIGNMENT AND HAD IS OBVIOUS
01:19 - 36.240 SIGN AND THE PROCEEDINGS AND
01:19 - 37.910 THAT IS WHAT A MORTGAGE SHE IS
01:19 - 38.880 ENTITLED TO.
01:19 - 41.260 THEY CAN RECEIVE ALL THE
01:19 - 43.130 PROCEEDS TO MAKE STANDS.
01:19 - 45.230 OUT THERE. YOU KNOW THE
01:19 - 47.370 MORTGAGE SATISFACTION. AND
01:19 - 48.700 THAT'S A THAT'S A COMPLETE
01:19 - 50.580 ASSIGNMENTS THAT LANGUAGE
01:19 - 52.450 VARIES GREATLY FROM THE
01:19 - 54.190 LANGUAGE IN PARAGRAPH 9.
01:19 - 58.330 AND APPEARING IN COURT. AND THE
01:19 - 00.140 ABILITY TO DO THAT I SAW
01:20 - 01.600 DIFFERENT PROCEEDINGS, IT'S NOT
01:20 - 03.660 JUST. CONDEMNATION AND BE A
01:20 - 06.750 BANKRUPTCY. SAYS PROVE AGE.
01:20 - 10.790 ALL KINDS OF THINGS IT'S NOT
01:20 - 11.990 SAYING BECAUSE THEY CAN APPEAR
01:20 - 12.470 IN COURT
01:20 - 14.480 THAT THEY CAN JUST STEP
01:20 - 15.100 WHEATLEY INTO
01:20 - 18.360 THE SHOES. ECONOMY AND AND
01:20 - 19.800 PROCEED AS IF THEY WERE THE
01:20 - 20.510 KIND OF ME.
01:20 - 25.010 >>EVEN EVEN WITH AN ASSIGNMENT,
01:20 - 25.480 THERE.
01:20 - 28.130 >>THEY HANDED THE REAL PARTY
01:20 - 30.050 AND INTEREST ISN'T THAT.
01:20 - 33.240 SIMON IS OF NEED STATUTORY
01:20 - 34.950 LANGUAGE WHICH IS VERY VERY
01:20 - 36.950 CLEAR IN THIS CASE IS.
01:20 - 39.230 ANNA I KNOW THIS COURT
01:20 - 41.770 HAS CONSISTENTLY CAUSES OF
01:20 - 43.600 ACTION RULES OF PROCEDURE AND
01:20 - 45.050 PLEADINGS WHICH TRY TO
01:20 - 46.780 CIRCUMVENT THE EMINENT DOMAIN
01:20 - 48.480 KURT OR IMPROPER,
01:20 - 50.660 AND I BELIEVE THAT'S EXACTLY
01:20 - 53.150 WHAT'S HAPPENING IS. THANK YOU.
01:20 - 54.050 >>THANK YOU.
01:20 - 01.390 >>DID YOU MURDER TIME DRY THEY
01:21 - 03.460 ARE RESERVED 2 MINUTES. I DON'T
01:21 - 04.090 TAKE A MINUTE.
01:21 - 07.280 THANK YOU USE ONE OR A DRESS A
01:21 - 09.060 COUPLE ISSUES IN THE
01:21 - 13.460 >>ARGUMENTS TROPHY INDICATED
01:21 - 14.720 THAT THEY WERE BEATEN SOUND
01:21 - 16.870 THAT RUNS. WE DO CONSIDER HIM
01:21 - 17.490 ANY RIGHTS.
01:21 - 21.320 >>THE WARNING SHE HAD NOT NEW
01:21 - 23.170 BASES TO WHICH TO TEST THEIR
01:21 - 25.300 ACTUAL TAKING. IN
01:21 - 27.400 WELL AS A RESULT, THE PAST FEW
01:21 - 29.350 TIMES SINCE ON THE NEED A
01:21 - 29.800 PROPERTY
01:21 - 33.280 OWNER BILL. WELL THEY WERE YOU
01:21 - 34.010 WILL DO IT.
01:21 - 37.010 SO WE ARE PROCESSING YOU YOUR
01:21 - 39.780 RIGHTS AND WE WILL SOON RISE.
01:21 - 42.780 I THINK
01:21 - 44.030 THE MORTGAGE IN THE DISCUSSION
01:21 - 46.240 ABOUT WHETHER THE WORK EVEN AS
01:21 - 47.910 THE SAME OR DIFFERENT FROM YOU.
01:21 - 49.220 ORDERS
01:21 - 51.260 AND ONE OF THE FAIR UNFAIRLY
01:21 - 53.150 FOLDERS WELL THE WORD WITCH
01:21 - 55.750 THEY'RE ACCEPTING ASSIGNMENT.
01:21 - 57.690 THEIR LEADER MORTGAGEE THAT HAS
01:21 - 58.480 A CONTRACT.
01:21 - 01.030 BETWEEN GOOD AND
01:22 - 02.880 WE'RE SURE IN THAT WHICH IS
01:22 - 04.660 WHAT MAKES MUCH DIFFERENCE TOO.
01:22 - 06.210 AND SO
01:22 - 09.520 MATT CONTRACT. A MORTGAGE FROM
01:22 - 10.840 WE SHOULD GET TO RIGHTS.
01:22 - 13.220 YOU'RE WE BELIEVE WE SIGN IT OR
01:22 - 15.560 RENT. SO THAT DISTINGUISHES
01:22 - 17.340 WERE TEA FROM THE MOTHER
01:22 - 19.400 TENSION POLLS, THE LOOSELY
01:22 - 21.590 HOLDER STILL WOULD GET NOTICES
01:22 - 22.900 OVERHEARING IF.
01:22 - 26.520 EDITION WERE YOU BRANDON
01:22 - 28.420 WE'RE HEARING. IT BRINGS US UP
01:22 - 29.750 8 THEY CAN INTERVENE IF THEY
01:22 - 31.830 WISH. I ASSUME THEY STILL WOULD
01:22 - 33.080 BE ABLE TO PROTECT THE RIGHTS
01:22 - 35.310 EVEN A PETITION. REPORTER HE
01:22 - 35.800 WAS BROUGHT
01:22 - 40.260 THE MORTGAGEE AS AS IN A SIGN
01:22 - 40.600 OF.
01:22 - 42.390 >>I MENTIONED HERE COUNCIL
01:22 - 44.180 WOULDN'T IT PROVIDE ALL THE
01:22 - 45.090 LIEN HOLDERS WITH AN
01:22 - 47.350 OPPORTUNITY TO INTERVENE SHOULD
01:22 - 49.230 THEY WISH TO DO SO IT.
01:22 - 50.610 >>IF THE.
01:22 - 54.000 >>IF SOMEONE HAS THE ABILITY TO
01:22 - 56.900 THIS BUT FOR THE BOARD
01:22 - 57.350 OF VIEW.
01:22 - 00.090 >>YES, I THINK SECTION 5 OR 6
01:23 - 01.130 OF THEM TO BE A QUICK DOUBLE.
01:23 - 04.530 IF WE WERE GRANTED. UP ON THE
01:23 - 06.210 BOARD OF VIEW THE BANK WOULD
01:23 - 06.530 HAVE TO
01:23 - 08.620 PROVIDE KNOWS. WELL THOSE WITH
01:23 - 11.160 INTEREST AND WHEN I MEAN THE
01:23 - 14.830 OWN GOALS THEY HAVE THE
01:23 - 16.870 OPPORTUNITY TO PARTICIPATE AND
01:23 - 19.290 WARREN ARE V. ONE WILL BE
01:23 - 20.120 THE QUARTER.
01:23 - 22.430 >>I THINK THE THEY'RE ALL
01:23 - 22.980 PROTECTED.
01:23 - 24.680 >>THE LAST THING I LIKE TO SAY
01:23 - 25.690 IS THAT THERE'S ABSOLUTELY
01:23 - 27.440 NOTHING IN THE STATUTE THAT
01:23 - 29.390 SAYS SIMON AND I'VE NOT SEEN
01:23 - 30.260 ANY CASE NOW.
01:23 - 34.070 BY THIS TROPHY OR BY A LITTLE
01:23 - 36.460 WORD IT SUGGESTS THAT AN
01:23 - 40.060 ASSIGNMENT SOMEHOW NOT
01:23 - 43.460 POSSIBLE FORMS. THE NOMINATION
01:23 - 45.950 CONE THERE'S NOT THEN SHOES
01:23 - 46.310 ARE.
01:23 - 50.450 SILENT ON THAT ISSUE IN
01:23 - 52.410 BIG BEAR. THE SILENCE
01:23 - 55.860 IS WORKING. AND A DIFFERENCE IN
01:23 - 57.200 FACT OF ASSIGNMENT WE'RE
01:23 - 58.960 SITTING IN THE SHOES AND ME
01:23 - 00.170 THEN WE SHOULD HAVE ALL THE
01:24 - 01.640 RIGHTS THE COMPANY WOULD HAVE
01:24 - 03.180 WHICH WOULD INCLUDE FILING
01:24 - 05.000 PETITIONS BEST MOVE THAT.
01:24 - 11.110 >>THIS WEEK ON PA BOOKS.
01:24 - 14.180 >>EISENHOWER WAS THE BASICALLY
01:24 - 14.630 BLUFF AND THE
01:24 - 16.430 NUCLEAR WEAPONS. SO HE
01:24 - 18.270 BASICALLY SENDS THE MESSAGE OUT
01:24 - 20.280 TO THE SOVIETS DON'T EVEN THINK
01:24 - 20.760 ABOUT.
01:24 - 23.830 AND NOW WE WOULD
01:24 - 25.820 HE HAVE USED THESE WEAPONS AND
01:24 - 27.970 VARIOUS CIRCUMSTANCES WHO KNOWS
01:24 - 28.800 HE WAS NEVER
01:24 - 30.560 TO EXPLICIT ABOUT IT, BUT HE
01:24 - 32.260 REALLY RAN A YEAR BLUFF.
01:24 - 34.740 EVAN THOMAS, THE AUTHOR OF
01:24 - 37.700 IKE'S BLUFF. SUNDAY AT 07:00PM.
01:24 - 45.290 >>NUMBER 48. THAT SAYS AN
01:24 - 50.300 APPEAL OF AND THE USA I HAD
01:24 - 50.740 THERE.
01:24 - 54.990 THE ADDITION OR IS THE
01:24 - 56.480 PENNSYLVANIA CORPORATION THAT
01:24 - 57.870 PROVIDES RESEARCH AND
01:24 - 59.700 DEVELOPMENT SERVICES WHICH
01:24 - 02.680 INCLUDE IP ACCOUNTING AND HUMAN
01:25 - 03.640 RESOURCES
01:25 - 06.060 OR THE PETITIONER PROVIDE
01:25 - 08.130 SERVICES AND SEVERAL 8
01:25 - 09.490 AND A PORTION OF THAT THING
01:25 - 11.390 COME TO EAT SAY BY USING
01:25 - 12.370 PAYROLL.
01:25 - 14.740 THEY'LL AND PASS A
01:25 - 17.440 PROPERTY LOCATION. AT ISSUE IN
01:25 - 19.190 THIS TAX APPEAL IS THE
01:25 - 22.080 FAILED FACTOR. AND THEY'LL TAKE
01:25 - 24.000 PLACE IN PENNSYLVANIA IF MOST
01:25 - 25.740 OF THE ACTIVITY THAT GENERATES
01:25 - 27.040 THAT THEY'LL TAKE PLACE
01:25 - 28.750 HERE THE
01:25 - 30.680 DEPARTMENT RE AND INCOME
01:25 - 32.920 PRODUCING ACTIVITY HAS LOCATED
01:25 - 33.410 WHERE
01:25 - 36.460 THE TIME OR RECEIVE THE BENEFIT
01:25 - 40.130 OF MR. THEN THE TAXPAYER FILED
01:25 - 42.310 YOUR TAX REFUND THAT WAS DENIED
01:25 - 43.630 BY THE BOARD OF FINANCE
01:25 - 46.010 REVENUE. THE ATTORNEY GENERAL
01:25 - 47.870 DEFENDS THAT RULING ARGUING
01:25 - 49.450 THAT THE DEPARTMENT OF REVENUE
01:25 - 50.250 WITH INCORRECT
01:25 - 53.330 AND HERE. WELL BENEFIT RED SEA
01:25 - 55.620 AND QUOTE METHODOLOGY THE
01:25 - 58.050 DEPARTMENT AND ADDITION TO
01:25 - 58.860 INTERVENE.
01:25 - 02.200 THE PETITIONER KANSAS ARGUES
01:26 - 04.130 THAT IT IS ENTITLED TO A REFUND
01:26 - 06.290 BASED ON THE DEPARTMENT POLICY
01:26 - 08.150 AND PRACTICE WHAT A TREAT THE
01:26 - 09.510 LOCATION OF THE BENEFIT
01:26 - 11.630 RECEIVED HAS BEEN POSITIVE
01:26 - 13.650 AND ALSO WHAT ARE THE RIGHT TO
01:26 - 15.540 A REFUND UNDER THE UNIFORM OF
01:26 - 17.270 THE FOG OF THE PENNSYLVANIA
01:26 - 18.260 CONSTITUTION.
01:26 - 21.210 THE DEPARTMENT HAS FILED A
01:26 - 22.690 PETITION TO INTERVENE IN THE
01:26 - 24.610 MATTER IN ORDER TO A DRAFT.
01:26 - 27.240 THE APPLICATION OF THE FAILED
01:26 - 29.210 OF IT FAILS FACTOR
01:26 - 30.470 APPORTIONMENT RULE.
01:26 - 33.440 BECAUSE WE HAVE A VERY
01:26 - 34.800 INTERESTING CASE HERE
01:26 - 37.520 WHERE THE THE COMMONWEALTH IS
01:26 - 39.610 REPRESENTED BY THE OFFICE OF
01:26 - 40.810 ATTORNEY GENERAL AND THE
01:26 - 43.210 DEPARTMENT OF REVENUE IS AT THE
01:26 - 44.520 TISCH AND ENTERING.
01:26 - 47.460 WE'RE GOING TO PROCEED A LITTLE
01:26 - 48.960 BIT DIFFERENTLY THAT APARTMENT
01:26 - 50.730 OF REVENUE. WELL
01:26 - 53.190 OUR UBER AND WE'LL BE ALLOCATED
01:26 - 53.950 7 MINUTE.
01:26 - 56.080 THE BRITON ARGUMENT ON ITS
01:26 - 59.120 APPLICATION OR SPECIAL RELATED
01:26 - 59.910 FROM THE NATURE OF
01:26 - 02.690 INTERVENTION. AS WELL AS ON THE
01:27 - 06.470 MERITS. BE TAXPAYER PETITION
01:27 - 07.320 FOR REVIEW.
01:27 - 10.410 THE OFFICE OF ATTORNEY GENERAL
01:27 - 12.080 AND B
01:27 - 14.510 TAX PAYER INPUT WILL EACH BE
01:27 - 16.730 ALLOCATED 20 MINUTE. THEY ARGUE
01:27 - 19.820 THE MERIT. THE TAX REFUND AS
01:27 - 21.730 WELL AS THE DEPARTMENT
01:27 - 22.470 INTERVENTION.
01:27 - 26.080 THEN SAYS ALONE MAY RIVER
01:27 - 29.100 PORTION OF ANY TIME OR REMODEL.
01:27 - 33.490 THAT WOULD THAT WE ALL AND BY
01:27 - 36.350 THE DEPARTMENT TO THEY CAN'T
01:27 - 36.670 PAY.
01:27 - 39.910 >>THANK YOU AND MAY IT PLEASE
01:27 - 41.500 THE COURT. MY NAME IS KENNETH
01:27 - 43.210 COLE AND DEPUTY GENERAL COUNSEL
01:27 - 45.170 AND I'M HERE ON BEHALF OF THE
01:27 - 46.160 DEPARTMENT OF REVENUE.
01:27 - 52.130 UNDER OUR CONSTITUTION.
01:27 - 54.100 THE GOVERNOR ESTABLISHED AS THE
01:27 - 55.520 SUPREME EXECUTIVE AND IS
01:27 - 56.560 CHARGED WITH FAITHFULLY
01:27 - 57.760 EXECUTING THE LAWS OF THE
01:27 - 59.140 COMMONWEALTH. THIS IS
01:27 - 00.410 ACCOMPLISHED OR A VARIETY OF
01:28 - 01.950 THE EXECUTIVE AGENCIES UNDER
01:28 - 03.360 HIS JURISDICTION AND THE
01:28 - 04.670 DEPARTMENT OF REVENUE IS HE
01:28 - 05.760 COULD ACTIVE AGENCY THAT
01:28 - 07.970 ADMINISTERS APPLIES IMPLEMENTED
01:28 - 09.480 INTERPRETS PENNSYLVANIA'S TAX
01:28 - 10.940 CODE. IN
01:28 - 13.000 LATE JANUARY LHE FILED
01:28 - 14.980 ITS BRIEF PUBLICLY ARGUED THAT
01:28 - 16.320 THE ARES NOT THEIR CLIENT FOR
01:28 - 17.930 ATTACKS KILLS AND THAT THE ARTS
01:28 - 19.940 INTERPRETATION IS WRONG RIPLEY
01:28 - 21.630 WITH GLARING ERRORS UNTITLED
01:28 - 23.780 DIFFERENCES THE SENTENCE FOR
01:28 - 25.720 ITS PART HAS NOT ARTICULATED A
01:28 - 27.430 FULSOME STATUTORY ANALYSIS
01:28 - 28.030 RELIES ON
01:28 - 30.390 UNIFORMITY CONCEPTS. THE OWNER
01:28 - 32.000 SEEKS TO INTERVENE TO ADVANCE
01:28 - 32.890 ITS INTERPRETATION,
01:28 - 34.090 PENNSYLVANIA TAX LAW
01:28 - 36.020 THAT HAS BEEN APPLIED BY DR.
01:28 - 37.920 FOR DECADES APPLIED BY THE
01:28 - 39.190 COURT OF APPEALS FOR DECADES
01:28 - 40.640 SUPPLY FOR THE PORT OF FINANCE
01:28 - 42.170 REVENUE FOR DECADES AND APPLIED
01:28 - 43.260 BY THE AUDITOR GENERAL
01:28 - 45.160 FOR DECADES. IT'S A POSITION
01:28 - 46.520 THAT'S CONSISTENT BECAUSE OUR
01:28 - 47.420 SUPREME COURT GIVE
01:28 - 49.440 MORE DECISION UNDER UNIFORMITY
01:28 - 51.470 CLAUSE AND ANALOGOUS CASES FROM
01:28 - 52.250 OTHER STATES.
01:28 - 55.450 THE DEPARTMENT'S POSITION THAT
01:28 - 56.560 ITS INTERPRETATION SHOULD BE
01:28 - 57.160 ADOPTED.
01:28 - 59.780 AS YOU MENTIONED I'M GOING TO
01:28 - 01.000 DISCUSS INTERVENTION AND THE
01:29 - 02.950 SUBSTANTIVE MATTER. I WANT TO
01:29 - 03.840 QUICKLY HIGHLIGHT A
01:29 - 05.230 PRESIDENTIAL OPINION THAT WAS
01:29 - 06.690 ISSUED JUST LAST FRIDAY
01:29 - 08.060 THAT COULD PROVIDE A WAY FOR
01:29 - 09.630 THIS COURT DISPOSE OF DISAPPEAR
01:29 - 10.700 WITHOUT NEEDING TO RENDER A
01:29 - 11.360 DECISION ON THE
01:29 - 12.910 REPRESENTATIONAL ISSUES
01:29 - 14.960 INJECTED THROUGH AGEE'S BRIEF.
01:29 - 16.260 INDIAN
01:29 - 18.080 OUR SPORTS. THIS COURT
01:29 - 19.520 CONCLUDED THAT A STATUTORY
01:29 - 20.880 INTERPRETATION POSITION
01:29 - 22.600 RELATING TO THE PA TAX CODE
01:29 - 23.350 WOULD NOT
01:29 - 24.950 BE CONSIDERED BECAUSE THE
01:29 - 26.140 ARGUMENT WAS NOT RAISED DURING
01:29 - 27.110 THE ENVIRONMENT DURING THE
01:29 - 28.610 ADMINISTRATIVE PROCEEDINGS.
01:29 - 30.510 THIS COURT RELIED ON A
01:29 - 32.240 PRESIDENTIAL OPINION ON RULES,
01:29 - 35.780 1551 IN 1571 OF THE RULES FOR
01:29 - 37.900 APPELLATE PROCEDURE. HERE
01:29 - 38.980 LOOKING AT THE B O
01:29 - 41.880 A ORDER QUOTE DO OUR POSITION
01:29 - 42.930 IS THAT INCOME PRODUCING
01:29 - 44.270 ACTIVITY IS TO RECEIVE THE
01:29 - 46.880 BENEFIT RECEIVED FAR AS ORDER
01:29 - 48.700 QUOTE CINDY'S AGREES WITH THE B
01:29 - 49.760 O A POSITION THAT
01:29 - 51.270 INCOME-PRODUCING ACTIVITY IS
01:29 - 52.480 WHERE THE BENEFIT IS RECEIVED.
01:29 - 54.870 BUT SIMPLY NO PARTY IN THE
01:29 - 56.030 MINUTES LATER PROCEEDING,
01:29 - 58.300 PRESENTED. THE ATTORNEY
01:29 - 59.850 GENERAL'S INTERPRETATION OF THE
01:29 - 01.990 STATUTE ISSUE SINCE IT WASN'T
01:30 - 03.600 BROUGHT UP AND THEN THEY GET IN
01:30 - 04.710 THERE. IT SHOULDN'T BE
01:30 - 05.580 CONSIDERED HERE.
01:30 - 07.960 COMING ON TO THE
01:30 - 09.670 INTERVENTION AS I MENTIONED IT
01:30 - 10.960 IS THE DEPARTMENT OF REVENUE
01:30 - 12.270 THAT IS THE EXECUTIVE AGENCY
01:30 - 12.890 CHARGED WITH
01:30 - 15.010 THE ADMINISTRATION. APPLICATION
01:30 - 15.930 IMPLEMENTATION AND
01:30 - 17.570 INTERPRETATION TAX CODE.
01:30 - 19.730 THE ONLY PARTIES TO THE BFR
01:30 - 20.950 MATTER WHERE YOU ARE
01:30 - 23.900 IN 70'S IN LATE JANUARY AT AGEE
01:30 - 24.880 FILED ITS BRIEF.
01:30 - 27.300 ON THE HEELS OF THAT WE TIMELY
01:30 - 29.290 FILED OR APPLICATION INTERVENE.
01:30 - 31.160 AND SETTING FORTH ARE
01:30 - 32.240 SUBSTANTIVE POSITION ON THE
01:30 - 34.480 TAX ISSUE. WE DID THAT BECAUSE
01:30 - 35.870 WE ARE THE EXECUTIVE AGENCY
01:30 - 37.530 CHARGED WITH THE ADMINISTRATION
01:30 - 39.050 OCCASION IMPLEMENTATION AND
01:30 - 40.610 INTERPRETATION OF THE TAX CODE.
01:30 - 43.210 AND WE SHOULD BE ALLOWED TO
01:30 - 45.080 ADVANCE OUR STATUTORY ARGUMENT
01:30 - 46.660 AS I NOTED HER POSITION HAS
01:30 - 49.140 BEEN THIS WAY FOR YEARS IN THE
01:30 - 51.090 AIRWAYS FOR YEARS THE FN OURS
01:30 - 52.270 FOR YEARS, THE AUDITOR
01:30 - 53.740 GENERAL'S FOR YEARS, IT'S
01:30 - 55.100 CONSISTENT WITH GILMORE AND THE
01:30 - 56.370 UNIFORMITY CLAUSE.
01:30 - 58.940 IN RESPONSE TO OUR APPLICATION
01:30 - 00.340 INTERVENE THE OFFICE OF
01:31 - 01.660 ATTORNEY GENERAL DIDN'T FILE
01:31 - 03.260 ANYTHING SO THAT HER POSITION
01:31 - 04.500 THEY'VE WAIVED ANY OPPOSITION
01:31 - 06.840 TO IT. AS FOR SENT THESE WHEN
01:31 - 08.410 THEY CLAIM IS PREJUDICED, BUT I
01:31 - 09.520 REALLY DON'T SEE
01:31 - 12.800 FRANKLY WE'RE NOT LOOKING TO
01:31 - 14.510 REVISIT THE STIPULATION ANY OF
01:31 - 16.360 THE UNDERLYING FACTS OR
01:31 - 17.670 REOPEN THE RECORD IN ANY WAY
01:31 - 18.450 SHAPE OR FORM.
01:31 - 20.950 IN FACT WE FILED INTERVENTION
01:31 - 22.420 ALONG WITH OUR SUBSTANTIVE
01:31 - 23.530 GREAT TO STREAMLINE THIS
01:31 - 25.330 PROCESS. IT SENT HE SAID
01:31 - 26.550 PROVIDED THE SAME EVIDENCE
01:31 - 28.130 BEFORE BLA NAMED PFA NOW ARE
01:31 - 28.680 REALLY FOR HAVE
01:31 - 30.330 BEEN PROVIDED UNDER OUR
01:31 - 31.410 INTERPRETATION THAT WOULD BE
01:31 - 32.750 ENTITLED TO RELAX, I DON'T SEE
01:31 - 36.740 HOW THERE'S PREJUDICE TO THEM.
01:31 - 38.960 AND OUR POSITION ON
01:31 - 40.790 INTERVENTION IS CONSISTENT NOT
01:31 - 42.360 ONLY WITH THE COMMONWEALTH
01:31 - 43.320 ATTORNEY'S ACT, BUT WITH THE
01:31 - 45.160 TRIMET OR DECISION WHEN THIS
01:31 - 46.290 COURT IN A PRESIDENTIAL
01:31 - 47.900 OPINION. THE JUDGE
01:31 - 49.880 BROBSON WROTE KAMALL TO TURN
01:31 - 51.690 ITS ACT IS NOT PASSED THE LHE
01:31 - 52.970 WITH THE ADMINISTRATIVE AGENCY
01:31 - 54.390 POWER TO INVESTIGATE OR OF
01:31 - 55.740 COURSE A PARTICULAR STATUTE.
01:31 - 57.730 AND IT DOES NOT PASSED WITHIN
01:31 - 59.340 THE A G ANY POWER TO BECOME THE
01:31 - 01.460 AGENCY ITSELF ONLY TO SERVICE
01:32 - 03.080 THE AGENCY'S LAWYER IN ACTION
01:32 - 03.910 SALON EQUITY.
01:32 - 06.920 THIS IS NOT AN ACTION AND LAURA
01:32 - 07.640 EQUITY IS
01:32 - 10.150 AN APPEAL. THE APPEAL HAS SAID
01:32 - 11.620 ACTION IS SPECIFICALLY DEFINED
01:32 - 13.830 IN THE STATUTE AS HIS MATTER.
01:32 - 16.120 AND NOTABLY MATTER USES THE
01:32 - 18.270 WORD ACTION OR APPEALS. SO
01:32 - 19.150 CLEARLY THEY'RE DIFFERENT
01:32 - 20.740 THINGS SO ALSO IS IN THE
01:32 - 22.330 COLLECTION CASE
01:32 - 23.430 COLLECTION IS WHAT YOU HAVE A
01:32 - 24.910 FINAL JUDGMENT AND THERE'S BEEN
01:32 - 25.970 NO APPEALS.
01:32 - 28.180 COLLECTIONS WITH THE ATTORNEY
01:32 - 29.520 GENERAL GO TO A SEPARATE
01:32 - 31.080 SECTION WITHIN THE OFFICE NOT
01:32 - 32.180 THE TAX LET'S SECTION THE
01:32 - 32.700 FINANCIAL
01:32 - 35.070 ENFORCEMENT SECTION AND THE
01:32 - 36.910 COLLECTION HAS TO BE REFERRED
01:32 - 38.530 OVER BY THE AGENCY.
01:32 - 40.950 AGAIN SHOWING THAT THE AGENCY
01:32 - 42.760 IS THE ENTITY HERE DR. THAT HIS
01:32 - 45.560 CLIENT. ON THE TAX ISSUE.
01:32 - 47.190 WE
01:32 - 47.970 BELIEVE THAT
01:32 - 50.570 OUR INTERPRETATION OF
01:32 - 51.980 INCOME-PRODUCING ACTIVITY
01:32 - 53.310 PERFORMED WHICH IS REALLY WHAT
01:32 - 55.160 ISSUE IN THIS CASE AT ISSUE IN
01:32 - 57.110 THIS CASE IS IT'S ENTITLED TO
01:32 - 57.750 DEFERENCE.
01:32 - 00.000 WE'RE TALKING ABOUT TAX YEAR
01:33 - 01.560 2011 AND FOR THAT YEAR THE
01:33 - 03.320 APPORTIONMENT WAS 5 TIMES THE
01:33 - 05.370 PROPERTY FACTOR PLUS 5 TIMES
01:33 - 07.800 PAYROLL FACTOR. PLUS 90 TIMES
01:33 - 09.420 THE SALES FACTOR ALL DIVIDED BY
01:33 - 09.960 A 100.
01:33 - 12.240 OUR TAX CODE DEFINE SALES
01:33 - 13.800 FACTOR AS A FRACTION THE NEW
01:33 - 15.500 BREED OF WHICH IS TOTAL SALES
01:33 - 17.020 OF THE TAXPAYER. THE STATE.
01:33 - 18.560 DURING THE TAX PERIOD AND THE
01:33 - 19.880 NOMINATOR WHICH THE TOTAL
01:33 - 21.460 SALES, THE TAXPAYER EVERYWHERE
01:33 - 23.550 DURING THIS TAX PERIOD. AS I
01:33 - 24.910 MENTIONED OUR SUPREME COURT
01:33 - 27.180 GILMORE FLUSHED OUT WHAT IS
01:33 - 27.580 MEANT BY
01:33 - 29.530 SALES FACTOR. IT'S AN
01:33 - 30.990 APPORTIONMENT STATUTES
01:33 - 32.340 PERMITTING A CORPORATION TO
01:33 - 33.970 APPORTION SALES FOR PURPOSES OF
01:33 - 36.130 CNI ARE DESIGNED TO REPRESENT
01:33 - 37.490 THE CONTRIBUTION OF VARIOUS
01:33 - 39.040 CONSUMERS AND PURCHASERS IN THE
01:33 - 40.630 ENTITY THAT OVERALL SALES THE
01:33 - 41.680 COURT SPECIFICALLY IN
01:33 - 43.230 PENNSYLVANIA, THE NUMERATOR
01:33 - 45.110 OF THE SALES FACTOR REPRESENTS
01:33 - 46.190 THE CONTRIBUTION OF CAN
01:33 - 47.920 CONSUMERS AND PURCHASERS TO THE
01:33 - 48.900 ENTITY SALES.
01:33 - 50.400 WELL TO NOMINATE A REPRESENTS
01:33 - 51.460 THE CONTRIBUTION OF ALL
01:33 - 53.200 CONSUMERS AND PURCHASERS.
01:33 - 54.830 IN OTHER WORDS HER GILMORE, THE
01:33 - 56.620 SALES FACTOR CONCEPT IS TIED TO
01:33 - 57.990 THE BENEFIT RECEIVES
01:33 - 59.470 THEY THINK OF THIS IF I'M ARE
01:33 - 02.710 RECEIVING SIRIUSXM SERVICES ALL
01:34 - 04.210 THE OPERATIONAL THINGS IN THE
01:34 - 06.460 WORLD DON'T PRODUCE REVENUE
01:34 - 08.530 PERFORMED IS NOT DEFINED
01:34 - 10.320 PERFORMED AS COMMON DEFINITION
01:34 - 12.240 IS COMPLETED. THE TRANSACTION
01:34 - 14.020 IS FINISHED. THAT'S WHERE I GET
01:34 - 16.020 THE SIGNAL. THAT'S WHERE I GET
01:34 - 18.070 THE BENEFIT. ALL OF THE SALE.
01:34 - 20.500 AND IF I DON'T GET THE
01:34 - 22.210 SIGNAL FROM MY EX AND SERIOUS
01:34 - 23.620 MY CAR. I
01:34 - 25.690 DON'T HAVE I'M NOT GETTING NO
01:34 - 27.590 BENEFIT AND THERE IS NO INCOME
01:34 - 29.030 PRODUCING ACTIVITY ALL THAT
01:34 - 30.650 ACTIVITY THAT OPERATIONAL ALL
01:34 - 32.360 THAT ACTIVITY THAT BACK ROOM.
01:34 - 35.280 MAY OR MAY NOT PRODUCE. IT MAY
01:34 - 37.060 BE INCOME ASSISTING, BUT IT'S
01:34 - 38.520 NOT INCOME PRODUCING THAT IS
01:34 - 39.210 PERFORMED.
01:34 - 42.320 IN OUR BRIEF WE SAID IN MANY
01:34 - 44.050 CASES WITH THE SAME HOLDING IT
01:34 - 46.250 IN FACT WAS ONE JUST AFTER LAST
01:34 - 47.750 MONTH OUT OF TEXAS TAKE OUR
01:34 - 50.060 PURSES SIRIUSXM INCOME
01:34 - 52.350 PRODUCING THAT'S WHEN THIS WAS
01:34 - 53.940 AN XM CASE WHERE THE SIGNAL
01:34 - 55.750 WAS RECEIVED WITH THE RECEIPT
01:34 - 57.350 PRODUCING AND PRODUCT ACT IS
01:34 - 58.420 THE PROPER STANDARD FOR
01:34 - 00.180 DETERMINING WHERE QUOTE
01:35 - 02.140 SERVICES PERFORMED. YEAH,
01:35 - 04.200 OUR INTERPRETATION IT'S
01:35 - 05.440 CONSISTENT WITH OUR SUPREME
01:35 - 07.120 COURT'S HIGHLIGHTING AND
01:35 - 08.770 FLUSHING OUT OF THE CONCEPT IN
01:35 - 10.850 GILMORE. IT ALSO IS CONSISTENT
01:35 - 12.180 WITH UNIFORMITY CLAUSE WHICH
01:35 - 14.010 MANY OF THE STATES DO NOT HAVE.
01:35 - 15.650 IT'S ALSO CONSISTENT WITH MANY
01:35 - 16.950 CASES IF IF.
01:35 - 20.260 CHEESE POSITION IS CORRECT THAT
01:35 - 21.410 ONE IS INCONSISTENT WITH
01:35 - 22.650 GILMORE AND IT'S ALSO
01:35 - 24.380 INCONSISTENT WITH.
01:35 - 30.000 UNIFORMITY CLAUSE BECAUSE WE
01:35 - 31.610 WOULD BE TREATING BUSINESSES
01:35 - 32.760 DIFFERENTLY DEPENDING ON WHAT
01:35 - 33.300 THEY'RE SELLING.
01:35 - 36.230 I SEE MY LIGHT IS FLASHING SO
01:35 - 37.780 IN SUMMARY OUR WE RESPECTFULLY
01:35 - 39.860 REQUEST THAT DR. BE GREAT IN
01:35 - 41.890 THE CONVENTION AND THAT ITS TAX
01:35 - 43.270 POSITION ON THE RELEVANT TAX
01:35 - 44.180 ISSUE AND
01:35 - 46.000 ITS TAX. THE INTERPRETATION OF
01:35 - 47.100 THE RELEVANT TAXES SHOULD BE
01:35 - 48.150 ADOPTED. THANK YOU.
01:35 - 56.180 >>ALL RIGHT MR. YEAH, WELL.
01:35 - 58.380 >>AND GOOD MORNING,
01:35 - 00.140 YOUR HONORS. IT PLEASE THE
01:36 - 01.940 COURT. MY NAME IS FRANK AL
01:36 - 03.200 NEARLY HALF OF THIS YEAR.
01:36 - 06.260 SUNDAY'S USA EACH SHOE. 10
01:36 - 06.840 DAYS.
01:36 - 08.830 I UNDERSTAND I 20 MINUTES FOR
01:36 - 09.950 ARGUMENT AND I'M GOING TO
01:36 - 12.080 RESERVE 5 MINUTES. WE'RE ABOUT.
01:36 - 17.090 BEFORE ADDRESSING
01:36 - 18.410 THE MARRIAGES IN THIS CASE, I'D
01:36 - 19.840 LIKE TO BRIEFLY ADDRESS THE
01:36 - 20.970 DEPARTMENT'S REQUEST
01:36 - 26.010 YOU CAN BUY WAITING BARGE
01:36 - 28.130 ACTIONS ARE DIRECTORS SHOULD.
01:36 - 31.900 WE'RE ACTUALLY POSE ANIMATION
01:36 - 34.060 IT INTERVENTION. THE COURT HAS
01:36 - 35.150 INDICATED IT WAS INTERESTED IN
01:36 - 35.810 HEARING ARGUMENTS.
01:36 - 38.620 AND THE ATTORNEY GENERAL
01:36 - 39.940 SESSIONS INTERPRETATION.
01:36 - 43.530 AND IN ADDITION FOR THAT MATTER
01:36 - 44.090 WHICH
01:36 - 46.480 AGENCIES INTERPRETATION WAS
01:36 - 48.110 ENTITLED TO TRUMP GIVE OTHER
01:36 - 51.400 AGENCIES SHES. SO WITH THAT
01:36 - 52.110 WE'LL LEAVE IT TO THE
01:36 - 53.520 DEPARTMENT AND HE TURNED
01:36 - 54.980 GENERAL, ARTICULATE THEIR
01:36 - 56.850 RESPECTIVE INTERPRETATIONS IN
01:36 - 57.460 THIS REGARD.
01:36 - 00.240 SUNDAY'S PRIMARY INTEREST IN
01:37 - 02.340 THIS CASE SHE TREATED FAIRLY
01:37 - 04.520 UNIFORMLY ALL OTHERS IN MY
01:37 - 07.000 SITUATION, TAXPAYERS. SO THIS
01:37 - 07.690 CASE INVOLVES A
01:37 - 09.620 LEGAL QUESTION WHETHER SUNDAY'S
01:37 - 11.270 AND I YOU KNOW SALES TRACKER
01:37 - 13.970 THE 2011 TAX YEAR. IMPORTANCE
01:37 - 15.700 WITH THE LIVER CONSISTENT ALL
01:37 - 17.530 SEASON. SOME
01:37 - 19.600 PERSON TEAM. IT'S NOT AN ATTACK
01:37 - 21.140 STATUTE AT ISSUE HERE SOME
01:37 - 23.420 HER 17 LAYS OUT THE ELEMENTS
01:37 - 24.330 FOR SOURCING ITS
01:37 - 26.530 HEALTH SERVICES, THE APARTMENTS
01:37 - 27.700 AS YOU HEARD FROM STURGEON ALL
01:37 - 28.520 DEPARTMENTS, DELIVERING
01:37 - 30.350 CONSISTENT POLICY, HUNDREDS OF
01:37 - 32.370 PARENTS AND TEENS MINA'S HEALTH
01:37 - 33.680 SERVICES IN PENNSYLVANIA.
01:37 - 35.440 ONLY WHEN THE CUSTOMER RECEIVES
01:37 - 38.050 THAT IS A SERVICE YET JUST AS A
01:37 - 41.030 COURTESY. AGAIN YOU HEARD
01:37 - 41.630 IT DEPARTMENT.
01:37 - 43.820 THIS PLAN AND SOME OF THE
01:37 - 46.030 ATTACK NATASHA HOW IS
01:37 - 47.900 INTERPRETATION OF SOME PARTS OF
01:37 - 48.390 HIS TRUCK.
01:37 - 50.610 WE FULLY EXPECT THAT YOU'LL
01:37 - 51.600 HEAR FROM THE DEPUTY ATTORNEY
01:37 - 53.030 GENERAL, THE SLAIN HIS
01:37 - 55.450 INTERPRETATION. A 7TH PERSON IN
01:37 - 56.300 AND HELP THAT'S CORRECT.
01:37 - 59.080 YET DESPITE TO THE OTHER
01:37 - 00.970 PARTICIPANTS HERE TODAY FRAMING
01:38 - 02.460 THIS CASE IS A TECHNICAL
01:38 - 04.450 TAX ISSUE IN THIS CASE IS
01:38 - 06.660 REALLY JUST A MAGISTRATE FOR
01:38 - 09.350 APPLICATION. A UNIFORM BECAUSE
01:38 - 10.550 AND THAT'S WHEN IT COMES TO
01:38 - 13.630 SHOES, THEY LET YOU GO I CAN I
01:38 - 14.120 INTERRUPT.
01:38 - 15.250 >>WE URGE I JUST WANT TO MAKE
01:38 - 16.660 SURE I UNDERSTAND TO BE HERE
01:38 - 17.710 BECAUSE I THINK
01:38 - 20.420 THAT IS IF I UNDERSTAND HOW THE
01:38 - 22.010 ALIGNMENT WORKS HERE
01:38 - 26.270 IS IT BF AND ARE APPLIED
01:38 - 29.810 THE DEPARTMENTS. METHODOLOGY IS
01:38 - 31.370 THE METHODOLOGY HAS BEEN USED.
01:38 - 34.430 FOR YEARS IF NOT DECADES.
01:38 - 36.260 NO
01:38 - 37.950 ONE BELOW CHALLENGE THAT
01:38 - 39.400 METHODOLOGY AS BEING
01:38 - 41.050 CONTRATISTA THAT YOU NOT
01:38 - 42.360 BELIEVE THAT THE COMMON ABOUT
01:38 - 43.580 THE COMMONWEALTH CERTAINLY DID
01:38 - 44.540 NOT CHALLENGE
01:38 - 46.950 THAT MAN DID ALLAH G IN FRONT
01:38 - 48.060 OF THE F AND R.
01:38 - 50.550 WE ARE NONETHELESS
01:38 - 52.030 RULED AGAINST YOU I THINK ON
01:38 - 53.860 EVIDENTIARY OFF ON AN ADVENTURE
01:38 - 56.110 I THINK SO REALLY FOR PURPOSES
01:38 - 57.790 OF YOUR APPEAL YOUR APPEALED
01:38 - 00.820 SIMPLY AN EVIDENTIARY ARGUMENT
01:39 - 02.250 AT THIS POINT IN TIME.
01:39 - 04.660 AND THE TRUE LEGAL DISPUTE IF
01:39 - 05.760 THERE IS IS IS
01:39 - 08.840 REALLY BETWEEN THE DEPARTMENT
01:39 - 10.570 OF REVENUE AND THE
01:39 - 12.280 ATTORNEY GENERAL IT'S BEEN MY
01:39 - 13.680 CORRECT IN SORT OF RAISING
01:39 - 14.680 WHERE WE ARE AT THIS POINT.
01:39 - 16.910 >>YES, SURE THAT'S HOW WE SEE
01:39 - 18.150 THIS CASE THAT I COULD ADD
01:39 - 20.800 AS FAR AS THE EVIDENT RE MATTER
01:39 - 22.500 YOU'RE EXACTLY RIGHT FOR BILLS
01:39 - 23.980 OR SLASH FRESNO L
01:39 - 26.240 AND IT'S RECEIVED TEST TONIGHT
01:39 - 28.150 IS BECAUSE OF THE GRAND JURY IN
01:39 - 29.540 THE COUNTRY PARK. IT'S
01:39 - 31.720 DIFFERENT NOW IT'S COMMON WELL
01:39 - 33.000 HAS AGREED AND IS NOW
01:39 - 34.650 STIPULATED WE'VE MET OUR
01:39 - 36.340 DETENTION OR THE OTHER AND IT
01:39 - 36.500 IS.
01:39 - 43.500 >>SO THE
01:39 - 45.730 ONLY KNOW SO YOU BASICALLY
01:39 - 46.930 BASED ON THE STIPULATIONS YOU
01:39 - 48.260 RECEIVED FROM THEM.
01:39 - 49.950 THE COMMONWEALTH IN FRONT OF US
01:39 - 52.020 WE REVIEW THAT THE NO VOTE SO
01:39 - 53.660 YOU KNOW WE WE CAN LOOK AT
01:39 - 57.420 NEW FACTS. IF MISTER DOLE IS
01:39 - 59.830 CORRECT. THE U N.
01:40 - 04.580 >>MISTER DOLLARS CORRECT OKAY
01:40 - 06.810 IF WE WIN AND EVEN IF THE COURT
01:40 - 07.470 WERE TO SIDE
01:40 - 10.210 THAT MISTER MCCONNELL TO HURT
01:40 - 11.620 HAITIAN WAS CORRECT. WE STILL
01:40 - 13.730 THINK WE WIN BUT RATHER AND ARE
01:40 - 15.400 YOU SORRY, NOT TRUE.
01:40 - 18.610 ASIANS STRETCHES OF I R.
01:40 - 25.670 AND I JUST SAID WE DON'T THINK
01:40 - 26.800 THAT TO DECIDE THIS ISSUE.
01:40 - 29.100 THIS COURT. THERE'S NOT NEED TO
01:40 - 30.860 DECIDE WHO WINS THE SPARRING
01:40 - 32.380 MATCH BETWEEN DEPARTMENT OF
01:40 - 33.740 REVENUE AND THE ATTORNEY
01:40 - 34.900 GENERAL THE COURT
01:40 - 36.240 SIMPLY NEEDS TO HOLD THAT
01:40 - 38.390 SUNDAY'S LOSS THE SAME RECEIVE
01:40 - 39.500 THE SAME TREATMENT AT ALL
01:40 - 41.410 SIMILARLY SITUATED TAXPAYERS
01:40 - 43.470 DOLLARS. AND THEY ARE JUST A
01:40 - 44.680 LITTLE BIT FUN AND UNIFORMITY
01:40 - 47.090 CLAUSE. YOU KNOW THIS COURT HAS
01:40 - 50.130 HAD JAY DO THE UNIFORM UNIFORM
01:40 - 51.830 BECAUSE MANY TIMES THE RECENT
01:40 - 52.790 PAST, I'M NOT GOING TO WAIT IN
01:40 - 54.620 THE BACKGROUND. THIS YEAR FOR
01:40 - 56.090 A CAUSE. I'D RATHER
01:40 - 58.370 THAN SAY JUST THAT FOR A CAUSE
01:40 - 59.770 THAT AND TAKE US TO SHUN.
01:41 - 01.450 IT'S A CONSTITUTIONAL
01:41 - 02.990 SAFEGUARDS. THIS GUIDING
01:41 - 04.990 PRINCIPLE. THIS SHORT,
01:41 - 07.590 THE SAYS ALL TAXES MUST BE
01:41 - 09.170 UNIFORM UPON US IN CLASS A
01:41 - 11.620 DRUGS. AND BECAUSE OF A SUPREME
01:41 - 13.470 COURT HAS LONG HELD IN FORT
01:41 - 16.000 MYERS AND IN THE DAY AS FOR
01:41 - 18.220 MOST PEOPLE AND THIS CASE WE
01:41 - 19.470 THINK THAT YOU KNOW FOR
01:41 - 22.520 REVITALIZATION, NOT BE ANYWAY.
01:41 - 25.310 THEY CALLED US TO DO IT THERE'S
01:41 - 26.780 A SYSTEM AND WE WERE
01:41 - 28.360 ALL SEA. MISTER TRUMP HAS
01:41 - 29.840 CONFIRMED THAT CONSISTENTLY
01:41 - 31.190 POLICY PRACTICE OF A WIND
01:41 - 33.090 ADVISORY SEE THAT TOO ALTHOUGH
01:41 - 34.660 SOMEBODY SCITUATE TAXPAYERS FOR
01:41 - 37.000 ALL TAX YEARS ALL THIS SAID A
01:41 - 39.040 STUDENT NOW WE'VE NEVER BURDEN
01:41 - 41.180 OF PROOF WHICH IS IN THE FALL.
01:41 - 43.330 WE'VE HAD YOU SHOULD REPORT WE
01:41 - 45.230 NOW HAVE MET OR TO PROVE.
01:41 - 47.850 REMEMBER THE BENEFITS. OUR
01:41 - 49.840 SERVICES RECEIVES THE ATTACK ON
01:41 - 51.980 ALL MISS AND IT'S FREE. THE 7
01:41 - 53.890 DAYS HAS BEEN WE'LL CONTINUE TO
01:41 - 56.430 BE DENIED THE RIGHT TO BE I ACT
01:41 - 58.720 CONSISTENT WITH THAT IS
01:41 - 00.400 RECEIVED THAT IT HAS BEEN
01:42 - 02.040 DELIVERING CONSISTENCY BECAUSE
01:42 - 04.440 IT IS JUST UGLY FOR ALL OTHER
01:42 - 06.150 SIMILARLY SITUATED TAXPAYERS.
01:42 - 09.810 THIS COULD NOT BE
01:42 - 12.340 MORE TEXTBOOK VIOLATION OF THE
01:42 - 13.300 UNIFORM LAWS.
01:42 - 17.420 BUT ANY TIME WE GET INTO A
01:42 - 19.430 REASON TO EXPECT TO CONTINUE TO
01:42 - 21.910 OFFER UP 2 REASONS WHY ALL
01:42 - 23.270 THESE IS JUSTIFIED IN TO LIVE
01:42 - 24.900 REALLY TREATING. SUNDAY'S
01:42 - 26.770 DIFFERENT HEARST COM OF HAS
01:42 - 30.320 ARGUED THAT THIS HAS TO EXPECT
01:42 - 31.610 THE DEPARTMENT OF REVENUE'S
01:42 - 33.400 INTERPRETATION. SOME PROGRESS
01:42 - 36.810 17 ALL THEREFORE THAT YOU COME
01:42 - 38.410 ALL THINGS IS JUSTIFIED TO BE
01:42 - 39.940 TRYING THE STATUTE AS WRITTEN
01:42 - 42.770 AND REGARDLESS REGARDLESS OF
01:42 - 44.220 THE UNIFORMITY IN
01:42 - 46.870 THE CASES A SECOND BECAUSE I
01:42 - 48.440 THINK THAT THE FACT THAT OFFICE
01:42 - 49.320 OF ATTORNEY GENERAL
01:42 - 51.670 REPRESENTING THE CALL. IN THIS
01:42 - 54.240 HOW ELSE CAN WELL TONIGHT'S 10
01:42 - 55.700 DAYS THAT IS AT ALL
01:42 - 57.540 THE DEPARTMENT'S STANTON
01:42 - 59.120 DELIVERED TO PATIENTS OF OURS.
01:43 - 01.850 IT'S ABOUT THOSE ARTISTS
01:43 - 03.230 WITHOUT GET INTO MORE DETAIL.
01:43 - 05.000 IN SHORT SEMINOLE CASES FROM
01:43 - 06.160 THE EDGE OF A SUPREME COURT.
01:43 - 08.500 MONEY ON FORSMAN HERE.
01:43 - 11.090 THE TELECOM LAST ARGUMENTS.
01:43 - 14.790 TO CALLS FIRST ARE YOU THE
01:43 - 16.370 DEPARTMENT'S INTERPRETATION IS
01:43 - 18.430 WRONG MOLYCORP HER SCREAM FOR
01:43 - 19.720 HELP THE CORRECTNESS OF
01:43 - 21.260 APPLYING A STATUTE AS WRITTEN
01:43 - 22.730 TERRELL. IN
01:43 - 24.950 CASES INVOLVING SYSTEMATIC
01:43 - 26.330 UNEQUAL ENFORCEMENT ACTIONS,
01:43 - 27.900 DASH EITHER ONLY ABOUT
01:43 - 29.680 AN INQUIRY. THE PERCENTAGE
01:43 - 30.900 WHETHER SIMILARLY SITUATED
01:43 - 32.090 TAXPAYERS ARE TREATED.
01:43 - 35.510 THE PRACTICE OF THE STATUE.
01:43 - 38.400 >>SO THIS IS ME I'M IN A WAY.
01:43 - 41.920 THIS ARGUMENT HAS SOME ELEMENTS
01:43 - 44.170 OF US TOPPLE IN IT IN ADDITION
01:43 - 45.650 TO YOU KNOW SORT
01:43 - 47.870 I DON'T KNOW IF YOU WILL
01:43 - 50.170 CLOTHING POTENTIALLY AND US
01:43 - 52.200 TOPPLE ARGUMENTS IN A
01:43 - 53.240 UNIFORMITY.
01:43 - 57.480 BECAUSE WHAT YOU'RE SAYING
01:43 - 58.420 REALLY IS THAT
01:43 - 02.960 OR IT IS IT IF THERE'S.
01:44 - 06.440 SOME ERROR ON THE PART OF
01:44 - 10.300 THE ORNATE IN HOW IT INTERPRETS
01:44 - 12.970 AND APPLIES A TAXING SECTION
01:44 - 15.250 THAT IT CAN NEVER BE
01:44 - 17.710 CHANGED OR THAT THEY HAVE TO
01:44 - 18.840 CONTINUE AND WE
01:44 - 21.070 HAVE SOME AUTHORITY THAT SAYS
01:44 - 22.380 THAT GOVERNMENT CAN'T BE
01:44 - 24.750 STOPPED FROM ELECTING PASSES
01:44 - 27.510 FAIRLY DO SO HOW WOULD YOU AND
01:44 - 28.080 SO THAT.
01:44 - 31.670 >>I YES YOUR RESPECTFULLY WE
01:44 - 33.550 GOT HER TRIES THIS AS A
01:44 - 34.920 SOPHOMORE AND TO BE CLEAR WE'RE
01:44 - 36.770 NOT SAYING AND E.
01:44 - 38.400 HARTMAN
01:44 - 40.220 THAT GENERAL IT JUST STOPPED IN
01:44 - 41.650 THE CALL CAN CORRECT THIS GOING
01:44 - 43.410 FOR IT AND WE'RE FOCUSED ON IS
01:44 - 45.760 THE 2011 TAX YEAR AND WEBSITE
01:44 - 47.380 YEARS OR EVEN CLOSE THE
01:44 - 47.810 DEPARTMENT HAS
01:44 - 50.080 ALREADY HAD RELIGIOUS SYSTEM
01:44 - 51.970 POLICY TREATMENT IN SUNDAY'S
01:44 - 53.500 WANT TO BE TREATED LIKE ALL
01:44 - 54.560 OTHER SIMILARLY SITUATED
01:44 - 55.950 TAXPAYERS. THIS CASE,
01:44 - 58.210 2011, BUT THE CLEAR WE'RE NOT
01:44 - 00.350 ARGUING ACT BECAUSE THIS IS
01:45 - 02.140 STOPPED IN FACT MOLYCORP WHICH
01:45 - 02.700 IS I THINK
01:45 - 04.910 THAT IS ON THIS ISSUE I WENT
01:45 - 06.410 INTO THAT IT WAS CLEAR THAT
01:45 - 08.620 JUST BECAUSE THE COURT RULES OR
01:45 - 09.820 ROLL TO THE BALI FOR
01:45 - 11.730 THAT THERE WAS A VIOLATION OR A
01:45 - 13.030 CAUSE BUT DIDN'T PROGRAM.
01:45 - 15.390 THE COMMONWEALTH FROM HER
01:45 - 17.190 MOTHER IS FROM IT'S A MISTAKE
01:45 - 18.640 ON FORWARD THAT'S THE PERIOD.
01:45 - 21.670 THAT'S WHY MY CAR. PERCENT YOU
01:45 - 28.150 IT'S TO DO. UNIFORMITY IN
01:45 - 29.880 PERSON, THE STATUE ASKED
01:45 - 31.950 A PRECEDENT OVER A LEGALLY
01:45 - 33.880 VALID ISSUE OF STATUES HE DID
01:45 - 35.050 THAT SKETCH WAS CRACKED.
01:45 - 39.510 UNIFORMITY STILL SALES OVER.
01:45 - 42.980 ALL RIGHT NOT HIS.
01:45 - 56.330 SO SO I'M TALKING OF POWER.
01:45 - 59.010 YOU KNOW THE THING OUT OF MY
01:45 - 59.900 CAR IS.
01:46 - 03.430 IN THAT CASE. THE GENERAL IS A
01:46 - 04.240 CASE ABOUT.
01:46 - 06.140 THE DEPARTMENT'S POLICY OF
01:46 - 07.440 TREATING SIMILARLY SITUATED
01:46 - 09.000 TAXPAYERS REALLY DEPENDING ON
01:46 - 10.130 THE CHOICES ESTIMATED IN
01:46 - 12.150 THE MOUNTAINS AND YET THE COURT
01:46 - 13.370 AGREE WITH MOLLY PARKIN HEALTH
01:46 - 15.820 AT ALL PASSED BY THE U.S..
01:46 - 17.160 AND WHAT I WANT TO HIGHLIGHT
01:46 - 18.040 THAT I THINK WHAT'S INTERESTING
01:46 - 20.250 ABOUT THAT IS IS THAT IN THAT
01:46 - 22.210 CASE IS THE COURT HELD.
01:46 - 25.350 THE CARTEL ISN'T DEAD. DESPITE
01:46 - 27.530 ARGUMENTS. MCCONNELL. JUST AS
01:46 - 28.630 THE COMMONWEALTH IS ARGUING
01:46 - 29.960 HERE THAT SAME ARGUMENT
01:46 - 32.090 ULTIMATELY. THE PLANE MEDIA
01:46 - 35.100 THEY ALL BECAUSE WHEN YOU KNOW
01:46 - 36.480 THE WHOLE OTHERWISE THE
01:46 - 38.740 CONTRACT STRETCH. SUPREME COURT
01:46 - 40.730 SAID NO. SO LONG AS A COLLEGE
01:46 - 41.760 AND GAZE OF PATTERN AND
01:46 - 43.710 PRACTICE OF THE 4 PRESIDENTIAL
01:46 - 45.480 TREATMENT, SOME TAXPAYERS.
01:46 - 48.130 WE MUST TREAT ALL OTHER WAY TO
01:46 - 50.210 TREAT TAXPAYERS SAYING THINGS
01:46 - 52.840 FOR US AGAIN MOLYCORP IS NOT AN
01:46 - 53.650 ABERRATION
01:46 - 55.430 OR DOLLARS HOLDING ITS FAIRNESS
01:46 - 57.450 UNIFORMITY IN 4 SEMANAS ACTION
01:46 - 59.170 TO TAKE PRECEDENCE OVER WE
01:46 - 00.720 LEAVE OUR ALLOCATION STATUTE.
01:47 - 02.760 MOLYCORP RELIES HEAVILY.
01:47 - 04.320 ITSELF ON
01:47 - 07.960 1931. A SUPREME COURT DECISION
01:47 - 09.520 I'M GOING TO CALL WHEN SHE AND
01:47 - 10.840 IS INTERESTING BECAUSE IT WAS A
01:47 - 13.160 PENNSYLVANIA. UNIFORMITY CASE
01:47 - 14.880 ON REVIEW, THE UNITED STATES
01:47 - 17.980 SUPREME COURT. IN THAT CASE.
01:47 - 20.360 NICE IS FROM COURT HELD IN
01:47 - 22.550 1931, OR FACE A LITTLE BIT HERE
01:47 - 25.070 AT THE SAME POINT APPLYING THE
01:47 - 27.060 LAW IS WRITTEN THIS LIST
01:47 - 30.000 UNIFORMITY THE ONLY ONES.
01:47 - 33.470 STRICT ADHERENCE TO APPLY THE
01:47 - 35.950 LAW AS WRITTEN A STEEL FENCE,
01:47 - 37.640 YOU KNOW FOR ME. BUT AGAIN WE
01:47 - 38.960 DON'T NEED TO LOOK TO THE 30'S.
01:47 - 40.580 THE 70'S BECAUSE I'M MORE
01:47 - 41.730 REASON AUTHORITY AND THAT'S
01:47 - 43.080 WHAT'S REQUIRED TO SUPPORT THIS
01:47 - 45.030 PROPOSITION OR 3 YEARS AGO.
01:47 - 46.480 YOU CAN COURT I
01:47 - 49.020 FIRST POWERS, 25 YEARS AGO THIS
01:47 - 50.620 COURT COMPORT WITH WHAT YOU
01:47 - 52.300 SHOULD CARE. ALL THESE CASES
01:47 - 53.970 THE SITE SINCE THE SAME
01:47 - 56.220 COMPOSITION SUPPORT 16 WHICH
01:47 - 59.180 IT. YES, EVEN IF THAT
01:47 - 00.890 GENTLEMAN TRACTORS THIS
01:48 - 02.630 DEPARTMENT TO TURN PATIENTS
01:48 - 03.320 INCORRECT.
01:48 - 06.880 STILL UNTITLED THE TREE 8
01:48 - 10.120 UNIFORMLY OTHER SCITUATE
01:48 - 10.850 TAXPAYERS.
01:48 - 15.860 WELL NOW MOVE ON TO THAT.
01:48 - 17.840 SO IT'S COME A
01:48 - 18.720 SECOND ARGUMENT.
01:48 - 23.080 IT GETS CRANKING RELEASED
01:48 - 25.680 2 SUNDAYS AND THAT WAS THE FACT
01:48 - 26.830 THAT THE OFFICE OF ATTORNEY
01:48 - 28.010 GENERAL'S REPRESENTATIVE COM
01:48 - 30.350 WELL SOMEHOW CREATES IF ENOUGH
01:48 - 31.760 ALREADY NOW SAYS THAT ALLOWED
01:48 - 33.230 THE COMMONWEALTH TO DENY
01:48 - 34.730 SUNDAY'S THAT IS THAT THE
01:48 - 36.840 DEPARTMENT SAYS ASSISTANT LIVER
01:48 - 38.900 INTERPRETATION. SOME PERSON
01:48 - 39.200 TEAM.
01:48 - 41.270 PERCENT HONESTLY, A GREAT DEAL
01:48 - 42.810 OF TIME OF THIS WITH THIS ISSUE
01:48 - 44.520 IN OUR IRAS EXPLAINING
01:48 - 45.660 WHY HE THOUGHT THAT THE
01:48 - 47.180 ATTORNEY GENERAL'S YOU HERE
01:48 - 48.730 DOES NOT HOLD WATER, I'M NOT
01:48 - 50.450 GOING TO GO TO TAKE THAT ALL
01:48 - 51.380 THAT I WOULD LIKE TO ADD.
01:48 - 53.380 THAT'S HOW WE THINK THAT THIS
01:48 - 55.670 COURT SHOULD ANALYZE THE CALL
01:48 - 57.850 SECOND ARGUMENT THAT REGARD AND
01:48 - 58.880 WITH THAT I JUST NEED A LITTLE
01:48 - 00.740 PROCEDURAL HISTORY. THIS CLAIM
01:49 - 01.260 STARTED
01:49 - 03.380 AT EASE AND DEPARTMENT OF
01:49 - 04.470 REVENUE COURT OF APPEALS FOR
01:49 - 04.800 BILLS
01:49 - 06.950 OR RENT. JOE STARTED THE
01:49 - 09.230 DEPARTMENT OF REVENUE 2014.
01:49 - 12.310 REFUND REQUESTS AND TAX BE
01:49 - 13.570 COMPUTED OTHER THAN THAT IT'S
01:49 - 16.400 PRETTY BAD. INTEL YES, THIS IS
01:49 - 17.460 GOING TO RECEIVE THE TUMMY
01:49 - 19.620 TROUBLE THAT RIVER. SAME THING
01:49 - 20.700 OR TO FINANCE AND REVENUE WE
01:49 - 22.020 FOUGHT A PETITION FOR REVIEW
01:49 - 23.980 OR THE FINANCIAL REVENUE NEXT
01:49 - 26.250 AN ISSUE AGENCY ASKING THE
01:49 - 28.280 SAME QUESTION LIKE TO REVIEW
01:49 - 30.530 OUR PERSONNEL. YOU TALKED ABOUT
01:49 - 32.450 EARLIER. THE COURT OF APPEALS
01:49 - 34.610 AND ONE OF THEM. I WAS READY TO
01:49 - 35.100 TELL.
01:49 - 38.460 YES, IT HAS BEEN RECEIVED YOU
01:49 - 39.900 AND A MAJOR EVENT RIVER.
01:49 - 41.560 WE'VE GOT TO FILE A PETITION
01:49 - 42.660 FOR REVIEW AT THE NEXT REVIEW.
01:49 - 47.510 WE'RE ASKING YOU FOR YOU THE
01:49 - 49.110 PARTISAN AISLE ARE YOU FROM.
01:49 - 52.300 YEAH, SOME 4 DIFFERENCE HERE IS
01:49 - 54.180 THE CALL THE COMMONWEALTH
01:49 - 56.670 O REIS AND HAS STIPULATED WE
01:49 - 59.380 MET OUR COUNTRY OR. UNDER THE
01:49 - 00.460 BENEFIT THAT SHE'S TEST.
01:50 - 03.310 SO IMPORTANT ALL THOSE ITEMS
01:50 - 03.890 TOGETHER
01:50 - 06.030 IN THAT. THIS COURT'S REVIEW OF
01:50 - 07.200 THE DEPARTMENT'S THE NILES
01:50 - 07.440 MATTER
01:50 - 09.770 TO REVIEW THAT THE PARTIES A
01:50 - 11.190 STIPULATED THE DEPARTMENT'S
01:50 - 12.970 SYSTEM POLICY AND PRACTICE WAS
01:50 - 15.020 IDENTITY AS YOU ALL OTHERS
01:50 - 16.500 SIMILARLY SITUATED TAXPAYERS.
01:50 - 17.460 YOU KNOW THE PARTIES ARE
01:50 - 19.600 STIPULATED HOW THIS INVASION
01:50 - 20.670 HAS NOW MET ITS BURDEN OF
01:50 - 22.540 PROOF. SEE
01:50 - 25.490 NO OTHER LOGICAL UNIFORM OR HE
01:50 - 27.500 NOW SAYS OTHER THAN WE
01:50 - 28.860 SHOULD HAVE JEN BASIN
01:50 - 31.270 TITLED YOU SHELL'S FACTOR IN
01:50 - 32.550 THE BENEFIT, SHE'S GOT IT
01:50 - 36.720 MATTER UNIFORMITY. SO IN
01:50 - 37.350 CLOSING.
01:50 - 39.310 YEAH WE BELIEVE THAT THE
01:50 - 40.160 ATTORNEY GENERAL HAS NOT
01:50 - 42.230 EXPLAINED SCREENS. WHY THIS
01:50 - 44.430 COURT SHOULD NOT CONTROL AND I
01:50 - 45.800 FOLLOW THE CONTROLLING
01:50 - 47.890 THEREFORE IT CASE LAW DON'T
01:50 - 49.600 JUST PATIENTS OFFERED UP THE
01:50 - 50.590 ATTORNEY GENERAL THE
01:50 - 52.010 COMMONWEALTH FIRST DECISION TO
01:50 - 53.470 REALLY TREAT SOMETHING
01:50 - 55.160 DIFFERENTLY. NOTHING MORE THAN
01:50 - 57.310 PARTISAN IS RAISE IN PRIOR
01:50 - 00.610 CASES OVERRULED WHAT ARE THE
01:51 - 01.220 ISSUES.
01:51 - 03.940 SO WE THINK THE COURTS LEFT BUT
01:51 - 04.910 REALLY A SIMPLE QUESTION.
01:51 - 07.170 AS SUNDAY'S BEEN TREATED
01:51 - 08.830 DIFFERENTLY AND SIMILARLY
01:51 - 10.240 SITUATED. EXPERT
01:51 - 12.430 YEAH, ALL TAX YEARS AT ALL
01:51 - 14.260 LEVELS ALSO SAYS SHE PAID
01:51 - 16.190 TAXPAYERS. I THINK FOR A MINUTE
01:51 - 17.300 AND CONTINUE TO BE COMMITTED.
01:51 - 19.290 SHE PURCELL'S FACTOR IS IN THE
01:51 - 20.880 BEST TO PROCEED. SIMPLY
01:51 - 22.420 THE FACT THIS WAS ON THE FRONT
01:51 - 24.250 CONSISTENT FOR POLICY OF THE
01:51 - 25.290 DEPARTMENT OF REVENUE
01:51 - 27.360 STIPULATED FACTS SO THEY JUST
01:51 - 29.430 NOW PROVEN LOCATION WHERE
01:51 - 31.150 CUSTOMERS RECEIVE AND IT
01:51 - 32.900 SERVICES UNDER THAT IS EVERY
01:51 - 35.790 SEE THAT STEALING A FACT THESE
01:51 - 37.510 FACTS ESTABLISHED THEY THINK
01:51 - 39.230 THAT THIS FIRST SHOT IS HE
01:51 - 41.280 RESPECTFULLY ASK THIS COURT WE
01:51 - 43.290 WILL SEND A SON TITLE COMPUTE
01:51 - 46.090 THIS TAX RECEIPT THAT MATTER OF
01:51 - 46.330 MINUTES.
01:51 - 53.720 >>ALL RIGHT. WE WILL
01:51 - 55.570 HEAR NOW. WELL MISTER
01:51 - 56.360 MCCONNELL.
01:51 - 01.160 >>MAY PLEASE THE COURT MY NAME
01:52 - 03.070 IS NO MCCONNELL AND I REPRESENT
01:52 - 03.990 THE COMMONWEALTH,
01:52 - 06.490 THIS APPEAL. IT IS ESSENTIAL
01:52 - 08.510 THAT THIS COURT TO PRIMARILY
01:52 - 09.510 ADDRESS THE CORRECT
01:52 - 10.880 INTERPRETATION OF SOME
01:52 - 13.270 PARAGRAPH 17. THERE'S A BALANCE
01:52 - 15.310 STATUTE MUST PREVAIL OVER IT'S
01:52 - 16.860 INCORRECT INTERPRETATION.
01:52 - 19.390 CINDY'S ARGUES AND IT'S FREE
01:52 - 21.380 AND AGAIN HERE TODAY THAT THE
01:52 - 23.230 LAW IS IRRELEVANT. IT SEES A
01:52 - 24.460 TOTAL REFUND OF
01:52 - 26.530 12 MILLION DOLLARS BASED ON THE
01:52 - 28.340 METHODOLOGY ANY KNOWLEDGE AND
01:52 - 29.930 IS INCONSISTENT WITH THE
01:52 - 31.350 STATUTORY COSTS IN
01:52 - 33.220 ITS METHODS. GRANTED THAT
01:52 - 34.290 NOTHING IS THE DEPARTMENT
01:52 - 35.960 REVENUES BENEFIT OR SEEK METHOD
01:52 - 38.060 THAT METHOD IS UNSUPPORTED BY
01:52 - 39.790 THE RULES SET FOR AUCTION
01:52 - 41.840 PENNSYLVANIA CASE LAW AND HAS
01:52 - 43.540 BEEN VALIDATED BY COURTS
01:52 - 44.820 THROUGHOUT THE COUNTRY WITH THE
01:52 - 46.790 SAME COST PERFORMANCE STATUTE.
01:52 - 49.850 THE ATTORNEY GENERAL HAS THE
01:52 - 51.080 DUTY TO DEFEND
01:52 - 53.150 THE STATUTE AND COLLECT ALL
01:52 - 55.640 TAXES LEGALLY OWN THE KAMEL
01:52 - 57.540 WHICH REQUIRES THE CORRECTION
01:52 - 58.520 OF THE DEPARTMENT OF REVENUE
01:52 - 00.840 BEES MISINTERPRETATION OF THE
01:53 - 03.120 LAW. THE CASE LAW IS FREE
01:53 - 03.860 FOR MCCONNELL.
01:53 - 05.410 >>OR WHERE THE ATTORNEY
01:53 - 07.270 GENERAL'S AUTHORITY TO COLLECT
01:53 - 09.170 DEBT IMPACTED EMANATED FROM.
01:53 - 10.190 >>FROM THE COMMONWEALTH
01:53 - 12.730 ATTORNEY'S AT. THEY KNOW
01:53 - 14.240 WHAT DIRECTION. IT'S
01:53 - 18.240 7.32 DASH.
01:53 - 22.980 >>AND START 4 C.
01:53 - 25.190 7.30 LIKE
01:53 - 26.180 YOU SEE.
01:53 - 28.220 >>THE NEW SITE OF THAT IN YOUR
01:53 - 30.310 BRIEF AND I HAVE TO YOU KNOW I
01:53 - 31.400 HAVE TO TELL YOU I WAS A LITTLE
01:53 - 32.630 CHAGRINED WHEN I READ THAT
01:53 - 35.290 SECTION OF OF YOU KNOW THE
01:53 - 36.610 COMMONWEALTH'S BRIEFING THAT
01:53 - 36.820 CHINA
01:53 - 39.420 WAS BREEDS BECAUSE WHEN YOU
01:53 - 40.690 SIMPLY WRITE THAT THE ATTORNEY
01:53 - 42.160 GENERAL HAS THE POWER TO COURT
01:53 - 44.140 ACTION YOU OMITTED SOME VERY
01:53 - 48.090 KEY LANGUAGE FROM YOU OR ME AND
01:53 - 50.010 THE ACTUAL PROVISION PROVIDES
01:53 - 51.310 THE ATTORNEY GENERAL SHALL
01:53 - 52.550 COLLECTION MY TUTOR OR
01:53 - 54.260 OTHERWISE ALL DEATH TAX AND THE
01:53 - 56.980 COUNTY. DO THE COMMONWEALTH
01:53 - 58.710 WHICH SHALL BE REFERRED TO IN
01:53 - 00.070 PLACE WITH THE ATTORNEY GENERAL
01:54 - 01.150 FOR COLLECTION BY A
01:54 - 02.450 COMMONWEALTH AGENCY.
01:54 - 09.630 IT WENT TO THE DEPARTMENT OF
01:54 - 12.200 REVENUE PLAYS WITH YOU THE
01:54 - 15.570 ATTORNEY GENERAL A HACK TO BE
01:54 - 16.210 COLLECTED.
01:54 - 19.360 >>WELL IT'S WITH OUR OFFICE
01:54 - 21.400 BECAUSE THE APPEAL WAS FILED
01:54 - 22.680 AGAINST THE CALM.
01:54 - 27.490 >>THE DEPARTMENT, THE BOY WAS
01:54 - 29.310 VERY CLEAR THAT THE COLLECTION
01:54 - 29.820 THAT WAS THE
01:54 - 32.240 COLLECTIONS ACTIONS. THIS CAN
01:54 - 33.090 BE ATTORNEY GENERAL OF THE
01:54 - 34.430 PARDON ATTORNEY GENERAL PUBLIC
01:54 - 35.520 COLLECTIONS DIVISION.
01:54 - 37.250 >>THAT'S CORRECT. YES.
01:54 - 39.070 >>RIGHT AND THEN YOU'RE NOT IN
01:54 - 41.160 THAT ARE YOU. NO I'M NOT.
01:54 - 43.010 OK SO IS THERE
01:54 - 44.440 REASON WHY YOU EMITTED IN YOUR
01:54 - 46.040 BRIEF THE LANGUAGE WHICH SHALL
01:54 - 47.430 BE REFERRED TO IN PLACE TO BE
01:54 - 48.730 ATTORNEY GENERAL FOR COLLECTION
01:54 - 50.030 BY COMMONWEALTH AGENCY.
01:54 - 52.690 >>I WOULD BECAUSE I DIDN'T FIND
01:54 - 54.370 THAT PARTICULAR PART OF IT TO
01:54 - 56.370 BE RELEVANT HERE BECAUSE
01:54 - 57.490 THERE'S NO NEED FOR
01:54 - 00.590 PEARL BECAUSE ALL TAX APPEALS
01:55 - 02.560 ARE AUTOMATICALLY FILED AGAINST
01:55 - 03.780 THE CARDINALS
01:55 - 05.470 AND THERE ONLY THE ATTORNEY
01:55 - 07.000 GENERAL CAN REPRESENT THE CALM.
01:55 - 12.110 >>WHAT CABLE BUT I'M NOT SURE I
01:55 - 13.610 AGREE WITH THAT I THINK YOUR
01:55 - 14.860 QUESTION YOUR RESPONSE
01:55 - 16.990 REALLY ANSWERS THAT QUESTION.
01:55 - 17.840 BUT LET ME ASK YOU ABOUT
01:55 - 19.090 ANOTHER PROVISION YOUR BRIEF
01:55 - 20.670 BUT ALSO OTHER ME WITH REGARD
01:55 - 22.670 TO. THE ATTORNEY GENERAL'S
01:55 - 23.320 AUTHORITY.
01:55 - 26.970 >>YOU WRITE IN YOUR
01:55 - 29.250 BREATHING BE ADDRESSED THE
01:55 - 31.830 GENERAL IN ANY CAPACITY THAT
01:55 - 33.640 GENERAL SHOUT COLLECT ALL THAT
01:55 - 34.760 BACK IN THE COUNTY TO THE
01:55 - 36.840 COMMONWEALTH AND RESOLVE ALL
01:55 - 38.810 APPEAL. QUOTE IN THE BEST
01:55 - 39.860 INTEREST OF THE COMMONWEALTH,
01:55 - 41.280 YOU SAY TO OF COURSE WE
01:55 - 42.490 REMEMBER THAT IN YOUR BRIEF.
01:55 - 43.210 >>YES.
01:55 - 45.940 >>YOU ACTUALLY AND YOU ACTUALLY
01:55 - 46.860 HAVE TO LIVE IN THE BEST
01:55 - 47.980 INTEREST OF THE COMMONWEALTH
01:55 - 49.000 RIGHT CORRECT.
01:55 - 51.110 WHERE DID THE IN THE BEST
01:55 - 52.150 INTEREST OF THE COMMONWEALTH
01:55 - 53.840 LANGUAGE APPEARING TO FORCIBLY.
01:55 - 57.410 >>IT'S TALKING ABOUT THE
01:55 - 59.050 RESOLUTION OF APPEALS IN
01:55 - 59.380 GENERAL.
01:56 - 01.770 AND MORE SPECIFICALLY IT
01:56 - 04.460 SAYING THAT UKRAINE IS THE WORD
01:56 - 06.220 APPEALED INTO OF COURSE E.
01:56 - 09.910 NOT THE WORD DEALS, BUT IT SAYS
01:56 - 11.820 BY SUPER OTHERWISE DUE TO A
01:56 - 12.470 POOR CITY.
01:56 - 14.970 LET US TO TAP INTO OTHER
01:56 - 16.610 COMMONWEALTH LANGUAGE APPEARS
01:56 - 17.460 IN THE BEST INTEREST OF THE
01:56 - 19.010 COMMONWEALTH LANGUAGE APPEARS
01:56 - 20.230 MISTER BICKLEY ONLY WITH
01:56 - 21.770 RESPECT TO WHEN THE ATTORNEY
01:56 - 23.790 GENERAL OFF TO ALLOW THE AGENCY
01:56 - 25.100 TO ASSUME THE REPRESENTATION
01:56 - 25.570 DOESN'T IT.
01:56 - 29.940 >>YES, IT'S FRAMED IN A WAY
01:56 - 32.290 THAT IT. WE ALL MET WE DECIDED
01:56 - 33.380 THAT THAT'S IN THE BEST
01:56 - 34.510 INTEREST OF THE COMMONWEALTH.
01:56 - 37.330 THEN WE CAN DELEGATE, BUT THE
01:56 - 38.940 MAIN FOCUS THERE
01:56 - 40.060 IS THAT IT'S THE ATTORNEY
01:56 - 41.570 GENERAL'S DECISION TO DECIDE
01:56 - 43.100 WHAT IS IN THE FENCE, BEST
01:56 - 44.220 INTERESTS OF THE CALM.
01:56 - 46.950 >>EVEN THOUGH THE BEST CHANCE
01:56 - 48.040 OF THE COMMONWEALTH LANGUAGE
01:56 - 50.190 ONLY APPEARS IN CORSI WHEN THE
01:56 - 51.440 ATTORNEY GENERAL IS MAKING THE
01:56 - 52.900 DECISION TO REFER THE
01:56 - 54.470 REPRESENTATION, THE AGENCY YOU
01:56 - 56.100 THINK IT APPLIES TO EVERYTHING
01:56 - 56.980 INTO YOUR CITY.
01:56 - 00.360 >>WELL I THINK THE OVERALL
01:57 - 02.470 ENCOMPASSES THE RESOLUTION OF
01:57 - 02.990 AN APPEAL.
01:57 - 09.840 >>I APPRECIATE YOUR YOUR
01:57 - 10.400 ANSWERS.
01:57 - 13.850 MR. THE CALL.
01:57 - 19.340 >>COULD YOU GET BACK TO
01:57 - 20.870 THE REFERRAL BY COMMONWEALTH
01:57 - 22.340 AGENCY ARE YOU SAYING THAT THE
01:57 - 23.210 BOARD OF FINANCE
01:57 - 25.940 AND REVENUE EVERY DAY AND THAT
01:57 - 28.470 ATTORNEY GENERAL REPRESENTS.
01:57 - 31.830 BOARD OF FINANCE AND REVENUE
01:57 - 32.220 THAT SORT
01:57 - 36.560 >>THE REFER ALL.
01:57 - 39.190 >>JUST TO CLARIFY
01:57 - 40.900 THE ATTORNEY GENERAL DOES NOT
01:57 - 42.200 REPRESENT THE BOARD OF FINANCE
01:57 - 43.670 AND REVENUE. THE BORDER
01:57 - 44.600 FINANCE DIRECTOR.
01:57 - 46.760 >>AFTER DOWN THE COMMONWEALTH,
01:57 - 47.170 OKAY.
01:57 - 50.570 >>YES, HOWEVER, THE INTERNET.
01:57 - 52.350 >>WHO SITS ON THE BOARD OF
01:57 - 53.390 FINANCE REVENUE.
01:57 - 56.080 >>OF THE TREASURY THERE'S
01:57 - 57.440 A REPRESENTATIVE FROM TREASURY
01:57 - 59.210 AND THERE ARE 2 OTHER POSITIONS
01:57 - 00.420 THAT ARE APPOINTED BY THE
01:58 - 00.890 GOVERNOR.
01:58 - 05.800 THE THREE-MEMBER OR THAT IS IN
01:58 - 06.920 THE PAST AND THE ATTORNEY
01:58 - 08.640 GENERAL DOES NOT REPRESENT THE
01:58 - 09.810 BOARD OF FINANCE AND REVENUE.
01:58 - 11.860 AND I WAS MAKING THE
01:58 - 14.600 POINT THAT THE RULES OF A
01:58 - 16.520 PROCEDURE CLEAR THAT ALL TAX
01:58 - 18.360 APPEALS MUST BE FILED BY OR
01:58 - 18.800 AGAINST
01:58 - 21.350 THE COMMONWEALTH AND ONLY THE
01:58 - 22.310 ATTORNEY GENERAL IS
01:58 - 23.290 CONSTITUTIONALLY AND
01:58 - 25.330 STATUTORILY AUTHORIZED TO
01:58 - 26.420 REPRESENT THE COMMON LAW.
01:58 - 29.020 >>BUT IT WAS REQUIRED FOR
01:58 - 30.500 PURPOSES OF CONSULTING ON
01:58 - 31.230 STRATEGY.
01:58 - 35.780 >>OUR CLIENT IS
01:58 - 37.610 THE COMMONWEALTH. THAT
01:58 - 39.400 ENCOMPASSES SEE ALL OF THE
01:58 - 42.160 AGENCIES SO I'M NOT A PARENT
01:58 - 42.930 THIS IS SAYING
01:58 - 44.960 OUR OFFICE FROM THE DEPARTMENT
01:58 - 45.480 PRESIDENT.
01:58 - 47.740 THERE'S AGAIN THE COMMENT THAT
01:58 - 48.770 EXACT IS CLEAR THAT WE
01:58 - 50.360 REPRESENT THE COMMONWEALTH AND
01:58 - 51.470 THE AGENCIES.
01:58 - 53.390 >>BUT IT ALSO WOULDN'T BE THE
01:58 - 54.930 ATTORNEY GENERAL'S OFFICE IS
01:58 - 55.960 THE COMMONWEALTH ATTORNEY AS
01:58 - 57.590 YOU REPRESENT THE COMMON CORE
01:58 - 59.500 MATH REALLY GOOD. I'M ASKING
01:58 - 02.030 YOU IS IN THAT CONTEXT WHO IS
01:59 - 02.930 THE COMMON LAW.
01:59 - 05.500 >>IT'S THERE
01:59 - 07.510 AND EVERYBODY. IT'S ALL THE
01:59 - 09.310 AGENCIES AND ALL US CITIZENS OF
01:59 - 09.900 THE COMMONWEALTH.
01:59 - 14.910 >>YOU CAN'T BE BOTH QUIET AND
01:59 - 15.360 TURNING.
01:59 - 18.200 AND I THINK JUST WAS SO
01:59 - 19.080 TROUBLING HERE.
01:59 - 23.250 WHO DID YOU CONSULT WITH THEM.
01:59 - 27.650 >>IN THIS PARTICULAR
01:59 - 29.780 CASE WE WE I DID CONSULT WITH
01:59 - 31.530 THE DEPARTMENT OF REVENUE THIS.
01:59 - 35.710 >>AND WE WANT TO GET YOUR
01:59 - 37.170 CLIENT WISHES.
01:59 - 39.880 >>THEY THEY ARE ARE NOT OR SO
01:59 - 40.320 FAR
01:59 - 41.080 THEY ARE.
01:59 - 43.230 >>AGAIN WE REPRESENT THE
01:59 - 45.370 COMMONWEALTH BUT PRESENTING
01:59 - 46.930 WHAT OTHER WHAT OTHER QUIET DID
01:59 - 48.390 YOU CONSULT WITH THE DEPARTMENT
01:59 - 48.870 WROTE.
01:59 - 53.710 AGAIN THEY ARE
01:59 - 56.200 NOT IF ITIS THIS WAS OUR
01:59 - 57.860 OFFICE'S DECISION BECAUSE WE
01:59 - 59.480 HAVE THE AUTHORITY TO REPRESENT
01:59 - 00.170 COM.
02:00 - 02.160 >>THE AREA THOUGHT THAT THE
02:00 - 03.260 POINT YOU HAVE AN AUTHORITY TO
02:00 - 04.620 REPRESENT THE COMMONWEALTH,
02:00 - 05.680 WHAT IT SEEMS TO ME THAT YOU
02:00 - 07.010 HAVE DONE IF YOU HAVE BECOME
02:00 - 07.780 THE COM WELL.
02:00 - 10.880 AND AGAIN YEARS AGAIN THE
02:00 - 12.300 DEPARTMENT OF REVENUE IN THE
02:00 - 13.290 AGENCY IN CHARGE OF
02:00 - 13.880 ADMINISTERING
02:00 - 16.190 THE STATUE. MY CONCERN IS THAT
02:00 - 17.610 IF IF YOU'RE TAKING THAT POWER
02:00 - 18.610 TO THE COMMONWEALTH ATTORNEY'S
02:00 - 19.470 ACT TO REPRESENT THE
02:00 - 20.170 COMMONWEALTH
02:00 - 23.930 TO BE ADMINISTRATIVE AGENCY
02:00 - 25.520 INTERPRETATIONS OF STATUTES,
02:00 - 27.270 ONE OF ONE OF THE CONFUSING.
02:00 - 29.430 AND TO
02:00 - 31.980 GIVE YOU CONTRARY TO THE
02:00 - 34.670 DEMONSTRATE OF AGENTS BE SYSTEM
02:00 - 36.510 THAT THE ATTORNEY GENERAL COULD
02:00 - 37.400 YET COME.
02:00 - 38.890 >>GET RID OF
02:00 - 40.980 EVERY AGENCY INTERPRETATION OF
02:00 - 42.160 THE STATUTE RIGHT OR WRONG.
02:00 - 47.440 >>WELL TONIGHT REALLY OUR ROLE
02:00 - 49.050 WHAT WE'VE DONE HERE IS WE HAVE
02:00 - 50.310 CORRECTED. THE
02:00 - 52.850 MISINTERPRETATION THAT IS OUR
02:00 - 55.330 DUTY. WE DO NOT REPRESENT
02:00 - 57.340 SALUTE LEE. THE DEPARTMENT OF
02:00 - 00.130 REVENUE ANYTHING. THE COUNTRY I
02:01 - 01.130 THINK THEY ARE DOING I THINK
02:01 - 02.300 IT'S OUR DUTY TO CORRECT THE
02:01 - 03.730 MEDICAL TERM FOR TAISHAN I
02:01 - 04.890 THINK THE COURT THE COURT
02:01 - 05.140 DURING
02:01 - 05.740 THE DEBT.
02:01 - 06.580 >>WE TOOK CORRECTIVE
02:01 - 07.750 MISINTERPRETATION WHEN THE
02:01 - 09.300 PARTIES PROPERLY RAISED IN
02:01 - 09.990 FRONT OF US
02:01 - 13.050 BY YOUR YOU'RE THE SORT OF
02:01 - 14.740 USING YOUR POWER TO REPRESENT
02:01 - 15.450 THE COMMON LAW OF THE
02:01 - 17.040 COMMONWEALTH REACHED A DECISION
02:01 - 18.730 IN THIS CASE AND YOU'RE NOT
02:01 - 20.020 REPRESENTING THE COMMONWEALTH,
02:01 - 21.310 YOUR DEFEATING THE
02:01 - 21.880 COMMONWEALTH.
02:01 - 25.620 >>I AGREE WITH YOUR COMMENT
02:01 - 27.220 THAT ULTIMATELY YOU'LL BE
02:01 - 28.790 MAKING THE FINAL DECISION BUT
02:01 - 29.970 I'M NOT UNDERSTANDING YOUR
02:01 - 31.540 QUESTION THAT THE COMMONWEALTH
02:01 - 33.670 MADE A DECISION HERE MCCONNELL
02:01 - 35.340 MISTER MCCONNELL. YEAH.
02:01 - 37.490 >>WHO IS REPRESENTING MS.
02:01 - 39.940 ON BEHALF OF THE COMMONWEALTH
02:01 - 42.060 HERE SHOW TO THE SCENE FOR ME.
02:01 - 44.100 YEAH,
02:01 - 47.000 IT IS I AS A SENDING THAT.
02:01 - 50.800 ASSERTED A DIFFERENT
02:01 - 51.660 INTERPRETATION.
02:01 - 55.890 I'M SORRY I CAN YOU REPEAT ALL
02:01 - 58.170 YOU'RE DEFENDING THE CHALLENGE
02:01 - 59.050 TO USE OR.
02:02 - 03.350 THIS IS THERE IS NO UNIFORM
02:02 - 04.110 VIOLATION HERE.
02:02 - 09.330 AND THAT'S THAT'S A CRITICAL
02:02 - 10.220 DISTINCTION THERE WERE NO
02:02 - 11.730 UNIFORMITY VIOLATION HERE.
02:02 - 13.170 THE ATTORNEY GENERAL IS
02:02 - 14.100 CORRECTING THE
02:02 - 16.150 MISINTERPRETATION OF LAW
02:02 - 18.390 THAT IS NOT ANYTHING LIKE ANY
02:02 - 20.770 OF THE CASES CITED TO BUY ICE
02:02 - 21.750 IN THE U.S., THIS IS NOTHING
02:02 - 22.410 LIKE THAT.
02:02 - 24.580 >>VALLEY FORGE WITHIN OR MOLLY
02:02 - 24.990 COURT
02:02 - 27.280 DECISIONS WHERE YOU HAD THE
02:02 - 28.890 TAXING AUTHORITY TARGETING
02:02 - 30.280 CERTAIN TAXPAYERS IN TREATING
02:02 - 32.170 HIM DIFFERENTLY THAT IS NOT AT
02:02 - 33.570 ALL WHAT IS HAPPENING HERE.
02:02 - 35.120 THE ATTORNEY GENERAL'S
02:02 - 36.250 CORRECTION OF THIS
02:02 - 38.170 MISINTERPRETATION IS NO
02:02 - 39.420 DIFFERENT FROM WHAT HAPPENED IN
02:02 - 40.770 THE STILL MEN AND
02:02 - 42.480 WESTINGHOUSE CASES THAT I CITED
02:02 - 42.950 TO IN
02:02 - 44.780 MY BRIEF IN BOTH OF THOSE
02:02 - 46.320 CASES, THE TAXING AUTHORITY
02:02 - 47.600 MISINTERPRETED THE LAW
02:02 - 49.690 RESCINDED THAT ERRONEOUS
02:02 - 51.950 GUIDANCE AND THEN I ASKED FOR
02:02 - 53.320 RELIEF AND THE PENNSYLVANIA
02:02 - 55.480 SUPREME COURT REJECTED IT AND
02:02 - 56.520 TO PARAPHRASE WITH ITS
02:02 - 58.790 REPORT SAID SAID THAT THE
02:02 - 00.740 TAXPAYER NOT FILE AN APPEAL.
02:03 - 02.890 FOR THE ABSURD PURPOSE OF
02:03 - 05.400 ASKING THE COURT TO PERPETUATE
02:03 - 06.720 THAT MISINTERPRETATION OF THE
02:03 - 08.990 LAW AND THAT IS EXACTLY WHAT
02:03 - 10.280 CITIES IS DOING HERE.
02:03 - 11.820 IT ACKNOWLEDGES THAT THE
02:03 - 13.530 BENEFIT RECEIVE METHOD. IT'S
02:03 - 15.210 INCONSISTENT WITH THE STATUTE.
02:03 - 16.870 AND YET IT IS ASKING
02:03 - 18.590 OR THAT METHODOLOGY IN
02:03 - 20.260 COMPUTING ITS TAX LIKELY.
02:03 - 21.990 AND THAT IS
02:03 - 24.900 NOT CORRECT THE VALID STATUTE
02:03 - 26.770 MUST PREVAIL OVER INCORRECT
02:03 - 27.820 INTERPRETATION HERE.
02:03 - 30.720 AND I UNDERSTAND THAT SENT
02:03 - 31.970 THESE MAKE THE DISTINCTION AND
02:03 - 33.890 IT'S REQUIRED EVERY THAT TAXING
02:03 - 35.490 AUTHORITIES RESCINDED
02:03 - 37.400 THAT ERRONEOUS GUIDANCE IN
02:03 - 38.960 STONEMAN WESTINGHOUSE REALLY
02:03 - 40.380 THAT'S A DISTINCTION WITHOUT
02:03 - 40.670 ANY
02:03 - 42.730 SIGNIFICANT IS BECAUSE WHAT THE
02:03 - 44.430 SUPREME COURT FOCUSED ON
02:03 - 46.410 WAS THE THE LAW THE
02:03 - 48.830 CORRECT INTERPRETATION OF THE
02:03 - 50.190 LAW AND THAT GOES BACK TO THE
02:03 - 51.670 WESTERN MARYLAND RAILWAY
02:03 - 53.140 DECISION THAT ICE ALSO SAY IT
02:03 - 54.480 TOO WHERE.
02:03 - 57.500 WHERE
02:03 - 59.930 THE HEIRS OF MISINFORMATION OF
02:03 - 01.560 THE OFFICERS AND AGENTS CAN NOT
02:04 - 03.650 STOP THE GOVERNMENT FROM
02:04 - 05.340 COLLECTING TAXES LEGALLY DO.
02:04 - 07.170 AND WHEN MISTER GALLANT WAS
02:04 - 09.170 SPEAKING EARLIER TO SAYING THAT
02:04 - 11.070 THIS IS NOT STOP WORKING, BUT
02:04 - 11.960 THAT'S EXACTLY WHAT.
02:04 - 14.680 CINDY'S ACKNOWLEDGES THAT THIS
02:04 - 15.500 IS NOT THE CORRECT
02:04 - 17.250 INTERPRETATION OF THE LAW AND
02:04 - 17.980 YET IT SAYING THAT THE
02:04 - 19.930 GOVERNMENT CANNOT COLLECT TAXES
02:04 - 20.950 THAT ARE TOO UNDER
02:04 - 21.600 THE STATUTE.
02:04 - 23.810 >>WELL IF IT IF IT LOOK LIKE
02:04 - 23.910 THE
02:04 - 26.320 BENEFIT NOTHING AND TO SEEK
02:04 - 28.100 MEANT TO OTHER SIMILARLY
02:04 - 30.140 SITUATED TAXPAYERS. I WOULD
02:04 - 32.530 THINK NOT BE REQUIRED ARE
02:04 - 34.010 ENTITLED TO AN APPLICATION
02:04 - 38.890 >>AND I'M SORRY WHO WAS THE IT
02:04 - 40.130 THAT YOU WERE FRIENDS THOUGH
02:04 - 40.880 SAID.
02:04 - 46.330 YEAH THAT'S THE
02:04 - 47.690 WHOLE ISSUE THAT'S IT. THE
02:04 - 49.370 DEPARTMENT HAS NEVER DEVIATED
02:04 - 50.780 FROM THIS BENEFIT RECEIVE MATH
02:04 - 51.920 THAT IT WAS AN INCORRECT
02:04 - 54.090 INTERPRETATION. BUT THERE'S NO
02:04 - 56.440 INCIDENTS OF THEM A SENSE OF
02:04 - 58.490 THAN DIVERTING DEVIATING FROM
02:04 - 00.380 THAT METHODOLOGY IN FACT
02:05 - 01.820 CONSIDERABLY FROM A CONDO NO
02:05 - 04.050 ONE NO ONE ARGUED BELOW.
02:05 - 06.220 >>IN FRONT OF THE OR.
02:05 - 09.250 THIS WAS AN
02:05 - 10.800 INCORRECT INTERPRETATION OF THE
02:05 - 12.920 STATUTE EVERYBODY AGREED WISE
02:05 - 13.740 IN THE WAYS.
02:05 - 16.070 >>I DON'T BELIEVE ITS WEIGHT
02:05 - 17.460 BECAUSE AT THE END OF THE DAY,
02:05 - 19.160 THE MAIN ISSUE IS HOW DO WE
02:05 - 20.850 COMPUTES IN THE SOUTH SPECTER.
02:05 - 22.420 THAT'S THE ISSUE.
02:05 - 24.670 >>WELL NO BBS AND ARE NEVER HAD
02:05 - 25.840 A CHANCE TO EXAMINE THIS
02:05 - 27.650 PARTICULAR QUESTION. THERE WAS
02:05 - 29.390 NEVER RAISED IN FRONT OF THEM.
02:05 - 32.150 >>THE ISSUE BEFORE THEM WAS
02:05 - 33.860 WHAT OUR SON THESE PENNSYLVANIA
02:05 - 34.550 SAYS.
02:05 - 36.130 AND THAT WAS THEIR
02:05 - 37.510 INTERPRETATION IS THE BENEFIT
02:05 - 38.980 RECEIVE METHOD, BUT THE
02:05 - 40.640 UNDERLYING YOU NOBODY, NOBODY
02:05 - 41.870 ARGUED, NOBODY ARGUE THE
02:05 - 43.700 CONTRARY INTERPRETATION NOBODY
02:05 - 45.280 RAISED THIS ISSUE IS THAT HOW
02:05 - 45.870 IT'S BEEN DONE
02:05 - 47.270 FOR DECADES.
02:05 - 49.460 >>OR YEARS OR DECADES OR AND
02:05 - 50.920 AGAIN ABOUT HOW BEING DONE
02:05 - 52.260 GOING FORWARD, I MEAN THERE'S
02:05 - 52.450 BEEN A
02:05 - 54.510 LEGISLATIVE CHANGE. WE HAVE AN
02:05 - 56.320 ISSUE OF THE ISSUE PRESERVATION
02:05 - 58.020 HERE JUST BECAUSE WE HAVE TO
02:05 - 59.420 KNOW THE REVIEW DOES THAT MEAN
02:05 - 00.540 WE ACT LIKE BEING THAT
02:06 - 01.790 PROCEEDING THE PART OF THE FDR
02:06 - 02.690 DID NOT HAPPEN.
02:06 - 05.570 >>I UNDERSTAND THAT
02:06 - 06.560 BUT THE THING THAT HAPPENED
02:06 - 07.770 BEFORE A COURT OF APPEALS AND
02:06 - 09.110 WORK WANTING TO REVENUE WAS
02:06 - 10.540 PEOPLE ROCK QUESTION OF
02:06 - 12.310 COMPUTING THE SOUTH AFTER THAT
02:06 - 13.560 ISSUE HAS BEEN PRESERVER.
02:06 - 15.590 THOSE WORDS ADDRESSED IT.
02:06 - 17.950 AND BOTH BOARDS QUITE FRANKLY
02:06 - 18.910 HAD THE INCORRECT
02:06 - 19.660 INTERPRETATION.
02:06 - 22.940 AND THE ATTORNEY GENERAL IS
02:06 - 24.580 CORRECTING THAT INTERPRETATION.
02:06 - 29.890 >>THE ONE YOU JUST
02:06 - 31.290 DON'T BURN YOUR YOU WHAT YOUR
02:06 - 32.420 YOUR VIEW OF THE POWER OF THE
02:06 - 33.980 ATTORNEY GENERAL IS NOT A COMET
02:06 - 34.980 THAT JACKET
02:06 - 36.090 ANY TIME.
02:06 - 38.270 >>THE ATTORNEY GENERAL ASSUMES
02:06 - 39.120 REPRESENTATION OF
02:06 - 43.520 AN AGENCY. IT IN AN APPEAL OF
02:06 - 45.020 AN ADJUDICATION THE ATTORNEY
02:06 - 47.780 GENERAL IS HAVE THE PREROGATIVE
02:06 - 51.080 TO CHALLENGE
02:06 - 54.390 IT QUIET. THE INTERPRETATION OF
02:06 - 56.170 THE STATUTE AND SAY IT'S WRONG.
02:06 - 01.220 >>IF YOU IT IS NOT SUPPORTED BY
02:07 - 02.220 THE WALL THAT IS CORRECT.
02:07 - 04.200 WE HAVE A DUTY TO CORRECT THAT
02:07 - 05.170 MISINTERPRETATION.
02:07 - 08.790 >>AND JUST STARTING OUT
02:07 - 10.770 A STUDENT SCARE UNIFORMITY
02:07 - 12.120 CLASS ISSUES IS THAT YOUR
02:07 - 13.430 POSITION IS THAT.
02:07 - 18.010 APPLY THE CORRECT
02:07 - 19.000 INTERPRETATION OF
02:07 - 20.980 THE LAW. THE FACT THAT THEY
02:07 - 23.350 APPLIED SIMILARLY SITUATED
02:07 - 25.740 TAXPAYERS WHICH WOULD FACE A
02:07 - 28.670 CLAIM FOR UNIFORM APPLICATION
02:07 - 31.080 SHOULD BE TOTALLY IGNORED
02:07 - 32.730 BECAUSE YOU'VE COMMENT NOW ON
02:07 - 33.610 SAID THAT WAS THE.
02:07 - 37.190 INCORRECT INTERPRETATIONS
02:07 - 39.600 THAT'S CORRECT. THAT'S YOUR
02:07 - 41.580 ANSWER TO UNIFORMITY CHART
02:07 - 43.630 THAT'S CORRECT. HOW DO YOU GET
02:07 - 44.990 AROUND THE FACT THAT IT WAS UP
02:07 - 47.440 LINES. THE OTHER SIMILARLY
02:07 - 49.560 SITUATED TAXPAYERS.
02:07 - 51.960 BASED ON WHAT IS TRADITIONALLY
02:07 - 54.430 UNIFORMITY CLAUSE A PRECEDENT.
02:07 - 57.390 >>AND I BASE THAT ON WHAT
02:07 - 58.680 HAPPENED IN STILLMAN
02:07 - 00.460 WESTINGHOUSE, THE ATTORNEY
02:08 - 02.480 GENERAL'S CORRECTION IS SUBJECT
02:08 - 03.720 TO MISINTERPRETATION IS NO
02:08 - 04.800 DIFFERENT FROM WHAT HAPPENED IN
02:08 - 05.740 THOSE CASES.
02:08 - 08.050 IN BOTH CASES THERE WAS A
02:08 - 09.480 MISINTERPRETATION THAT WAS
02:08 - 11.860 SUBSEQUENTLY CORRECTED. US
02:08 - 13.830 TAXPAYERS ASKING FOR THAT
02:08 - 15.250 MISINTERPRETATION OF THE LAW
02:08 - 17.500 FEELING FOR EVACUATION AND THE
02:08 - 19.410 PENNSYLVANIA SUPREME COURT WAS
02:08 - 20.500 THEY DISMISSED IT.
02:08 - 22.390 IN FACT CHECK SITE TO TAXPAYERS
02:08 - 23.120 FOR MAKING AN
02:08 - 25.580 ABSURD ARGUMENT OF PERPETUATING
02:08 - 27.580 THAT MISS MISINTERPRETATION OF
02:08 - 28.150 THE LAW.
02:08 - 35.960 OVERALL
02:08 - 37.030 I UNDERSTAND
02:08 - 39.220 THAT MISTER JOEL MAKES THE
02:08 - 41.420 ARGUMENT IN TODAY AND IN THE
02:08 - 42.720 INTERVENTION BRIEF THAT
02:08 - 43.950 THE DEPARTMENT OF REVENUE WAS
02:08 - 45.710 CHARGED WITH ADMINISTERING TAX
02:08 - 48.270 LAWS. SETTING TAX POLICY AND I
02:08 - 49.660 DO NOT DISPUTE THAT NIGHT NOT
02:08 - 50.950 INTERFERING WITH THAT.
02:08 - 52.890 HOWEVER THE ATTORNEY GENERAL'S
02:08 - 53.910 EXPERTISE IS
02:08 - 56.730 THE LAW AND WE ARE AN
02:08 - 58.020 INDEPENDENT AGENCY.
02:08 - 01.470 AND WE ARE WE SERVE AS A CHECK
02:09 - 02.220 AND BALANCE
02:09 - 04.140 ON THE GOVERNMENT AGENCIES AND
02:09 - 05.820 IF AN AGENCY IS DOING SOMETHING
02:09 - 07.530 INCORRECTLY. THE ATTORNEY
02:09 - 09.260 GENERAL HAS A DUTY TO CORRECT
02:09 - 09.450 THAT.
02:09 - 11.810 >>NO I DON'T KNOW I DON'T KNOW
02:09 - 12.130 WHERE YOU
02:09 - 13.570 GET YOUR CHECK AND BALANCE ON
02:09 - 14.900 THE AGENCY'S THE COMMONWEALTH
02:09 - 16.290 ATTORNEY JACK MAKE YOU A LAW
02:09 - 17.440 FIRM IT DOESN'T MAKE YOU AN
02:09 - 17.980 AGENCY.
02:09 - 23.700 >>WELL AND I TAKE THAT CHECK
02:09 - 25.630 AND BALANCE PACIFIC LEE FROM
02:09 - 28.620 THERE IS IN 1978. THEY JOIN A
02:09 - 29.110 STATE
02:09 - 31.400 GOVERNMENT COMMISSION. THE PAIR
02:09 - 32.740 THE DOCUMENT THAT EVENTUALLY
02:09 - 34.400 BECAME WHAT IS NOW KNOWN AS THE
02:09 - 35.690 COMMONWEALTH ATTORNEY'S ACT
02:09 - 38.250 AND IN THAT REPORT THEY
02:09 - 39.560 DESCRIBE THE ATTORNEY GENERAL'S
02:09 - 41.260 DUTY AS BEING A CHECK AND
02:09 - 41.780 BALANCE.
02:09 - 43.690 WE ARE AN
02:09 - 46.070 INDEPENDENT AGENCY. WE'RE NOT
02:09 - 48.400 BOUND BY THE GOVERNOR IS DOING
02:09 - 50.400 AN INDEPENDENT AGENCY I GET
02:09 - 51.500 THAT I'M I'M JUST LOOKING.
02:09 - 52.440 >>I'M JUST LOOKING AT THE
02:09 - 53.390 COMMONWEALTH ATTORNEY OR HE
02:09 - 55.370 PACKAGE AND THE ATTORNEY JACK
02:09 - 55.800 MAKE YOU
02:09 - 58.600 A WALKER. THAT'S WHAT MAKES YOU
02:09 - 00.060 RECALL THAT JUST CREATES
02:10 - 00.930 ESSENTIALLY TO LAW
02:10 - 01.990 FIRMS IN PRINT TO MAKE THE
02:10 - 03.670 OPPOSITE TO BE A TOP GENERAL
02:10 - 05.510 COUNSEL TO PRESENT JUDGE LET
02:10 - 06.620 KNOW THIS BETTER THAN I DO
02:10 - 07.410 BECAUSE SHE WAS
02:10 - 09.450 IS A GOVERNMENT WITH THIS WHOLE
02:10 - 10.670 THING HAPPENED.
02:10 - 12.880 BUT OFFICE OF GENERAL COUNSEL
02:10 - 14.340 AND THE ATTORNEY GENERAL BE
02:10 - 15.970 CREATED TO LAW FIRMS AND YET
02:10 - 16.770 THE ATTORNEY GENERAL CAN
02:10 - 18.520 INDEPENDENT AGENCY FOR FOR SOME
02:10 - 20.970 PURPOSES LIKE PROSECUTING CRIME
02:10 - 22.330 AND IN CONDUCTING
02:10 - 23.950 INVESTIGATIONS AND THINGS LIKE
02:10 - 25.260 THAT. BUT WHEN IT COMES TO
02:10 - 26.910 REPRESENTING THE COMMONWEALTH,
02:10 - 27.770 THE LAW FIRM.
02:10 - 33.650 >>I DON'T UNDERSTAND WHAT
02:10 - 35.180 SINGER WE'RE ALL I KNOW IS I'M
02:10 - 36.680 SORRY DOES NOT ENSURE THEIR
02:10 - 37.380 PROBLEM.
02:10 - 37.860 >>AND
02:10 - 40.100 THE CLIENT AND MY AND THE
02:10 - 42.300 LAWYER OR WHO WON.
02:10 - 44.270 >>IS THAT YOUR ARGUMENT.
02:10 - 47.080 YOU ARE BOTH OF THEM AND HOW
02:10 - 47.480 WELL
02:10 - 50.160 IT IS A LEGAL FICTION LIKE
02:10 - 52.630 EVERY ENTITY THAT BY
02:10 - 54.790 CORPORATIONS AS A AS A LEGAL
02:10 - 56.420 ACTION AND IN TERMS OF BEING A
02:10 - 57.370 REAL PERSON.
02:10 - 00.630 >>BUT I THE BIG HOW WELL.
02:11 - 03.390 WHAT YOU'RE
02:11 - 04.870 SAYING IS YOU REPRESENT THE
02:11 - 06.140 COMMONWEALTH AND YOU DON'T HAVE
02:11 - 07.470 TO CONFER WITH YOUR CLIENT,
02:11 - 09.440 YOUR DOCTOR UNLESS UNLESS YOU
02:11 - 10.950 AGREE WITH YOUR CLIENT THAT
02:11 - 11.590 WHAT YOU'RE SAYING
02:11 - 14.490 BECAUSE DAY IN AND DAY OUT FOR
02:11 - 16.480 TAX APPEAL, YOUR CLIENT IS THE
02:11 - 17.490 DEPARTMENT OF REVENUE.
02:11 - 20.640 >>AT ALL TIMES OUR CLIENT IS
02:11 - 23.180 THE COMMONWEALTH. AT ALL TIMES.
02:11 - 24.270 WE THEY WERE
02:11 - 26.100 I ABSOLUTELY SITUATIONS WHERE
02:11 - 27.650 WE DEFEND THE DEPARTMENT OF
02:11 - 29.340 REVENUE'S ACTIONS EVEN IN THIS
02:11 - 30.950 APPEAL AND DEFENDING THE
02:11 - 32.500 DEPARTMENT'S ACTIONS IN SAYING
02:11 - 33.650 THAT THEY DID NOT VIOLATE
02:11 - 34.360 UNIFORMITY.
02:11 - 37.710 BUT AT THE END OF THE DAY I
02:11 - 39.800 EVEN IN THIS CASE I CONSULTED
02:11 - 41.240 WITH THE DEPARTMENT OF REVENUE
02:11 - 42.410 BUT REPRESENTING
02:11 - 44.470 THE AGENCY'S IS SUBORDINATE TO
02:11 - 45.920 REPRESENTING THE COMMONWEALTH
02:11 - 47.500 AS A WHOLE IT HAS TO BE
02:11 - 49.850 THE COMMONWEALTH IS MUCH LARGER
02:11 - 50.970 AND GREATER THAN JUST THE
02:11 - 52.310 INDIVIDUAL AGENCY.
02:11 - 54.920 >>BUT WHO DETERMINE THE WILL OF
02:11 - 56.120 THE COMMONWEALTH OF A WHOLE AS
02:11 - 58.000 A WHOLE WHO DETERMINES THAT IF
02:11 - 58.330 NOT
02:11 - 58.800 THE GOVERNOR.
02:11 - 01.260 >>IN THE END HIS AGENCIES WERE
02:12 - 02.600 BESTED BY STATUTE WITH
02:12 - 03.680 ENFORCING THE LAW.
02:12 - 06.010 >>THE RETURN TO THE WORLD THE
02:12 - 07.540 COMMONWEALTH, THE ATTORNEY
02:12 - 07.890 GENERAL.
02:12 - 10.750 >>AND THAT IS RIGHT FROM THE
02:12 - 11.120 COMMONWEALTH
02:12 - 12.690 ATTORNEY'S ACT, THE ATTORNEY
02:12 - 14.030 GENERAL SHALL REPRESENT THE
02:12 - 14.530 CALM.
02:12 - 18.300 ONLY THE ATTORNEY GENERAL
02:12 - 19.540 THERE'S ONLY ONE PERSON.
02:12 - 21.140 >>THEY SAY THE ATTORNEY GENERAL
02:12 - 22.220 IS THE COMMONWEALTH.
02:12 - 25.540 >>I AND I UNDERSTAND THAT THE
02:12 - 27.000 ATTORNEY GENERAL IS STILL AN
02:12 - 29.720 INDEPENDENT AGENCY. BUT YES, WE
02:12 - 30.920 REPRESENT THE COMMON LAW.
02:12 - 34.220 AND THERE'S ONLY
02:12 - 36.660 ONE PERSON THAT IS STATUTORILY
02:12 - 38.130 CONSTITUTIONALLY AUTHORIZED TO
02:12 - 39.580 REPRESENT THE COMMONWEALTH AND
02:12 - 41.360 IT IS NOT THE GOVERNOR'S NAME.
02:12 - 43.550 >>WELL TRUE, BUT THIS IS A VERY
02:12 - 45.480 UNUSUAL. THE DURATION MAKERS IN
02:12 - 46.060 THE PRACTICE
02:12 - 48.060 OF LAW AND THEY'RE TURNING IN A
02:12 - 49.400 TIME FROM NEW YORK WIRED TO
02:12 - 51.820 PRODUCE THE WAR AND THAT HE
02:12 - 53.210 ACTUALLY DOES HAVE A CLIENT.
02:12 - 54.760 IT IS UNCLEAR.
02:12 - 58.580 I YEAH, THIS IS IT.
02:13 - 01.410 YOU CAN TALK TO
02:13 - 03.750 YOUR CELL. THEY DETERMINE WHAT
02:13 - 05.190 THE COMMONWEALTH INTEREST DEATH
02:13 - 07.420 AND THEN FILE A BRIEF AFTER YOU
02:13 - 09.040 TALK TO YOURSELF ABOUT WHAT THE
02:13 - 10.570 COMMONWEALTH AND HER DEATH.
02:13 - 11.590 RIGHT.
02:13 - 15.270 >>THE THEORETICALLY, YES.
02:13 - 20.950 >>WIND OUT OF YOUR ARGUMENT
02:13 - 22.350 YOU'RE WELL OVER HERE, I'M.
02:13 - 23.720 >>OKAY I WOULD JUST LIKE TO
02:13 - 25.080 CONCLUDE THAT THIS COURT
02:13 - 26.040 PROJECTS IN THE
02:13 - 27.930 REBOUND PLANE. BECAUSE IT IS
02:13 - 29.170 BASED ON AN INCORRECT
02:13 - 30.660 INTERPRETATION OF THE LAW
02:13 - 32.840 AND I ASK THAT YOU INSTEAD
02:13 - 34.670 UPHOLD THE LAW AS WRITTEN IN
02:13 - 36.980 SOME UPPER 70. THANK YOU.
02:13 - 44.510 >>YES, I LIKE TO MAKE YOUR
02:13 - 46.260 HONOR'S US 3 POINTS OR
02:13 - 48.560 A BOTTLE. FIRST IS TO THIS THIS
02:13 - 49.970 CONCEPT WITH MISTER MCCONNELL
02:13 - 51.180 WAS JUST TALKING ABOUT IS THAT
02:13 - 53.560 CORRECTING THE INTERPRETATION.
02:13 - 54.720 >>AGAIN.
02:13 - 57.480 MY CAR AND NO HOME IN THIS CASE
02:13 - 59.100 IS THE CALM WELL AND IT'S FREE
02:13 - 00.360 FOR NOW ON WORLD ARGUMENT
02:14 - 01.710 DRESSED UP A SUPREME COURT
02:14 - 02.360 ARGUMENT.
02:14 - 04.470 AND THERE'S BEEN NO REASON
02:14 - 06.670 GIVEN WHY YOU SHOULD EAT FROM
02:14 - 08.740 MY FIRST TEACHING EVEN
02:14 - 10.140 CORRECTLY WRITTEN STATUTE,
02:14 - 11.980 THIS YIELD TO THE GUARANTEES OF
02:14 - 13.610 THE UNIFORM BECAUSE WE SEE
02:14 - 15.240 THERE FOR NO REASON WHY THIS
02:14 - 15.730 COURT
02:14 - 18.790 GIVEN IT'S A GREAT FROM MALI
02:14 - 20.620 KOHR HARLAN CALL ALL THOSE
02:14 - 22.610 OTHER CASES WE CENTER THE STAND
02:14 - 24.230 FOR THE SAME POSITION. THE
02:14 - 25.870 STATUTORY LANGUAGE CASE LIKE
02:14 - 28.050 THIS MUST FEEL ACTIONS YOU KNOW
02:14 - 30.290 FOR A CAUSE AND 2 SONS.
02:14 - 33.370 THE SECOND POINT I'D LIKE TO ME
02:14 - 34.610 I WAS SORT OF A DEEPER DIVE ON
02:14 - 36.430 THAT THIS TO CONTINUE THIS
02:14 - 37.540 APPLICATION OF ALL MISTER
02:14 - 38.540 MCCOLLUM SPRINGS UP
02:14 - 39.960 TO TREATMENT. I JUST DON'T
02:14 - 41.220 MENTION CHARLES AND WESTERN
02:14 - 43.050 COUNTIES. SO THE CALL SEEKS
02:14 - 44.910 TO FRIENDS OUR POSITIONS AND
02:14 - 46.320 HIS POSITION IS ONE IS
02:14 - 47.570 CONTINUING TO MISAPPLIED THE
02:14 - 49.950 LAW. WE DID NOTHING THE FURTHER
02:14 - 52.220 FROM TREES, THE EXACT CALL
02:14 - 53.300 AGAIN TO STIMULATE THE
02:14 - 56.260 APPLICATION AND SEE ON TO ALSO
02:14 - 57.530 MUCH TO TREAT TAXPAYERS.
02:14 - 59.210 RESULTS ARE CONSISTENT THE
02:14 - 01.220 LIVER POLICY ON THE PART OF
02:15 - 02.890 PRESIDENT THAT HAS TO THE FINER
02:15 - 04.950 POINTS OF OF CONTINUING THIS
02:15 - 07.100 APPLICATION THESE 3 CASES I CAN
02:15 - 08.910 PACK THAT QUICKLY. A STONEMAN
02:15 - 10.410 FOR SHE CONTROLS LESSON COUCH.
02:15 - 12.830 ALL 3 WERE CASES OR
02:15 - 14.530 YOU HAD THE NUMBER OF TAXPAYERS
02:15 - 15.850 RECEIVED THIS
02:15 - 18.660 TREATMENT OR WAS LIKE ONE OR 2
02:15 - 20.080 THESE ARE CASES WANT HER TO
02:15 - 22.000 TAXPAYERS RECEIVED PREFERENTIAL
02:15 - 22.340 TREATMENT.
02:15 - 24.810 ANOTHER TAXPAYER CAN WALK AND
02:15 - 26.130 SAID HEY I WOULD LIKE TO
02:15 - 27.990 BENEFIT THAT TREE IN THE FRONT
02:15 - 29.300 LINE AND.
02:15 - 32.420 THAT THAT CASE WAS THERE AND
02:15 - 32.950 THEN IN
02:15 - 35.270 THE MEANTIME THE POLICY
02:15 - 36.920 WHATEVER THE PRICE TO THE
02:15 - 38.940 FRAGILE TREATMENT THAT POLICY
02:15 - 39.030 IN
02:15 - 40.800 THOSE CASES AS YOU SEND IT
02:15 - 43.730 RESULT TO REPEAL CENTER AND THE
02:15 - 45.070 COURT ANALYZED AND SAID.
02:15 - 47.290 NO UNIFORM VIOLATION
02:15 - 49.730 CLEARLY BECAUSE YOU KNOW ONE OR
02:15 - 52.050 2 TO RUN HIS INTERPRETATIONS
02:15 - 53.970 ARE MISFIRING GUIDANCE IS NOT
02:15 - 55.500 UNIFORMITY CLAUSE VIOLATION
02:15 - 58.250 CONTRAST THAT CITIES.
02:15 - 59.690 SUNDAY'S LET'S TALK ABOUT THE
02:15 - 00.970 NUMBER OF TAXPAYERS FROM THE
02:16 - 02.510 SCENE THE BENEFIT IS
02:16 - 04.850 PREFERENTIAL TREATMENT. ONE NOT
02:16 - 07.320 2. BUT ALL ALSO IN SCITUATE
02:16 - 09.580 TAXPAYERS. WE SEE THAT IT
02:16 - 12.810 RECEIVED THAT PERCENT DAYS THEN
02:16 - 14.440 WE LOOK AT WAS
02:16 - 16.250 THIS POLICY ISSUE LIKE AN
02:16 - 17.780 ASTONISHING CONTROLS LESS IN
02:16 - 19.900 MOST CASES WAS A POLICY ISSUE
02:16 - 22.190 OR SEND IT PDA TO PROVOKE YOUNG
02:16 - 22.730 CENTER.
02:16 - 25.540 NO WE HEARD FROM MISTER IS ALL
02:16 - 27.380 THAT IT HAS BEEN AND CONTINUES
02:16 - 28.520 TO BE WHY DID
02:16 - 30.860 WELL PENNSYLVANIA AND THEREFORE
02:16 - 32.370 FOR A UNIFORM VIOLATION.
02:16 - 34.140 WE THINK THAT THE CONCLUSION
02:16 - 36.030 THAT IT IS UNDERSTANDABLE IS
02:16 - 37.810 CAPABLE HERE. UNLIKE THOSE
02:16 - 39.970 OTHER CASES, THIS IS A UNIFORM
02:16 - 40.650 VIOLATION.
02:16 - 44.330 LASTLY I WANT TO
02:16 - 48.760 RESPONSE TO MISTER MCCONNELL
02:16 - 50.570 THAT THE YOU KNOW THE WHAT IS
02:16 - 51.560 GOING ON HERE IT'S REALLY A
02:16 - 53.010 CLASS STRUGGLE. I COME OFF
02:16 - 54.100 COURT RIGHT BY
02:16 - 57.900 THE COMMONWEALTH AND CORRECTING
02:16 - 59.580 INTERPRETATIONS OF CALLS ARE
02:16 - 01.690 REALLY DRAWING TO CLASSES
02:17 - 02.030 RIGHT.
02:17 - 04.330 THEY'RE SEEKING AS YOU SAW LIVE
02:17 - 05.730 IN VENICE RECEIVED THAT AT THE
02:17 - 07.620 MINISTRY OF ORDERS, THEY'RE
02:17 - 09.160 SOMEHOW DIFFERENT NOW THAN
02:17 - 10.350 WE'RE AT A DIFFERENT RULE OF
02:17 - 11.850 LAW FOR CASES OF EACH COURT AND
02:17 - 13.270 WAS STATE ATTORNEY GENERAL IS
02:17 - 14.250 SOMETHING TO CORRECT
02:17 - 15.840 INTERPRETATION. THAT'S WHAT
02:17 - 16.480 IT'S MEANT FROM A
02:17 - 17.880 CLASSIFICATION PERSPECTIVE.
02:17 - 21.350 NO SUCH ISAAC ASIAN. IT'S JUST
02:17 - 23.830 SOME PROGRESS 17. ANDERSON HER
02:17 - 26.030 17 ALL FOR TAXPAYERS. SHE'S
02:17 - 28.150 PROVIDING SERVICES ARE IN THE
02:17 - 29.830 SAME CLASS. YEAH, THIS IS NOT
02:17 - 31.910 JUST MY THING IN THIS IS LONG
02:17 - 33.750 HELD AND SO THE INJURIES PRINCE
02:17 - 35.500 I THANK YOU FOR YOUR 3 BRINGS
02:17 - 36.270 CASE BESIDE IT
02:17 - 37.400 THE COURT WILL NOT PERMIT
02:17 - 39.010 CLASSIFICATION WHERE IT'S NOT
02:17 - 39.390 INCLUDING
02:17 - 41.570 THE STATUTE. ISAAC ASIAN SAUCE
02:17 - 43.030 THE CALL THE ATTORNEY GENERAL
02:17 - 44.490 RATHER CLASSIFICATION THE COURT
02:17 - 46.870 SAYS THE PRODUCT. LEGISLATURE.
02:17 - 49.010 MORE RECENTLY THE
02:17 - 50.690 CLINTON CASE PERSONALLY I WILL
02:17 - 52.260 NOT ALLOW ARBITRARY
02:17 - 54.310 CLASSIFICATION MIGHT DRAW THE
02:17 - 55.930 EFFORT TO THIS HUGHES KNOWING
02:17 - 57.790 THE STORY. FINALLY.
02:17 - 00.370 IN THE HANDS OF A SUPREME COURT
02:18 - 02.270 CASE OF CLEARFIELD WANT TO MISS
02:18 - 04.170 AFTER THE 1930'S AND WHAT I
02:18 - 04.900 THINK SAID IT BEST OF
02:18 - 06.180 THE LAW THE RIGHT OF
02:18 - 07.880 CLASSIFICATION IS ALLOWED IN
02:18 - 09.780 ORDER TO AVOID THE
02:18 - 12.250 CORRECT INEQUALITIES NEVER TO
02:18 - 12.640 CREATE.
02:18 - 14.960 WHEN SMITH THAT'S EXACTLY THE
02:18 - 16.220 COUPLE'S DOING WHAT IT'S DOING
02:18 - 18.340 HERE CREATING CALLERS.
02:18 - 21.540 IT'S A
02:18 - 23.920 SPECIALLY AGAIN WE'D LIKE TO BE
02:18 - 24.620 LIKE THIS COURT
02:18 - 26.810 TO RULE SUNDAY'S TITLE TO
02:18 - 28.760 COMPUTE TAX OTHER THAN THAT YOU
02:18 - 30.530 RECEIVED RECORD. THE MATTER OF
02:18 - 31.050 US ALREADY.
02:18 - 35.690 THIS SUNDAY ON
02:18 - 36.720 ITS HISTORY.
02:18 - 38.800 >>THIS IS THE HEART KITCHEN AND
02:18 - 40.690 IT IS A LATER ADDITION TO THE
02:18 - 42.510 SCOTCH IRISH STYLE
02:18 - 44.650 HOME IT WAS ADDED AFTER THE
02:18 - 46.090 ORIGINAL KITCHEN BURNED IN A
02:18 - 47.970 FIRE IN THE YEAR 1847.
02:18 - 51.320 IT FEATURES A HEARTS AS WELL AS
02:18 - 52.420 A SWIRL TALE
02:18 - 55.060 OF THEM A NOTABLE BECAUSE OF
02:18 - 56.930 THE FLU THAT CURVES OVER THE
02:18 - 58.980 DOME THIS ALLOWED FOR BETTER
02:18 - 00.900 HEAT RETENTION AND CIRCULATION.
02:19 - 05.910 >>WE'RE HERE NUMBER
02:19 - 08.300 49 MONTGOMERY COUNTY
02:19 - 10.370 CONSERVATION DISTRICT ARE SET
02:19 - 11.560 FREE. I
02:19 - 13.250 DON'T LIKE. MISTER MIGHT ELECT
02:19 - 15.460 OF THE MONTGOMERY COUNTY NEAR A
02:19 - 18.290 NEW 27 HOME DEVELOPMENT KNOWN
02:19 - 19.420 AS OR AND CLOCK
02:19 - 22.010 FARM, THE INITIATED A LOT FOR
02:19 - 24.170 THE GAME. THE MONTGOMERY COUNTY
02:19 - 25.910 CONSERVATION DISTRICT, THE
02:19 - 28.050 DEVELOPER AND SEVERAL OTHERS
02:19 - 29.820 ALLEGING THAT THE DEVELOPMENT
02:19 - 32.240 HAS CREATED A MASSIVE INCREASE
02:19 - 34.530 FROM WATER AROUND ON HIS
02:19 - 35.010 PROPERTY.
02:19 - 37.330 WHEN YOU BUY TO LET THE
02:19 - 39.840 MONETARY DAMAGES AND INJUNCTIVE
02:19 - 40.230 RELIEF.
02:19 - 42.990 >>THE TRIAL COURT DISMISSED A
02:19 - 45.120 CLAIM FOR MONETARY DAMAGES.
02:19 - 47.020 >>BUT NOT A CLAIM FOR
02:19 - 48.970 INJUNCTIVE RELIEF. GRAHAM THE
02:19 - 50.670 MONTGOMERY COUNTY, I'M HER
02:19 - 53.960 RATION DIFFERENT. TIME THE GOOD
02:19 - 56.830 THING. THEN THOUGHT OF THIS OR
02:19 - 59.780 IN HER LOCKER TORY REVIEW OF
02:19 - 00.470 THAT ORDER.
02:20 - 02.920 IT CAN HAND, BUT IT ISN'T AN
02:20 - 03.970 FROM AN HALLADAY OF THE
02:20 - 06.120 COMMONWEALTH. IT IS A MERE IN
02:20 - 08.410 FROM THE CLAIM OR INJUNCTIVE
02:20 - 08.810 RELIEF.
02:20 - 09.940 THE
02:20 - 12.080 CONSERVATION DEATH ALSO ARGUES
02:20 - 13.640 THAT IT'S NOT SUBJECT TO
02:20 - 15.160 PENNSYLVANIA, WARM WATER
02:20 - 18.070 MANAGEMENT ACT, WORLDWIDE THE
02:20 - 20.470 OR TO RIP HER ROUND
02:20 - 23.000 4 OR HOLDING AND THE BORDER,
02:20 - 25.160 THE TRIAL COURT TO DISMISS IT
02:20 - 27.490 FROM THE LITIGATION ENTIRELY.
02:20 - 31.110 AND WITH THAT THAT WE
02:20 - 33.820 100 DALLAS.
02:20 - 37.740 >>I MAY HAVE PLEASE THE
02:20 - 39.780 WILLIAM GALLAS OF THE
02:20 - 41.350 DEPARTMENT OF ENVIRONMENTAL
02:20 - 43.520 PROTECTION OFFICE. THE CHIEF
02:20 - 44.720 COUNSEL FOR THE APPELLANT
02:20 - 46.720 MONTGOMERY COUNTY CONSERVATION
02:20 - 49.340 DISTRICT. I'D LIKE TO RESERVE 3
02:20 - 50.770 MINUTES FOR REBUTTAL IF I MAY.
02:20 - 55.830 THANK YOU YOUR HONORS
02:20 - 57.490 CONSERVATION DISTRICTS OR
02:20 - 59.660 GOVERNMENTAL ENTITIES CREATED
02:20 - 01.930 PURSUANT TO STATE LAW FOR THE
02:21 - 02.670 PROTECTION OF THE
02:21 - 05.090 COMMONWEALTH'S SOIL WATER AND
02:21 - 07.680 RELATED RESOURCES. DISTRICT,
02:21 - 10.570 7 HYBRID NATURE. THEY ARE SO
02:21 - 12.390 DIVISIONS OF STATE GOVERNMENT
02:21 - 14.510 THAT ARE ORGANIZED ON COUNTY BY
02:21 - 15.800 COUNTY BASIS.
02:21 - 18.010 IN THAT CAPACITY THEY'RE
02:21 - 19.900 UNIQUELY SITUATED TO OFFER A
02:21 - 22.250 LOCAL PERSPECTIVE ON ISSUES OF
02:21 - 25.280 STATEWIDE CONCERN. AMONG OTHER
02:21 - 27.660 DUTIES DISTRICTS PERFORMED
02:21 - 29.060 ENVIRONMENTAL PROGRAM
02:21 - 30.520 ACTIVITIES PURSUANT TO
02:21 - 33.380 DELEGATION AGREEMENTS WITH TP
02:21 - 35.950 AND SUBJECT TO TP IS OVERSIGHT
02:21 - 38.100 AND CONTROL THE PLAINTIFFS
02:21 - 39.860 ALLEGATIONS HERE. WE'RE
02:21 - 41.850 CONCERNED WITH 8 DISTRICTS IT'S
02:21 - 43.340 HARD TO INTERRUPT YOU IF YOU
02:21 - 45.150 COULD JUST EXPAND A LITTLE BIT
02:21 - 46.460 ABOUT THE NATURE OF THE
02:21 - 48.110 DISTRICT YOU GET YOUR THAT'S
02:21 - 49.600 THE CONTRADICTION DISTRICT GET
02:21 - 51.060 FUNDED BY D P.
02:21 - 51.900 >>OR BY
02:21 - 52.660 THE COUNTY.
02:21 - 56.300 >>BOTH IRAN THE DISTRICTS
02:21 - 57.850 RECEIVE MONEY FROM THE STATE
02:21 - 59.510 CONSERVATION COMMISSION AND
02:21 - 01.570 DIRECTLY FROM THE KEYS GENERAL
02:22 - 04.020 FUNDS ALSO A VARIETY OF OTHER
02:22 - 06.830 STATE AGENCIES INCLUDING DCNR
02:22 - 08.070 AND THE DEPARTMENT OF
02:22 - 10.430 AGRICULTURE BUT THE COUNTY'S DO
02:22 - 12.640 ALSO PROVIDE FUNDS SO DOES THE
02:22 - 13.840 FEDERAL GOVERNMENT.
02:22 - 16.760 IN THIS CASE THE DISTRICT AND
02:22 - 17.090 SIR.
02:22 - 19.220 IN THIS CASE THE DISTRICT'S
02:22 - 21.110 ACTIVITIES WERE PURSUANT TO A.
02:22 - 23.710 OVERSIGHT INSPECTION
02:22 - 25.520 OF STORM WATER ASSOCIATED WITH
02:22 - 27.510 CONSTRUCTION ACTIVITIES AS PART
02:22 - 28.950 OF A STATEWIDE PROGRAM
02:22 - 30.990 TO PREVENT COLORED RELATION TO
02:22 - 32.350 THE WATERS OF THE COMMON ALL.
02:22 - 35.370 THIS COURT GRANTED REVIEW ON
02:22 - 35.970 ISSUES OF
02:22 - 38.480 SOVEREIGN IMMUNITY. BRIEFLY THE
02:22 - 39.990 DISTRICT IS ELIGIBLE TO
02:22 - 42.610 CLAIM IMMUNITY. THE COURT BELOW
02:22 - 43.970 ADDRESSED THE ISSUE IN
02:22 - 46.640 CONSISTENTLY IN DISMISSING SOME
02:22 - 47.890 OF THE CLAIMS AGAINST THE
02:22 - 50.340 DISTRICT. ALL OF THEM AND
02:22 - 52.360 THE DISTRICT. SOME UNITY HAS
02:22 - 54.350 NOT BEEN WAIVED BY STATUTE
02:22 - 56.750 HERE. THE DISTRICT REQUESTS
02:22 - 58.340 THAT THIS COURT REVERSED THE
02:22 - 59.920 DENIAL OF ITS MOTION FOR
02:22 - 01.720 SUMMARY JUDGMENT ON THE
02:23 - 03.060 STATUTORY INJUNCTIVE
02:23 - 05.640 RELIEF BLAME AND SHE REMAINS
02:23 - 07.340 WITH INSTRUCTIONS TO DISMISS
02:23 - 08.900 THE DISTRICT FROM THE ACTION
02:23 - 09.450 BELOW.
02:23 - 11.640 AND THERE ARE ALSO BROADER
02:23 - 13.220 ISSUES WORTH NOTING HERE.
02:23 - 15.030 THEY CLAIM THAT REMAINS AGAINST
02:23 - 16.890 THE DISTRICT IS A STORM WATER.
02:23 - 19.180 CLAIM FOR
02:23 - 21.440 INJUNCTIVE RELIEF. BUT NONE OF
02:23 - 23.280 THE DISTRICT'S ACTIVITIES HERE
02:23 - 26.010 WAS CONDUCTED PURSUANT TO ACT
02:23 - 27.830 WHICH IS PRIMARILY PLANNING
02:23 - 30.740 STATUTE. INSTEAD THE DISTRICT
02:23 - 33.020 PERFORMS INSPECTION PERMITTING
02:23 - 35.050 AND OVERSIGHT PURSUANT TO THE
02:23 - 36.460 CLEAN STREAMS LAW
02:23 - 37.710 AND THEY WERE DECREASED
02:23 - 40.010 REGULATIONS AT 25 PA CODE
02:23 - 41.750 CHAPTER ONE TO 2.
02:23 - 43.800 MOREOVER THE DISTRICT'S
02:23 - 46.440 INVOLVEMENT HERE ENDED WHEN IT
02:23 - 47.980 TERMINATED THE DEVELOPERS
02:23 - 50.550 PERMIT THAT ACTION IS FINAL.
02:23 - 52.510 I WAS NOT APPEALED BY ANY PARTY
02:23 - 54.250 TO THE ENVIRONMENTAL HERE
02:23 - 56.210 IN BOARD. ANY SUBSEQUENT
02:23 - 58.630 ENFORCEMENT ACTION NOW BE ATP
02:23 - 00.480 FUNCTION UNDER THE CLEAN
02:24 - 02.450 STREAMS LAW AND SUBJECT TO
02:24 - 05.170 THE IS ENFORCEMENT DISCRETION
02:24 - 07.500 COUNCIL TO COME.
02:24 - 10.040 >>I COULD YOU TELL ME WHAT
02:24 - 13.130 PRECISELY YOU THINK AN
02:24 - 15.550 INJUNCTION WOULD LOOK LIKE OR
02:24 - 17.290 HOW IT WOULD AFFECT YOUR
02:24 - 18.030 CLIENT.
02:24 - 20.760 >>YOU'RE OUT I WAS
02:24 - 22.740 JUST ABOUT TO SAY THAT THERE IS
02:24 - 24.810 NO ONGOING ACTIVITY OF THE
02:24 - 27.040 CONSERVATION DISTRICT TO ENJOIN
02:24 - 29.440 HERE AS THE DISTRICT ACTUALLY
02:24 - 29.610 BE
02:24 - 31.420 AND MELODY. THIS WHAT YOU'RE
02:24 - 33.620 SAYING OR HOW DID HOW WOULD IT
02:24 - 34.800 IMPACT YOUR CLIENT.
02:24 - 37.370 >>THE DISTRICT HAS NO
02:24 - 39.310 A CLEAR SENSE OF HOW IT COULD
02:24 - 41.560 BE ENJOINED OR WHAT IT COULD BE
02:24 - 43.770 ORDERED TO DO IN THIS CASE.
02:24 - 45.240 >>AND THE DISTRICT QUESTIONS
02:24 - 47.030 WHY WAS NAMED TO SIT UP AND TO
02:24 - 47.420 ALL YEAR.
02:24 - 49.810 >>WHAT'S THE STATUS WITH THE
02:24 - 53.000 BUT THE DEVELOPER THE AND THE
02:24 - 54.300 ENGINEERS WHAT'S GOING ON WITH.
02:24 - 55.670 >>THAT PART OF THE SUIT.
02:24 - 57.410 >>THAT PART OF THE SHOOT IS
02:24 - 59.300 STAYED PENDING RESOLUTION OF
02:24 - 02.230 THIS ISSUE BY THIS THEY ARE
02:25 - 04.230 THE TOWNSHIP WAS DISMISSED FROM
02:25 - 05.580 THE CASE COMPLETELY
02:25 - 07.140 THE TOWNSHIP, THE MOVE TO
02:25 - 07.640 DISMISS
02:25 - 09.860 LOOK FOR SUMMARY JUDGMENT ON
02:25 - 11.810 LOCAL COMMUNITY AND GOT OUT HIS
02:25 - 13.410 COMPLETELY ALL OF THE OTHER
02:25 - 15.130 DEFENDANTS ARE STILL IN THE
02:25 - 17.610 CASE, WAITING WAITING. OKAY, SO
02:25 - 18.130 IF IF.
02:25 - 19.600 >>THEY FIND OUT IN THE COURSE
02:25 - 20.680 OF THAT CASE THAT THERE'S A LOT
02:25 - 22.590 OF PROBLEMS THAT OCCURRED WOULD
02:25 - 24.160 YOU HAVE TO STEP BACK IN TO
02:25 - 26.190 ENSURE THAT THEY FIX THE
02:25 - 27.040 PROBLEMS.
02:25 - 29.240 >>WELL YOU IN
02:25 - 30.300 THIS CASE, YOUR HONOR THE
02:25 - 32.170 CONSERVATION DISTRICT WOULDN'T
02:25 - 33.970 REALLY HAVE ANY DIRECT ROLE IN
02:25 - 37.390 THAT GDP. I AM PLAYER IN A
02:25 - 39.320 USUAL CLIENT COULD IN THE
02:25 - 40.640 EXERCISE OF THAT OF COURSE
02:25 - 42.580 MEANT DISCRETION. IF THERE WERE
02:25 - 45.280 SUCH PROBLEMS TAKE SOME ACTION
02:25 - 46.990 THAT WOULDN'T THAT WOULDN'T
02:25 - 47.940 INVOLVE DISTRICT.
02:25 - 50.540 >>NO NO THE CONSERVATION
02:25 - 52.020 DISTRICT OF THEM
02:25 - 54.290 THE REGULATE IT DOESN'T HAVE AN
02:25 - 55.130 ONGOING
02:25 - 58.660 REGULATORY RESPONSIBILITY OR
02:25 - 58.850 OUR
02:25 - 01.500 MODERN MANAGEMENT. THE YOU WHAT
02:26 - 03.200 THE CONSERVATION DISTRICT IN AN
02:26 - 05.270 ISSUE A PERMIT TO THE DEVELOPER
02:26 - 05.960 RED FOX
02:26 - 08.770 ARM THE MONTGOMERY, THE ISSUE.
02:26 - 10.060 OKAY.
02:26 - 12.480 >>START THE CONSERVATION
02:26 - 14.730 DISTRICTS PERFORMS PURSUANT TO
02:26 - 17.470 DELEGATION AGREEMENT WITH TP A
02:26 - 19.080 VARIETY OF FUNCTIONS UNDER THE
02:26 - 20.120 CLEAN STREAMS LAW,
02:26 - 21.960 INCLUDING SOME PERMITS FOR
02:26 - 23.710 STORM WATER ASSOCIATED
02:26 - 27.020 CONSTRUCTION ACTIVITIES AND IN
02:26 - 28.980 THAT CONTEXT. LET.
02:26 - 31.620 >>OK SO YOU ISSUED THE PERMIT
02:26 - 33.190 HER TO ENTER THE DELEGATION.
02:26 - 34.800 AND DO
02:26 - 37.710 YOU HAVE THE RESPONSIBILITY TO
02:26 - 40.500 REVOKE A PERMIT IT PAYS TO
02:26 - 42.130 VIOLATE THE TERMS OF THERE.
02:26 - 45.070 YOU HAVE A RESPONSIBILITY TO
02:26 - 47.940 SEEK THEIR OWN PENALTY. AGAIN
02:26 - 48.980 THE PERMIT FEE.
02:26 - 52.180 >>IN APPROPRIATE CASES HERE ON
02:26 - 54.770 OR IN THIS CASE THE PERMIT RAN
02:26 - 55.700 ITS COURSE
02:26 - 57.510 THE DISTRICT ISSUED A NOTICE OF
02:26 - 59.570 TERMINATION PURSUANT TO THE
02:26 - 02.040 DEVELOPMENT SHOULD DELEGATION
02:27 - 03.920 AGREEMENTS. THERE WERE NO
02:27 - 06.080 ISSUES NOTED THAT TIME THAT
02:27 - 07.630 ROSE TO THE LEVEL OF
02:27 - 09.240 TAKING AN ENFORCEMENT ACTION
02:27 - 09.630 WHICH WOULD HAVE
02:27 - 12.200 BEEN HURT TO TEACH A SO IN THIS
02:27 - 14.180 CASE, NO INAPPROPRIATE CASES,
02:27 - 14.650 YES.
02:27 - 19.310 SO
02:27 - 20.310 THE COURT.
02:27 - 23.120 IT WAS GREAT QUESTIONS TO I'M
02:27 - 24.950 TO US TO THAT WE'VE HAD RAISED
02:27 - 26.330 IN OUR PETITION. FRENCH ARE
02:27 - 28.350 LIKE IT OR A REVIEW AND THEN
02:27 - 30.400 PRELIMINARY QUESTION. THE COURT
02:27 - 32.330 ASKED US TO ADDRESS IS THE
02:27 - 33.800 DISTRICT AN INSTRUMENT ELODIE
02:27 - 34.710 OF THE COMMONWEALTH
02:27 - 36.500 SUCH THAT IT MAY HAVE POKED THE
02:27 - 37.490 AFFIRMATIVE DEFENSE OF
02:27 - 39.220 SOVEREIGN IMMUNITY, THE ANSWER
02:27 - 40.890 TO THAT QUESTION IS YES,
02:27 - 42.600 THE ALLEGATIONS AGAINST THE
02:27 - 44.100 DISTRICT HERE CAN CERTAIN
02:27 - 46.490 REGULATORY ACTIVITY ON BEHALF
02:27 - 47.570 OF D P
02:27 - 49.800 THE DISTRICT MOVED TO DISMISS
02:27 - 50.470 ON SOVEREIGN
02:27 - 52.760 IMMUNITY GROUNDS THE TOUR
02:27 - 54.170 CLAIMS AND THE STORMWATER
02:27 - 56.230 MANAGEMENT ACT MONETARY DAMAGES
02:27 - 58.280 CLAIMS WERE DISMISSED. AND THE
02:27 - 59.980 COURT DOES REALLY IS ARE NOT
02:27 - 01.720 INJURE OR KILL. THE
02:28 - 03.230 ONLY POSSIBLE REASON THE COURT
02:28 - 04.450 BELOW COULD REACH THAT
02:28 - 06.840 CONCLUSION IS THAT BY PRECEDENT
02:28 - 08.990 REGULATORY ACTIVITY SUCH AS
02:28 - 11.650 OCCURRING HERE IS NOT SUBJECT
02:28 - 13.130 TO AN EXCEPTION TO THE RULE OF
02:28 - 14.210 SOVEREIGN IMMUNITY.
02:28 - 16.510 THERE WAS NO OPINION BELOW BUT
02:28 - 17.590 EITHER THE DISTRICT JUST A
02:28 - 19.110 COMMONWEALTH INSTRUMENT SALLY
02:28 - 19.930 AN AGENCY,
02:28 - 23.460 DIRECTLY OR BY VIRTUE OF GDP IS
02:28 - 25.270 DELEGATED POWERS OR BOTH.
02:28 - 27.890 THE CONSERVATION DISTRICT LAW
02:28 - 29.670 STATES THAT A SURVATION
02:28 - 31.090 DISTRICTS OR AGENCIES OF THE
02:28 - 32.590 COMMONWEALTH THAT LANGUAGE
02:28 - 34.890 SUBSTANTIALLY SIMILAR TO THE
02:28 - 36.030 LANGUAGE THAT WAS HELD TO BE
02:28 - 37.500 DISPOSITIVE IN THE MARSHALL
02:28 - 38.940 CASE OF THE SUPREME COURT IN
02:28 - 40.920 1990 INVOLVING THE PORT
02:28 - 42.770 AUTHORITY OF ALLEGHENY COUNTY.
02:28 - 45.370 THE CONSERVATION DISTRICT LAW
02:28 - 47.530 ALSO PROVIDES THAT DISTRICTS
02:28 - 49.800 HAVE HOW THE POWERS VESTED IN
02:28 - 50.560 THE DELEGATE IN
02:28 - 53.130 COMMONWEALTH AGENCY. AND SO THE
02:28 - 54.510 DISTRICT IS A COMMONWEALTH
02:28 - 56.340 AGENCY AN INSTRUMENT TELL A T
02:28 - 58.650 DIRECTLY UNDER THE LAW AND ALSO
02:28 - 00.340 BY VIRTUE OF THAT DELEGATION.
02:29 - 03.300 TP I MIGHT ALSO ADD THAT THE
02:29 - 04.450 COMPLAINT IN THIS MATTER
02:29 - 06.450 CONCEDES AS MUCH AND THAT WAS
02:29 - 08.440 NEVER A TISSUE LET GO AND THE
02:29 - 10.230 RECORD PAGE 9 PARAGRAPH.
02:29 - 11.920 10 OF THE COMPLAINT STATES.
02:29 - 13.770 MONTGOMERY COUNTY CONSERVATION
02:29 - 15.210 DISTRICT, A SUBDIVISION
02:29 - 16.120 COUNSELOR.
02:29 - 17.860 >>I'VE BEEN SPEAKING THE PART
02:29 - 18.160 THIS
02:29 - 22.610 AGREEMENT WAS THIS AGREEMENT
02:29 - 23.440 THAT WAS INCLUDED
02:29 - 26.250 IN THE RECORD REPRODUCE RECORD
02:29 - 28.300 IMPROVED AFTER THE EVENTS
02:29 - 31.170 SURROUNDING THIS CASE WAS THERE
02:29 - 33.990 A DELEGATION ENDS
02:29 - 36.430 THAT YOU ARE ACTING UNDER.
02:29 - 38.720 PURSUANT TO
02:29 - 42.290 DURING THE EVENTS THAT OCCURRED
02:29 - 43.140 IN THIS CASE.
02:29 - 45.720 >>YES, YOUR HONOR WE INCLUDED
02:29 - 48.650 THE 2016 DELEGATION AGREEMENT
02:29 - 49.460 AND YOU'RE RIGHT
02:29 - 51.160 THAT WAS SOMEWHAT AFTER THE
02:29 - 53.300 EVENTS HERE BUT THAT AGREEMENTS
02:29 - 56.530 REPLACED IN 19 92 DELEGATION,
02:29 - 57.110 KOREA MEANT
02:29 - 59.000 WHICH HAD SUBSTANTIALLY SIMILAR
02:29 - 01.300 TERMS BETWEEN THE DISTRICT AND
02:30 - 03.410 T P BOTH OF THOSE DOCUMENTS
02:30 - 05.100 WERE PRODUCED TO THE QUIETEST
02:30 - 08.270 DURING DISCOVERY DISCORDANCE
02:30 - 10.090 HAD A NUMBER OF CASES INVOLVING
02:30 - 10.870 THE DISTRICT.
02:30 - 12.450 BEFORE IT ON APPEAL FROM THE
02:30 - 13.810 ENVIRONMENTAL HEARING BOARD
02:30 - 14.710 WHERE THE DISTRICT
02:30 - 16.590 UNDERTOOK ACTIVITIES PURSUANT
02:30 - 18.750 TO A DELEGATION AGREEMENT PRIOR
02:30 - 20.210 TO 2016.
02:30 - 31.380 COURT BELOW DID NOT PROVIDE
02:30 - 32.450 A WRITTEN OPINION
02:30 - 34.390 WE WERE SPECULATING ABOUT HOW
02:30 - 36.160 THE DISTRICT MIGHT HAVE BEEN
02:30 - 37.920 RELEASED ON SOME CLAIMS BUT NOT
02:30 - 40.050 ALL OF THEM. ONE POSSIBILITY
02:30 - 41.800 THAT PRESENTED ITSELF THAT WE
02:30 - 43.740 FELT WE NEEDED TO EXPLORE THE
02:30 - 45.940 BRIEFING WAS THE FINAL DECISION
02:30 - 48.270 OF THIS COURT FROM LAST YEAR.
02:30 - 50.390 BUT FIND OUT AS SOMETHING OF A
02:30 - 51.910 STRAW MAN ARGUMENTS
02:30 - 54.220 FINE AND IS AN IMPLACABLE TO
02:30 - 56.660 THIS SORT OF AN ISSUE I DID WAS
02:30 - 58.830 A DECLARATORY JUDGMENT KIDS
02:30 - 00.460 WHICH SOVEREIGN IMMUNITY WAS
02:31 - 02.140 NOT AN ISSUE BECAUSE THERE'S A
02:31 - 04.530 UNITY DECLARED TO A JUDGMENT
02:31 - 05.430 ACTIONS ARE MEN
02:31 - 07.660 DAVIS ACTIONS. SO I'M FINE IN
02:31 - 09.410 THE LEGAL ISSUES WHICH COURT
02:31 - 11.700 HAD JURISDICTION. THIS COURT
02:31 - 13.490 HAS LIMITS AND ITS JURISDICTION
02:31 - 15.200 PURSUANT TO THE JUDICIAL CODE
02:31 - 18.150 AND THAT DRIVES THE ANALYSIS IN
02:31 - 20.960 A JURISDICTIONAL QUESTION HERE.
02:31 - 23.480 WHAT I AM WHAT WE'RE SAYING
02:31 - 25.640 IS THAT THAT SORT OF ANALYSIS
02:31 - 26.980 DOESN'T HAVE MUCH OF A PLACE
02:31 - 28.760 AND TO TERMINATE WHETHER OR NOT
02:31 - 30.030 THE DISTRICT IS IMMUNE FROM
02:31 - 31.880 SUIT AND THEN CITY CAN BE A
02:31 - 34.440 LOCAL AGENCY FOR PURPOSES OF
02:31 - 36.460 JURISDICTION. BUT AT THE SAME
02:31 - 38.590 TIME THE COMMONWEALTH PARTY FOR
02:31 - 40.430 PURPOSES OF SOVEREIGN IMMUNITY
02:31 - 41.970 LIKE THE PORT AUTHORITY OF
02:31 - 43.840 ALLEGHENY COUNTY FOR THE
02:31 - 45.660 PHILADELPHIA HOUSING AUTHORITY
02:31 - 48.900 OR SEPTA THE CHANCE SOVEREIGN
02:31 - 50.310 IMMUNITY IS WHETHER OR NOT IT
02:31 - 51.660 INTO THE WAS CREATED BY THE
02:31 - 54.490 STATE TO FORM A STATE FUNCTION.
02:31 - 56.750 SUCH THAT A JUDGMENT AGAINST
02:31 - 58.270 THE ENTITY WOULD INJURE THE
02:31 - 00.620 STATE AND HERE AS WE TOUCHED
02:32 - 02.790 ON ALREADY THE YOUNG
02:32 - 04.200 CONSERVATION DISTRICTS WAS
02:32 - 06.440 CREATED PURSUANT TO STATE LAW
02:32 - 08.400 PARTLY TO PERFORM DELEGATE AT
02:32 - 10.370 STATE FUNCTIONS AND THE
02:32 - 11.680 COMMONWEALTH PROVIDES A GREAT
02:32 - 12.510 DEAL ON THE
02:32 - 15.290 AIR OR I'M FINE AND DECISION
02:32 - 17.030 COULD NOT EXPLAIN THE RESULTS
02:32 - 20.170 BELOW IF THAT'S
02:32 - 21.570 THE FINDING DECISIONS THAT
02:32 - 23.290 MATTER TO THE COURT BELOW WHAT
02:32 - 25.190 IT IS AFFECTING ALL PLAINTIFFS
02:32 - 26.910 CLAIMS AND NOT JUST THE
02:32 - 28.410 STATUTORY CLAIM PRINT JUMP.
02:32 - 31.540 THE
02:32 - 33.740 SECOND QUESTION THEN FOLLOW AS
02:32 - 35.980 IF JUST IF THE COURT BELOW
02:32 - 37.240 CONCLUDED THAT THE DISTRICT WAS
02:32 - 39.020 IMMUNE FROM TORT CLAIMS AND
02:32 - 40.310 STATUTORY MONETARY
02:32 - 42.910 DAMAGES CLAIMS THEN IT ALSO
02:32 - 44.200 SHOULD HAVE FOUND THE DISTRICT
02:32 - 45.860 WAS IMMUNE FROM THE STATUTORY
02:32 - 47.580 CLAIM FOR INJUNCTIVE LEAVES.
02:32 - 50.660 IF THE COURT BELIEVES THAT
02:32 - 52.320 THE STORM WATER MANAGEMENT ACT
02:32 - 53.990 WAIVES IMMUNITY FOR INJUNCTIVE
02:32 - 56.700 RELIEF. LANCE THAT'S INCORRECT.
02:32 - 58.540 AND THE REASON WHY IS BECAUSE
02:32 - 00.160 THE SOVEREIGN IMMUNITY ACT SETS
02:33 - 00.320 UP A
02:33 - 02.450 TWO-PART TEST THERE MUST BE A
02:33 - 03.560 STATUTORY CAUSE OF
02:33 - 05.800 ACTION AND AFTER EMISSIONS
02:33 - 07.530 FALLING IN ONE OF THE STATUTORY
02:33 - 09.780 EXCEPTIONS MOST OF THE CLAIMS
02:33 - 10.090 BELOW
02:33 - 12.530 ARE DISMISSED. WE ASSUMED THE
02:33 - 13.650 ONLY WAY WOULD BE BECAUSE
02:33 - 15.730 REGULATORY ACTIVITY SUCH AS
02:33 - 16.800 THAT ISSUE HERE
02:33 - 19.270 IS NOT THE STATUTORY EXCEPTION
02:33 - 20.840 TO COMMUNITY UNDER LONGSTANDING
02:33 - 22.290 THE PRESIDENT OF THE SUPREME
02:33 - 23.340 COURT AND THIS COURT.
02:33 - 25.550 SO THE INJUNCTIVE RELIEF CLAIM
02:33 - 26.740 WOULD BE SUBJECT TO THE
02:33 - 29.540 SAME EFFECT. EVEN IF THERE WERE
02:33 - 31.500 STATUTORY WAIVER, BUT THERE
02:33 - 33.610 ALSO IS NO STATUTORY WAIVER
02:33 - 35.590 AS THIS COURT REAFFIRMED AS
02:33 - 37.670 RECENTLY AS THIS PAST MARCH
02:33 - 39.510 IN THE END THE PENS OUT FOR US
02:33 - 42.070 AND OUR DEVELOPMENT, IT'S 7.13
02:33 - 44.110 AND T 26 2. I WAS
02:33 - 48.030 YOUR CHURCH. REAFFIRMING THE
02:33 - 50.630 YEAH LIST FOR SUSPEND ITS FROM
02:33 - 52.050 1989.
02:33 - 55.240 AND SO THE QUESTION THEN
02:33 - 57.480 BECOMES IS THE DISTRICT ACTING
02:33 - 59.950 SOLELY IN A REGULATORY AS CITY
02:33 - 00.160 ITS
02:34 - 02.750 ALLEGED HERE. A LAND OWNER OR
02:34 - 04.450 PERSON ENGAGED IN THE
02:34 - 05.650 DEVELOPMENT OF LAND
02:34 - 07.650 SUCH THAT IT COULD BE SUBJECT
02:34 - 09.620 TO A STORM WATER MANAGEMENT AT
02:34 - 11.890 HIM. ORANGE AND RELIEVES
02:34 - 13.280 AND THAT HAS TO BE ISSUE
02:34 - 14.710 WHETHER THERE'S A STATUTORY WAY
02:34 - 16.420 FOR IMMUNITY BASED ON THE LEVEL
02:34 - 18.150 OF DISTRICT INVOLVEMENT HERE.
02:34 - 20.160 THE STORM WATER
02:34 - 21.540 MANAGEMENT SACHS SECTIONS,
02:34 - 25.100 1315 PUT RESPONSIBILITIES AND
02:34 - 27.290 LANDOWNERS AND PERSONS ENGAGED
02:34 - 28.660 AND HELP TO GLAM
02:34 - 30.390 BUT THAT'S NOT WHAT THIS TRIP
02:34 - 31.470 IS DOING HERE.
02:34 - 33.730 THE COMPLAINT SPECIFICALLY
02:34 - 35.740 EXCLUDED THE DISTRICT FROM THE
02:34 - 37.460 LAND OWNER OR DEVELOPER
02:34 - 40.210 DEFINITIONS THAT SOME PARAGRAPH
02:34 - 41.920 ONE 21 OF THE COMPLAINTS.
02:34 - 44.600 PAGE 25 OF THE REPRODUCE
02:34 - 46.960 RECORD. AND THE CASES OF THIS
02:34 - 47.600 COURT
02:34 - 50.120 FINDING STORM WATER MANAGEMENT
02:34 - 51.410 ACT LIABILITIES FOR
02:34 - 53.260 GOVERNMENTAL ENTITIES, I'VE
02:34 - 55.320 ONLY OCCURRED WHERE THAT ENTITY
02:34 - 57.300 HAS MORE TO DEVELOP OUR OR
02:34 - 59.920 LANDOWNER HAD WHICH IS NOW WHAT
02:34 - 01.480 WAS GOING ON THERE. SO.
02:35 - 03.890 AND FOR ALL OF THE FOREGOING
02:35 - 06.150 REASONS THE DISTRICT IS
02:35 - 08.160 ELIGIBLE TO CLAIM IMMUNITY THE
02:35 - 10.220 COURT BELOW ADDRESSED THE ISSUE
02:35 - 12.610 IN CONSISTENTLY IN DISMISSING
02:35 - 14.280 SOME CLAIMS BUT NOT ALL OF
02:35 - 16.160 THEM. AND THE DISTRICT
02:35 - 18.570 THAT'S NOT WITH THIS NEW THAT
02:35 - 19.590 IT'S IMMUNITY HAS NOT BEEN
02:35 - 21.450 WAIVED HERE. SO FOR ALL THESE
02:35 - 22.580 REASONS THE DISTRICT IS
02:35 - 24.670 REQUESTING THE COURT REVERSED
02:35 - 25.700 THE DENIAL OF SUMMARY
02:35 - 27.930 JUDGMENT IS THAT'S 02:00PM
02:35 - 29.350 INJUNCTIVE RELIEF CLAIM 100
02:35 - 29.900 STORM WATER
02:35 - 32.100 MANAGEMENT ACT AND WE MET WITH
02:35 - 33.470 INSTRUCTIONS TO THE LOWER
02:35 - 35.560 COURTS DISMISSED MR. FROM THE
02:35 - 36.400 ACTION BELOW.
02:35 - 43.670 >>HAHA ALL RIGHT NOW.
02:35 - 45.220 >>THEIR MOM AND THE.
02:35 - 48.050 >>I THINK THERE ARE GOOD
02:35 - 49.400 AFTERNOON ON YOUR HONOR MAY
02:35 - 50.380 PLEASE THE COURT MY NAME IS
02:35 - 51.340 KATHERINE VON D
02:35 - 53.600 AND I REPRESENT THE APPLE II
02:35 - 54.740 WAS ALSO THE PLAINTIFF MISTER
02:35 - 57.430 JEFFREY ALEC. MISTER DALLEK ASK
02:35 - 59.370 THIS COURT TO CLIMB
02:35 - 01.370 REVERSING BE
02:36 - 03.700 OR OR OTHERWISE MODIFYING THE
02:36 - 05.370 OPINION OR THE ORDER THE ORDER
02:36 - 05.710 OF THE
02:36 - 06.420 COURT ALLOW.
02:36 - 08.550 >>BECAUSE THE MONTGOMERY COUNTY
02:36 - 09.960 CONSERVATION DISTRICT SIMPLY
02:36 - 10.170 HAS
02:36 - 12.320 NOT PROVIDED ANY EVIDENCE THAT
02:36 - 13.560 WOULD BE APPROPRIATE ON SUMMARY
02:36 - 14.400 JUDGMENT TO MAKE
02:36 - 16.260 A DETERMINATION. AND
02:36 - 17.610 SPECIFICALLY LOOKING AT WHAT
02:36 - 19.130 WAS FILED WHICH IS IN THE
02:36 - 20.820 RECORD. AFTER THE MONTGOMERY
02:36 - 22.380 COUNTY CONSERVATION DISTRICTS
02:36 - 23.600 MOTION FOR SUMMARY JUDGMENT
02:36 - 25.790 WHICH IS FOUND THAT AGE ONE 43
02:36 - 28.250 A ATTACHED THAT MOTION FOR
02:36 - 29.420 SUMMARY JUDGMENT WAS NO
02:36 - 31.310 EVIDENCE. IT WAS AN APPENDIX
02:36 - 33.000 APPENDIX A WAS A BOOKLET ON
02:36 - 33.970 SOVEREIGN IMMUNITY FROM
02:36 - 37.480 1978. APPENDIX B WAS A LINCOLN
02:36 - 39.490 INVESTORS COURT OF COMMON PLEAS
02:36 - 42.010 ISN'T THE EXHIBIT A WAS THAT
02:36 - 43.260 THE SECOND AMENDMENT COMPLAINT
02:36 - 44.960 EXHIBIT B WAS PRELIMINARY
02:36 - 46.900 OBJECTIONS THAT WORK PREVIOUSLY
02:36 - 49.620 DENIED, AND IT SEEMED WAS
02:36 - 51.120 MONTGOMERY COUNTY CONSERVATION
02:36 - 52.220 DISTRICT ANSWER AND
02:36 - 54.560 NEW MATTER. NOW ON APPEAL WE
02:36 - 55.940 SUDDENLY HAVE THIS DELEGATION
02:36 - 57.270 AGREEMENT WOULD NEVER PRESENTED
02:36 - 57.790 TO THE COURT
02:36 - 58.730 AND CREATES
02:36 - 01.510 A BILL TO WHAT I MEAN WHAT WHAT
02:37 - 02.870 A GENUINE ISSUE OF MATERIAL
02:37 - 04.730 FACT HERE THAT WE CAN PREVENT
02:37 - 05.380 THIS BECAUSE IT.
02:37 - 06.250 >>TO RULE ON
02:37 - 08.030 THE ISSUE. WELL, THE FIRST OF
02:37 - 08.910 ALL IT LOOKING AT THE
02:37 - 10.370 DELEGATION AGREEMENT ITSELF,
02:37 - 11.590 WHAT IS THE CHARACTER.
02:37 - 13.320 >>OF THE MONTGOMERY COUNTY
02:37 - 15.360 CONSERVATION DISTRICT. HARM IN
02:37 - 17.680 THIS CASE BEGAN IN 2014.
02:37 - 20.200 I WAS IN JUNE 2014 WHEN MISTER
02:37 - 21.060 DALLEK PURCHASED
02:37 - 24.110 THIS PROPERTY. OCTOBER 2014
02:37 - 26.550 DEVELOPMENT BEGAN AND SHORTLY
02:37 - 27.820 THEREAFTER THAT'S WHEN HE BEGAN
02:37 - 29.740 TO EXPERIENCE PROBLEMS ON HIS
02:37 - 31.220 PROPERTY ON MORE THAN ONE
02:37 - 33.210 LOCATION. THIS ACTION WAS FILED
02:37 - 33.900 IN NOVEMBER OF
02:37 - 37.840 2016 AND IN DECEMBER OF 2016
02:37 - 39.200 THE DELEGATION AGREEMENT THAT
02:37 - 40.520 IS PRESENTED TO THE COURT.
02:37 - 42.920 >>I BELIEVE IN THE
02:37 - 45.890 RECORD AT. BUT EXPECTING FOR A
02:37 - 47.730 PICK 6 TO ONE A THAT
02:37 - 51.130 WAS SIGNED. DECEMBER 2016 AFTER
02:37 - 52.060 THE INCIDENT COMPLAINT WAS
02:37 - 53.240 FILED FOR THE QUESTIONNAIRE
02:37 - 54.490 AND MISTER JEALOUS JUST
02:37 - 56.320 INDICATED THAT THERE'S A 1992
02:37 - 57.980 DELEGATION AGREEMENT WHERE WAS
02:37 - 59.990 THAT WE CONTEND THAT THE
02:37 - 01.010 DELEGATION AGREEMENT ON THE
02:38 - 02.640 RECORD WAS NOT PRODUCED A U.S.
02:38 - 04.120 DISCOVERY THAT WAS WE CERTAINLY
02:38 - 05.910 WOULD HAVE ASKED. MEMBERS OF
02:38 - 07.340 THE CONSERVATION DISTRICT ABOUT
02:38 - 08.770 IT AND WE CERTAINLY DIDN'T
02:38 - 11.030 RECEIVE A COPY OR IF WE DID
02:38 - 11.390 NOT.
02:38 - 13.990 CROWD IN 1992 DELEGATION, A
02:38 - 15.410 GROUP WHICH WOULD HELP US FIND
02:38 - 15.750 OUT WHAT.
02:38 - 17.540 >>AND THANK YOU ALL RIGHT, I
02:38 - 18.700 THINK YOU MAKE A VERY GOOD
02:38 - 20.970 POINT. MATT. THIS IS A
02:38 - 23.000 SUMMARY JUDGMENT. THIS IS NOT
02:38 - 24.380 THE LIMON AREA OBJECTION.
02:38 - 28.240 IT MAY AND IN FACT OUR IMMUNITY
02:38 - 29.370 IS SUPPOSED TO BE
02:38 - 31.970 THE RAYS HAVE AN AFFIRMATIVE
02:38 - 32.420 DEFENSE.
02:38 - 35.420 AND YET IT APPEARS THAT THERE
02:38 - 35.560 WAS
02:38 - 38.050 NO EVIDENCE PREVENTED TO
02:38 - 39.710 SUPPORT THE MOTION FOR SUMMARY
02:38 - 41.320 JUDGMENT. WE DON'T HAVE THE
02:38 - 44.540 PROBLEM OF THE. CROWN
02:38 - 45.570 COURT RULING.
02:38 - 47.560 >>WITH THIS MESS.
02:38 - 50.870 YOU ARE HORTON DAMAGES CLAIM
02:38 - 52.170 AGAINST THE CONSERVATION
02:38 - 54.000 DISTRICT. BUT DID NOT DISMISS
02:38 - 54.820 THE OTHER ROOM.
02:38 - 56.980 SO IF YOU'RE CORRECT IT JUST
02:38 - 58.160 SIMPLY DID NOT MEET THEIR
02:38 - 59.830 BURDEN TO SHOW THAT IT WAS THE
02:38 - 02.230 FATHER AND ENTITLED OR MANATEE
02:39 - 04.380 HOW DO WE HOW DO WE WRESTLE.
02:39 - 05.800 BUT THE FACT THAT WE'VE GOT A
02:39 - 08.100 BIFURCATED A DECISION FROM THE
02:39 - 09.480 TRACK. THE TRIAL COURT.
02:39 - 11.260 >>THANK YOU I BELIEVE THE
02:39 - 12.360 REASON THE COURT RULED THE WAY
02:39 - 13.960 IT DID IS IT MADE AN ERROR OF
02:39 - 15.950 LAW IN DETERMINING THAT.
02:39 - 18.090 AGENCIES ARE NOT SUBJECT TO
02:39 - 19.570 PENALTIES BECAUSE THE PENALTIES
02:39 - 21.080 ULTIMATELY ARM THE TAXPAYER.
02:39 - 22.470 AND I BELIEVE THE COURT
02:39 - 24.090 MISCONSTRUE THAT ARE EXTENDED
02:39 - 25.860 MONETARY DAMAGES. I THINK
02:39 - 26.890 THAT'S WHY THE COURT RULED THE
02:39 - 28.100 WAY IT DID NOW OF COURSE
02:39 - 29.460 ALL OF THIS DISCUSSION OF WHAT
02:39 - 30.710 MISTER JEALOUS BELIEVES THE
02:39 - 31.250 REASON FOR
02:39 - 33.770 THE COURTS OPINION ORDER AND
02:39 - 35.190 MINE THAT'S ALL SPECULATION,
02:39 - 36.840 BUT WE CAN SAY FOR SURE THAT IT
02:39 - 38.420 WAS NOT BASED UPON ANY EVIDENCE
02:39 - 40.640 IN THE RECORD SO I THINK BASED
02:39 - 41.820 JUST ON THAT IT WAS
02:39 - 43.070 INAPPROPRIATE FOR THE COURT TO
02:39 - 43.850 RULE THE WAY IT DID.
02:39 - 45.180 THERE WAS NOTHING IN THE RECORD
02:39 - 47.000 HERE'S MY POINT COUNCIL YOUR
02:39 - 48.460 POINT OUT THE WAYS YOU DISAGREE
02:39 - 49.530 WITH WHAT THE TRIAL COURT DATE
02:39 - 50.690 YOU JUST BEEN SPEAKING IN IRAQ,
02:39 - 51.570 A TORY APPEAL OF IT.
02:39 - 53.740 >>THAT'S CORRECT BECAUSE ON
02:39 - 54.650 SUMMARY JUDGMENT. I DON'T
02:39 - 57.120 BELIEVE IT WAS APPROPRIATE FOR
02:39 - 57.800 THE PLAINTIFFS.
02:39 - 59.700 TO SEEK REVIEW. I BELIEVE IT
02:39 - 00.650 WOULD BE APPROPRIATE FOR THEM
02:40 - 03.040 TO REVIEW AFTER. I WANT A
02:40 - 04.180 MOTION FOR SUMMARY JUDGMENT.
02:40 - 07.630 AND LOOKING AT WHAT
02:40 - 10.030 THE M WHAT THE COURT AND FROM
02:40 - 11.750 WHERE THE PARTY IS STILL IN THE
02:40 - 13.690 CASE AS WAS INDICATED FOR THE
02:40 - 15.990 INJUNCTIVE RELIEF AND SO MISTER
02:40 - 17.140 JEALOUS FOR EXAMPLE INDICATE
02:40 - 17.270 THAT
02:40 - 20.300 BE I WANT OUR COUNTY
02:40 - 22.130 CONSERVATION DISTRICT IS FUNDED
02:40 - 25.260 THE COUNTY AS WELL SO THERE IS.
02:40 - 27.350 THERE'S NO ANALYSIS BY THE
02:40 - 29.700 COURT AS TO WHETHER WHICH UNITY
02:40 - 31.970 AND THERE'S THE FINDING CASE
02:40 - 32.700 THAT WAS
02:40 - 35.570 DISCUSSED BY. THE CONSERVATION
02:40 - 37.330 DISTRICT AND IT'S FREE AS TO
02:40 - 38.550 WHICH WAY TO READ IT DEALING
02:40 - 39.870 WITH A LOCAL AGENCY OR WHETHER
02:40 - 41.400 WE ARE DOING. BUT THE STATE
02:40 - 42.940 AGENCY FOR THE PURPOSES OF
02:40 - 44.850 DETERMINING. IMMUNITY
02:40 - 47.800 AND IN TERMS OF A COMING UP TO
02:40 - 49.090 A DETERMINATION FOR SUMMARY
02:40 - 50.140 JUDGMENT. THERE WERE NUMEROUS
02:40 - 52.040 DEPOSITIONS THAT WERE HAD IN
02:40 - 53.060 THIS CASE THAT WAS WRITTEN
02:40 - 54.440 DISCOVERY AND IT'S IMPORTANT TO
02:40 - 55.920 NOTE THAT THE CONSERVATION
02:40 - 57.320 DISTRICT NEVER PROPOUNDED
02:40 - 58.520 DISCOVERY OF ON ANY OF
02:40 - 00.220 THE PARTY, A PLAINTIFF IN
02:41 - 01.380 PROFOUND DISCOVERY ON THE
02:41 - 02.770 MONTGOMERY COUNTY CONSERVATION
02:41 - 03.700 DISTRICT. BUT THERE WAS A
02:41 - 03.890 THING.
02:41 - 06.600 PROVIDED NO RETURN ONE OF THE
02:41 - 07.990 DEFENSES THAT WAS RAISED IN A
02:41 - 09.500 MOTION FOR SUMMARY JUDGMENT WAS
02:41 - 11.200 WELL THERE'S NO. YOU DIDN'T
02:41 - 12.660 PROVIDE A COPY OF THE STORM
02:41 - 15.220 WATER MANAGEMENT. PLAN FOR THE
02:41 - 16.330 COUNTY AND THEREFORE YOUR
02:41 - 17.640 CLAIMS CAN'T GO FORWARD WHICH
02:41 - 19.560 WE GET ATTACHED TO OR
02:41 - 21.260 RESPONSE BUT THE REASON IT WAS
02:41 - 22.250 NOT PRODUCED A THEM AND US
02:41 - 24.090 COVERAGE YOU CAN ASK FOR
02:41 - 25.710 SO IN ORDER FOR THE
02:41 - 26.980 CONSERVATION DISTRICT TO COME
02:41 - 28.390 BEFORE THIS COURT AND ASK FOR
02:41 - 30.360 LEE. IT NEEDS TO SHOW THAT IT
02:41 - 32.190 PRESENTED THE FACTS BEFORE THE
02:41 - 33.710 COURT AND THERE WAS NO DISPUTE
02:41 - 35.930 OF MATERIAL FACT AND THEN GET
02:41 - 37.120 RELIEF FROM THIS COURT. BUT IT
02:41 - 37.630 SEEMS THAT.
02:41 - 40.320 WITH THE DELEGATION AGREEMENT
02:41 - 41.680 THAT'S BEEN INCLUDE IT HERE
02:41 - 43.780 THAT THEY'RE TRYING TO RE ARGUE
02:41 - 44.860 ON SUMMARY JUDGMENT WHAT THEY
02:41 - 46.190 DIDN'T PROVIDE BEFORE AND I
02:41 - 47.460 SUBMIT TO THE COURT. BUT THE
02:41 - 48.520 REASON WHY THEY DON'T HAVE.
02:41 - 49.860 THEY DID NOT.
02:41 - 51.970 PREVAIL ON SUMMARY JUDGMENT AS
02:41 - 52.600 THEY DIDN'T DO
02:41 - 54.680 THE DISCOVERY. A LOW IN ORDER
02:41 - 56.110 TO DEVELOP THEIR RECORD OR
02:41 - 57.120 SUMMARY JUDGMENT, WHICH IS
02:41 - 58.000 SOMETHING THAT THEY SHOULD HAVE
02:41 - 58.310 THOUGHT.
02:41 - 01.500 >>WELL I JUST
02:42 - 03.650 GOT GRAHAM WHAT THEY ARE I MEAN
02:42 - 05.680 IT THAT CONSERVATION DISTRICT
02:42 - 06.760 KNOW WHAT IT IS
02:42 - 08.420 IT COULD HAVE PREVENTED
02:42 - 10.530 AFFIDAVIT I MEAN THIS IS WHY
02:42 - 12.020 GOVERNMENT ENTITY IT'S SUPPOSED
02:42 - 12.830 TO BE HANDLED.
02:42 - 15.490 AS A HERMIT OF THE BAND
02:42 - 17.390 BECAUSE NOT EVERYBODY IN THE
02:42 - 19.100 WORLD KNOWS EXACTLY WHAT A
02:42 - 20.690 CONSERVATION VEST OR DEATH.
02:42 - 23.390 HAVE A BET. BUT IT.
02:42 - 26.770 REALISTICALLY WE HAVE REALLY
02:42 - 28.030 TRIAL COURT
02:42 - 30.250 AGREEING THAT THE
02:42 - 31.690 CONCENTRATIONS A STICK TO THE
02:42 - 33.560 MAN FROM DAMAGES. WELL I.
02:42 - 36.130 SO THAT'S PROBLEM NUMBER ONE
02:42 - 37.890 PROBLEM NUMBER 2 IS WHAT YOU
02:42 - 38.710 WANT TO.
02:42 - 41.080 >>ENJOYING WHAT DO YOU WANT THE
02:42 - 42.750 INJUNCTION ORDER TO LOOK LIKE.
02:42 - 46.330 >>THE COURT HAD ASKED THE
02:42 - 48.060 QUESTION IS WHAT IS IT THAT THE
02:42 - 50.000 CONSERVATION DISTRICT CAN'T DO
02:42 - 51.480 THERE ARE ISSUES AND THERE ARE
02:42 - 53.620 STORM WATER MANAGEMENT PROBLEMS
02:42 - 53.810 WITH
02:42 - 55.780 THIS PROPERTY THAT REQUIRED THE
02:42 - 57.850 INTERVENTION OF A REGULATORY
02:42 - 58.860 AUTHORITY SO THAT IT CAN BE
02:42 - 00.770 REMEDIED AND THAT IS SOME
02:43 - 02.860 INJUNCTIVE RELIEF THAT THAT
02:43 - 03.720 SPOT BY THE PLAN.
02:43 - 06.410 ALSO THE NOTE DURING DISCOVERY
02:43 - 07.580 YOU KNOW THERE ARE DISPUTES THE
02:43 - 09.710 MATERIAL FACT IN TERMS OF WHAT
02:43 - 10.810 BE CONSERVATION
02:43 - 13.020 DISTRICTS ROWLANDS. THERE'S A
02:43 - 14.770 DISPUTE OF FACT AS TO THEIR
02:43 - 16.110 INVOLVEMENT WHEN WHEN MISTER
02:43 - 17.670 DALLEK FIRST APPROACHED THEM
02:43 - 19.190 AND TOLD THEM THAT THERE WERE
02:43 - 20.780 VIOLATIONS AND AND PROBLEMS
02:43 - 23.110 WITH WITH THE PROPERTY AND.
02:43 - 24.390 >>GOING BACK AGAINST THAT
02:43 - 24.820 THOUGH
02:43 - 27.400 THE JUDGE CEISLER SO YOU'RE
02:43 - 29.670 SAYING THAT THERE IS A PIVOTAL
02:43 - 30.820 ARE IMPORTANT ROLE.
02:43 - 34.200 >>BY THE MCC D. AS AS WE
02:43 - 34.910 GO FORWARD.
02:43 - 36.540 >>I BELIEVE THAT THEY'RE THERE
02:43 - 37.590 IS BECAUSE THERE ARE STILL
02:43 - 38.700 ONGOING FLOODING TO
02:43 - 40.920 THIS PROPERTY. AND THE QUESTION
02:43 - 42.240 IS ARE THE STORM WATER
02:43 - 44.710 MANAGEMENT SYSTEMS FOR THIS 27
02:43 - 48.040 DEVELOPMENT THAT'S YEAH THAT IS
02:43 - 48.750 NEXT TO MISTER BUT
02:43 - 51.810 ALEX PROPERTY. HER HAVE THE
02:43 - 53.150 ABILITY TO GO ON THAT PROPERTY
02:43 - 54.070 COUNCIL DID I HEAR YOU
02:43 - 56.040 CORRECTLY THAT YOU DON'T AGREE.
02:43 - 57.730 >>THAT THEY SHOULD NOT.
02:43 - 59.500 >>I HAVE PENALTIES AGAINST THEM
02:43 - 00.470 THE MCC THEY.
02:44 - 01.670 >>THEY SHOULD NOT HAVE ANY
02:44 - 03.160 PENALTIES AGAINST THEM IS THAT
02:44 - 04.260 THE STANDARD THAT THEY SHOULD
02:44 - 05.240 NOT BE THAT THE MONETARY
02:44 - 06.700 DAMAGES ARE DIFFERENT AND I
02:44 - 07.690 BELIEVE THAT THE COURT.
02:44 - 11.350 MISCONSTRUED PENALTIES ASPECT
02:44 - 13.200 AND EXTENDED IT. BELIEVING THAT
02:44 - 15.860 MONETARY DAMAGES FOR WOULD BE
02:44 - 17.360 PROHIBITED AS WELL AND THAT'S
02:44 - 18.460 AGAIN THAT'S ALL CONJECTURE
02:44 - 19.530 BECAUSE WE DON'T HAVE IT.
02:44 - 27.690 >>COUNTS 4, 5, THIS WHAT
02:44 - 28.000 IS IT
02:44 - 30.090 THAT YOU'VE RAISED AGAINST NC
02:44 - 31.790 SEEDINESS COUNTS SEEMS THAT
02:44 - 32.980 THAT REALLY APPLIES TO OTHER
02:44 - 34.880 DEFENDANTS. IF YOU CAN ANSWER
02:44 - 37.560 THAT AND THEN. NOT SURE
02:44 - 39.270 I GOT CLARIFICATION
02:44 - 41.720 FROM YOU IN YOUR ANSWER TO A
02:44 - 42.940 PRESIDENT JUDGE LEAVITT'S
02:44 - 44.020 QUESTION ABOUT WHAT
02:44 - 46.190 ACTIVITY ARE YOU SEEKING
02:44 - 50.410 SPECIFICALLY TO ENJOY. BY THE
02:44 - 51.230 MCC DAY.
02:44 - 55.180 >>THE.
02:44 - 57.400 >>MONTGOMERY COUNTY
02:44 - 58.340 CONSERVATION DISTRICT
02:44 - 00.800 INVOLVEMENT IN DEVELOPMENT
02:45 - 03.200 THERE WERE ISSUES WITH.
02:45 - 04.660 WHEN.
02:45 - 06.540 >>STORM WATER MANAGEMENT AND SO
02:45 - 08.170 INITIALLY I BELIEVE THE
02:45 - 09.810 CONSERVATION DISTRICT DID NOT
02:45 - 12.270 ISSUE UP. IT TO THAT THEY DID
02:45 - 12.470 NOT
02:45 - 16.200 AND THAT WAS AN EXHIBIT THAT
02:45 - 18.420 WAS ATTACHED TO BE TO
02:45 - 20.830 THE COMPLAINT AND SO THERE WAS
02:45 - 21.800 THERE WAS MONITORING THEIR
02:45 - 23.590 INVOLVEMENT IN THAT DEVELOPMENT
02:45 - 24.870 UP TO MAKE SURE THAT THEY DID
02:45 - 27.240 FOLLOW. STORM WATER MANAGEMENT
02:45 - 28.460 PROCEDURE AND THAT IS WHAT IS
02:45 - 29.730 NECESSARY AND REQUIRED
02:45 - 31.600 FOR SOMEONE TO OVERSEE THE
02:45 - 32.810 CONSERVATION DISTRICT THAT
02:45 - 33.260 THEY'RE NOT.
02:45 - 35.860 WEDDING. ONE OF THE PROPERTY IN
02:45 - 37.400 ADDICTION BECAUSE IT IS A
02:45 - 39.100 IT'S AN ENTITY OF THE COUNTY
02:45 - 40.130 THE COUNTY ALSO BEAR
02:45 - 42.430 SOME RESPONSIBILITY FOR SEWAGE
02:45 - 43.900 DISPOSAL AND WASTEWATER
02:45 - 45.160 MANAGEMENT AS WELL SO JUST
02:45 - 46.250 GOING BEYOND WHAT MR.
02:45 - 48.330 A GALA SON OF INDICATED THAT OR
02:45 - 49.620 WHAT THEY MIGHT HAVE A
02:45 - 51.590 DELEGATION AGREEMENT FOR WITH
02:45 - 53.550 ME. DEPARTMENT OF ENVIRONMENTAL
02:45 - 54.870 PROTECTION. THERE ARE OTHER.
02:45 - 56.800 WE'RE ALL OF THEM
02:45 - 58.090 RESPONSIBILITY IS THAT THEY MAY
02:45 - 59.630 HAVE UP BECAUSE THEY ARE
02:45 - 01.320 CREATED BY THE COUNTY.
02:46 - 03.930 AND AS INDICATE WITH THE
02:46 - 06.160 DELEGATION AGREEMENT SIGNED IN
02:46 - 08.070 DECEMBER 2016. NOW
02:46 - 08.990 WE HAVE A QUESTION OF WHAT
02:46 - 10.250 THEIR RESPONSIBILITIES WERE IN
02:46 - 12.950 2004. I BELIEVE I BELIEVE YOU
02:46 - 14.780 HAVE A QUESTION ABOUT COUNT OR
02:46 - 17.170 IN OUR. I COME FROM.
02:46 - 20.520 >>ACCOUNTABLE FOR YOU, BUT I
02:46 - 21.640 THINK JUST MAKE A LASTING
02:46 - 22.810 PRETTY STRAIGHTFORWARD QUESTION
02:46 - 24.130 SO WHAT I WANT TO I WANT TO
02:46 - 25.350 THINK THE ANSWER TO THAT.
02:46 - 26.670 SO AN INJUNCTION CAN BE
02:46 - 28.030 AFFIRMATIVE INJUNCTION WERE CAN
02:46 - 29.780 BE NEGATIVE INJUNCTION FROM HIS
02:46 - 31.770 MEETING MANDATORY YOU WHAT YOU
02:46 - 33.260 ARE ENJOYING YOU HAVE TO GO DO
02:46 - 35.490 SOMETHING BECAUSE I HAVE TO
02:46 - 36.980 TAKE POSITIVE ACTION A NEGATIVE
02:46 - 38.850 INJUNCTION IS SHIP WE'VE IN
02:46 - 40.380 THE DOCK STOP NOT ALLOWED
02:46 - 42.900 TO LEAVE. WHAT ARE WHAT IS THE
02:46 - 44.090 INJUNCTIVE RELIEF YOU'RE
02:46 - 46.190 SEEKING AGAIN THE CONSERVATION
02:46 - 47.520 DISTRICT, A PERMANENT
02:46 - 48.650 INJUNCTIVE RELIEF.
02:46 - 50.630 >>TO REMEDY THE VIOLATIONS OF
02:46 - 52.320 THE STORM WATER MATT ACTOR OR
02:46 - 53.120 ANY OTHER STORM WATER
02:46 - 56.360 MANAGEMENT THAT THE AGENCY AS
02:46 - 58.670 TASK WHERE WITH REVEALING
02:46 - 00.010 BECAUSE AS I
02:47 - 02.460 INDICATED THIS COMES OUT IN THE
02:47 - 03.710 DEPOSITIONS WHICH WERE NOT PART
02:47 - 05.120 OF THE MOTION. AFTER A SUMMARY
02:47 - 06.480 JUDGMENT OF THE CONSERVATION
02:47 - 07.720 DISTRICT BUT THERE WERE
02:47 - 08.500 COMPLAINTS MADE TO THE
02:47 - 09.810 CONSERVATION DISTRICT THEY DID
02:47 - 10.980 COME OUT TO MISTER BALLOTS
02:47 - 12.730 PROPERTY. THEY TOOK PHOTOGRAPHS
02:47 - 14.190 THEY TOOK OUT HIS COMPLIANCE SO
02:47 - 16.710 THEY TAKE AN ACTION. SO I YET
02:47 - 18.970 AGAIN. I DON'T WANT TO GIVE
02:47 - 20.990 THE COURT AN IMPRESSION THAT
02:47 - 22.370 THE CONSERVATION DISTRICT TOOK
02:47 - 23.040 NO PART
02:47 - 24.920 AT ALL WHEN MISTER DALLEK
02:47 - 26.840 COMPLAINED RUNOFF ON HIS
02:47 - 28.200 PROPERTY THAT WOULD INDICATE TO
02:47 - 30.290 ME THAT IS A RESPONSIBILITY FOR
02:47 - 31.770 THE CONSERVATION DISTRICT 5.
02:47 - 33.930 I BELIEVE THE DECISION TAKEN BY
02:47 - 35.070 THE CONSERVATION DISTRICT THAT
02:47 - 36.060 WELL YOU KNOW ONCE WE ISSUE A
02:47 - 37.320 PERMIT. YOU KNOW THAT'S WHAT
02:47 - 39.160 MISTER DALLEK SUGAR FEEL I MEAN
02:47 - 40.230 YOU MADE A COMPLAINT TO THEM
02:47 - 41.450 THEY DID COME OUT I
02:47 - 42.810 THINK INDICATED THEY MAY GET
02:47 - 44.290 THEIR THEIR INVESTIGATIONS.
02:47 - 46.190 NOW IN IN DISCOVERY WITH THE
02:47 - 48.280 OTHER PARTIES. WE HAVE A MAJOR
02:47 - 49.570 DISPUTE OF FACT AS TO WHETHER
02:47 - 50.700 THERE'S ACTUALLY ANY FLOODING
02:47 - 52.880 ON THESE ALEX PROPERTY. SO
02:47 - 54.440 UNFORTUNATELY, NEITHER THE
02:47 - 55.640 PARTIES CAN'T EVEN SEE EYE TO
02:47 - 58.430 EYE SQUARE. ONE. OF THIS CASE.
02:48 - 01.420 THAT DOES THAT ANSWER YOUR
02:48 - 01.980 QUESTION.
02:48 - 04.960 I THINK SO BUT
02:48 - 07.270 I DID IT'S A LITTLE QUESTION
02:48 - 08.360 THAT THAT THAT I'M ASSUMING
02:48 - 09.490 YOU'RE NOT JUST TO THE
02:48 - 10.790 CONSERVATION DISTRICT HAVE TO
02:48 - 11.980 COME OUT WITH BACKHOES AND
02:48 - 14.030 BULLDOZERS AND REMEDY THE STORM
02:48 - 15.170 NOW YOU KNOW.
02:48 - 16.540 >>THAT IS NOT IT'S JUST THAT.
02:48 - 18.300 YEAH THE WORKINGS.
02:48 - 20.930 >>DON'T TELL YOU WHAT WHAT WHAT
02:48 - 22.530 THE THE TO REVOKE A PERMIT
02:48 - 24.630 GRANT A PERMIT I WHAT WE'RE
02:48 - 25.410 TALKING ABOUT.
02:48 - 29.340 >>TO BE. CONSERVATION
02:48 - 31.620 DISTRICT IS REQUIRED TO
02:48 - 35.000 DETERMINE WHETHER. THE. THERE'S
02:48 - 37.410 NO HARM FROM REDD FOXX FARMS
02:48 - 38.820 ITS RUNOFF THE NEIGHBORING
02:48 - 40.130 PROPERTY AND THAT'S THAT IS
02:48 - 42.100 HAPPENING SO HE'S GOING MAKE
02:48 - 42.950 THE DETERMINATION OF
02:48 - 45.370 THAT IS. THAT THE STORM WATER
02:48 - 46.870 MANAGEMENT FACILITIES ARE
02:48 - 49.100 ADEQUATE THAT WOULD THAT WOULD
02:48 - 49.790 AND THAT SHOULD BE THE
02:48 - 51.910 RESPONSIBILITY OUT CONSERVATION
02:48 - 52.260 IS.
02:48 - 54.180 >>ISN'T THAT UNFORTUNATE
02:48 - 55.180 ACTION. THE COUNCIL.
02:48 - 01.340 THEY I WOULD INSTEAD OF SAYING
02:49 - 02.720 IN A 4 PERSON ACTUALLY I WOULD
02:49 - 03.590 SAY IT'S A REQUEST FOR
02:49 - 04.380 INJUNCTIVE RELIEF.
02:49 - 05.670 >>AND BECAUSE THEY WERE PUT ON
02:49 - 08.460 NOTICE BEFORE. AS TO THAT THIS
02:49 - 09.710 PARTICULAR ISSUE AND HAS
02:49 - 10.950 INDICATED THEY MAY HAVE
02:49 - 13.230 ALREADY. THEY GET THEIR THEIR
02:49 - 16.880 OWN INSPECTION AND. AND ASKED A
02:49 - 17.510 GEISHA NOW
02:49 - 19.310 THE PROPERTY AND AGAIN ALL OF
02:49 - 21.220 THIS GOES TO A DETERMINATION OF
02:49 - 23.120 FACT A DISPUTED FACT THAT WAS
02:49 - 24.180 NEVER RACED TO THE COURT.
02:49 - 24.610 WELL.
02:49 - 29.700 >>COUNSELORS OBLIGATIONS THAT
02:49 - 31.390 YOU'RE TALKING ABOUT THAT YOU
02:49 - 33.460 BUY IN CONSERVATION DISTRICT.
02:49 - 37.120 WILL SAVE ASSURANCES AND
02:49 - 38.900 THE MANAGEMENT ASPECTS THAT
02:49 - 39.160 YOU'RE
02:49 - 41.500 ASKING WORK. THEY ARISE UNDER
02:49 - 43.290 THE STORM WATER MANAGEMENT ACT
02:49 - 45.560 AND JOE WE HAVE TO THERE HAVE
02:49 - 47.000 TO BE A DUTY FOR THEM TO ACT.
02:49 - 51.830 IF WE DON'T FIND THAT
02:49 - 52.420 THEY ARE.
02:49 - 55.690 >>OWNER OR SEE EACH AND ALL
02:49 - 57.010 INVOLVEMENT AND THEY DIDN'T
02:49 - 59.740 HAVE THAT OBLIGATION. I
02:49 - 01.020 BELIEVE ME THE
02:50 - 02.340 PRODUCTION OF THE DELEGATION
02:50 - 04.390 AGREEMENT I THINK EVERY COUNTY
02:50 - 05.700 CONSERVATION DISTRICT.
02:50 - 07.780 >>OPENS UP A WHOLE NEW DOOR AS
02:50 - 09.220 TO WHAT THE ACTUAL
02:50 - 11.160 AGREEMENTS AND RESPONSIBILITIES
02:50 - 12.740 OF THE CONSERVATION JUST ARE.
02:50 - 15.320 SO I THINK PRIOR TO LOOKING AT
02:50 - 17.140 THIS DELEGATION AGREEMENT I IT
02:50 - 18.160 WOULD HAVE BEEN MY POSITION
02:50 - 19.470 THAT YES WE WOULD JUST LOOK
02:50 - 20.590 SQUARELY AT THE STORM WATER
02:50 - 21.880 MANAGEMENT ACT AND WHAT THEIR
02:50 - 23.580 RESPONSE. OUR BUT IT WOULD
02:50 - 25.350 INDICATE TO ME NOW THAT YOU
02:50 - 26.010 KNOW THERE'S
02:50 - 28.460 THERE IS. WEEK WE CAN'T MAKE
02:50 - 29.860 THAT DETERMINATION AT THIS
02:50 - 30.860 POINT I DON'T KNOW WHAT ALL THE
02:50 - 32.290 ROLES AND RESPONSIBILITIES UP
02:50 - 33.970 THE COUNTY CONSERVATION
02:50 - 35.280 DISTRICT OR ARE THERE
02:50 - 36.780 ADDITIONAL RESPONSIBILITIES
02:50 - 38.630 THAT THEY HAVE OTHERS THEM.
02:50 - 40.430 >>BEING.
02:50 - 42.020 >>AND FORCE MEANT OF THE STORM
02:50 - 42.700 WATER MANAGEMENT.
02:50 - 45.240 >>ARE YOU SUGGEST WHERE YOU ARE
02:50 - 46.460 A MAJOR COMPLAINT.
02:50 - 49.040 NOW I DON'T THINK THAT WE WE
02:50 - 50.230 NEED TO AMEND THE COMPLAINT I
02:50 - 51.390 THINK THAT WE NEED TO.
02:50 - 54.530 >>FIND OUT WHY WHEN THIS.
02:50 - 57.450 BECAUSE BACK TO THE
02:50 - 58.740 TRIAL COURT YOUR MOTION TO
02:50 - 00.930 COMPEL BECAUSE WE GET ASKED OR
02:51 - 02.250 A SPECIFIC DISCOVERY.
02:51 - 04.610 ANYTHING THAT WAS CONTRARY TO
02:51 - 06.500 BE THE PARTY THAT THAT WOULD
02:51 - 07.800 SUPPORT THE PARTY'S DEFENSIVE
02:51 - 09.820 WHICH CONTRARY TO THE PARTY AND
02:51 - 11.630 I BELIEVE THE DELEGATION
02:51 - 13.530 AGREEMENT AT ANY OTHER ACTIONS,
02:51 - 14.600 THE RESPONSIBILITIES THAT
02:51 - 16.260 THEY HAVE. BUT OUTSIDE THE
02:51 - 17.460 STORM WATER MANAGEMENT BACK TO
02:51 - 18.210 SOMETHING THAT SHOULD HAVE BEEN
02:51 - 19.490 SHARED WITH THE PARTIES OF
02:51 - 21.010 DISCOVERY AND WE WOULD ASK THEM
02:51 - 22.680 FOR FURTHER INFORMATION.
02:51 - 23.910 THE DEVASTATION.
02:51 - 25.480 >>BUT IT'S NOT IMPOSES NEW
02:51 - 27.950 DUTIES OR OBLIGATIONS ON JUST
02:51 - 28.170 4.
02:51 - 31.050 YOU HAVE TO RAISE THAT YOUR
02:51 - 32.720 COMPLAINT ON SUNDAY TIMES YOU
02:51 - 33.410 DIDN'T KNOW ABOUT.
02:51 - 36.090 SO THIS OPENS A WHOLE CAN
02:51 - 36.520 OF WORMS.
02:51 - 39.650 >>WELL I THINK WE ALSO ONE OF
02:51 - 40.790 OUR CLAIMS AS FOR NEGLIGENT.
02:51 - 42.180 WELL, I BELIEVE THAT IT WOULD
02:51 - 42.850 FALL UNDER THAT.
02:51 - 46.560 WHAT WOULD YOU LIKE THE COURT
02:51 - 47.060 TO DO.
02:51 - 49.730 I WOULD LIKE THE
02:51 - 53.080 COURT TO TO CLIMB THE DECLINE
02:51 - 54.370 THE LOWER COURT REVIEW OF THE
02:51 - 55.460 LOWER COURT'S DECISION
02:51 - 57.950 OR. REVERSED THE LOWER COURT'S
02:51 - 59.250 DECISION BECAUSE THERE WAS NO
02:51 - 00.430 FACT IN FRONT OF
02:52 - 01.840 THE COURT FOR WHICH IT WAS
02:52 - 03.000 GOING TO MAKE A DETERMINATION
02:52 - 04.230 ON SUMMARY JUDGMENT ASKED TO BE
02:52 - 06.070 CLEAR THERE'S NO ISSUE OF
02:52 - 07.990 MATERIAL FACT AND YOU KNOW WHAT
02:52 - 09.390 FACTS WHERE THEY WERE PRESENT
02:52 - 10.900 THERE ARE NO FACTS PRESENT THE
02:52 - 12.040 ONLY EXHIBIT OR
02:52 - 13.130 A COMPLAINT PRELIMINARY
02:52 - 14.440 OBJECTIONS, AN ANSWER AND NO
02:52 - 16.280 MATTER THOUGH THERE'S BECAUSE
02:52 - 18.590 THERE IS A HOT. IT ALL RIGHT.
02:52 - 22.470 >>YOU WANT TO DO IT FOR.
02:52 - 26.590 >>THAT'S RIGHT. I DO WANT YOU
02:52 - 26.960 TO HER.
02:52 - 30.030 >>I GET OK WE'RE NOT DEALING
02:52 - 31.010 WITH THE ORDER THAT YOU DON'T
02:52 - 31.980 LIKE WE'RE DOING WITH THE ORDER
02:52 - 33.230 THAT YOU DO LIKE YES, YOUR
02:52 - 33.450 HONOR.
02:52 - 36.360 >>OKAY ALL RIGHT. THANK YOU.
02:52 - 37.340 THANK YOU REP.
02:52 - 41.870 >>AND TELL YOU WHEN A WELL ALL
02:52 - 43.100 THE TIME, BUT I WILL GIVE YOU
02:52 - 45.050 ONE MERIT OR REBUTTAL.
02:52 - 47.220 >>I'M SURE I'LL BE VERY BRIEF
02:52 - 47.890 YOUR HONOR.
02:52 - 50.270 THE DISTRICT RAISED IMMUNITY
02:52 - 51.980 AND PRELIMINARY OBJECTIONS.
02:52 - 53.360 THOSE PRELIMINARY OBJECTIONS
02:52 - 55.910 WOULD ABIDE. WE ANSWERED THAT
02:52 - 57.210 UNITY IS NEW MATTER.
02:52 - 59.820 IN THIS CASE BECAUSE OF THE
02:52 - 01.670 COMPLAINTS IT WAS VERY CLEAR
02:53 - 03.580 THE DISTRICT WAS A COMMONWEALTH
02:53 - 05.040 AND TO ME THAT'S NEVER IN
02:53 - 07.040 DOUBT. BUT NONETHELESS WE WENT
02:53 - 08.120 THROUGH DISCOVERY.
02:53 - 09.750 WE TALKED ABOUT THE DELEGATION
02:53 - 11.100 AGREEMENTS, THE WHOLE WAY
02:53 - 12.970 THROUGH WE PRODUCE THEM AND
02:53 - 14.640 THEN IT WASN'T DISCOVERY.
02:53 - 16.460 WE MOVED FOR SUMMARY JUDGMENT.
02:53 - 18.480 WHAT IS A CLEAR LEGAL ISSUE,
02:53 - 20.620 THE COURT COULDN'T TOUGH OUT
02:53 - 21.660 SOME OF IT SHOULD BE
02:53 - 23.620 OK AND SOME OF IT NOT TO BE
02:53 - 25.100 OKAY, YOU'RE THERE AND YOU'RE
02:53 - 26.300 IN OR YOU'RE NOT YOU KNOW THE
02:53 - 27.780 PROBLEM THE PROBLEM WITH THAT
02:53 - 28.960 ARGUMENT IS MAYBE THE COURT WAS
02:53 - 29.350 WRONG.
02:53 - 32.570 >>WE HAVE MORE YEARS TO MATURE
02:53 - 33.920 ASSUMING THAT THE TRIAL COURT
02:53 - 35.780 GOT THE DAMAGES SIDE OF IT
02:53 - 37.890 CORRECT. YES, YES,
02:53 - 39.750 YOUR HONOR BECAUSE WE DON'T
02:53 - 40.850 KNOW IF THEY DID OR NOT BECAUSE
02:53 - 41.540 THAT HASN'T BEEN A
02:53 - 44.470 SO YOUR ARGUMENT WANT TO
02:53 - 46.060 PRESUME THAT THE TRIAL COURT
02:53 - 46.710 WAS CORRECT.
02:53 - 49.720 >>BECAUSE UNDER THE FACTS OF
02:53 - 51.310 THIS CASE, THERE'S CLEARLY AN
02:53 - 53.130 IMMUNITY DEFENSE AND
02:53 - 55.070 WE RAISED, AND THE COURT GOT
02:53 - 56.790 SOME OF THAT BUT NOT ALL OF IT,
02:53 - 58.970 THERE'S NO LOGICAL WAY JUSTIFY
02:53 - 59.230 WHAT THE
02:53 - 01.440 COURT DID EXCEPT TO ASSUME THAT
02:54 - 02.690 WE ARE I AGREE WITH YOU OR
02:54 - 03.850 MAYBE THE TRUCK MADE THE TRIAL
02:54 - 04.570 COURT WAS WRONG.
02:54 - 08.440 >>THEY WERE THE TRUCKER WAS
02:54 - 10.430 WRONG ON ON GIVING YOU SOME RE
02:54 - 11.360 JUDGMENT IN PART.
02:54 - 14.520 >>I DON'T BELIEVE THAT'S THE
02:54 - 15.820 CASE YOUR HONOR I THINK IT'S
02:54 - 17.350 VERY CLEARLY A CASE IN WHICH
02:54 - 18.900 SOVEREIGN IMMUNITY APPLIES AND
02:54 - 19.570 I THINK THAT.
02:54 - 21.950 FOR ALL THE REASONS LAID OUT
02:54 - 24.040 HER BRIEF THAT'S THAT'S THE
02:54 - 25.350 ONLY CONCLUSION THE SCORE CAN
02:54 - 26.530 REALLY COME TO US ABOUT HER
02:54 - 28.780 LOGIC AND THAT'S NOT BEFORE YOU
02:54 - 31.030 KNOW YOU'RE RIGHT. THAT'S
02:54 - 33.110 THAT'S THE FACT THAT YOU'VE GOT
02:54 - 36.510 AND WE HUMBLY ASK THAT YOU FROM
02:54 - 38.520 PARTS OF THE CASE THAT WE'RE
02:54 - 40.270 CORRECT AND REVERSE THE COURT.
02:54 - 42.660 A PART THAT MAKES THIS UNSPENT
02:54 - 44.330 THIS TRUCK THAT HIT THIS MRS.
02:54 - 45.320 WHEN THE KIDS.
02:54 - 50.090 >>AND INCLUDE
02:55 - 26.610 >>THAT AFTERNOON NUMBER 50 THIS
02:55 - 27.470 IS THE.
02:55 - 30.380 >>COLONEL ORDER OF POLICE LODGE
02:55 - 30.910 NUMBER.
02:55 - 31.860 >>IT SHOULD BE.
02:55 - 36.330 THE PHILADELPHIA AND THE
02:55 - 36.830 DISTRICT
02:55 - 37.400 ATTORNEY ERNIE.
02:55 - 40.040 >>THE FRATERNAL ORDER OF LEAVE
02:55 - 42.050 AND PHILIP CERTAIN PHILADELPHIA
02:55 - 44.150 POLICE OFFICERS HAVE FILED THE
02:55 - 45.790 COMPLAINT AGAINST THE CITY OF
02:55 - 48.660 PHILADELPHIA MAYOR AND FORMER
02:55 - 50.110 POLICE COMMISSIONER AND THE
02:55 - 51.900 DISTRICT ATTORNEYS. THE KING
02:55 - 53.530 DECLARER HURRY AND INJUNCTIVE
02:55 - 53.920 RELIEF.
02:55 - 56.650 THE COMPLAINT ALLEGES THAT
02:55 - 58.280 THE DEATH DISTRICT ATTORNEY'S
02:55 - 59.970 HAS ASSEMBLED THE PERSONNEL
02:55 - 02.510 RECORDS OF POLICE OFFICER FROM
02:56 - 05.380 THE CITY IN ORDER TO CREATE A
02:56 - 06.020 DO NOT
02:56 - 09.510 ALL LIVE. OFFICERS ON THE LEFT
02:56 - 11.450 WILL NOT BE CALLED TO TESTIFY
02:56 - 12.730 IN CRIMINAL CASES
02:56 - 14.970 AND THEY ARE RESTRICTED IN
02:56 - 16.050 THEIR TIME.
02:56 - 19.420 THE LIST ALSO INCLUDES OFFICERS
02:56 - 21.430 WHO HAVE BEEN EXONERATED OF ANY
02:56 - 23.190 CHARGES OF MISCONDUCT.
02:56 - 25.070 AND THE PERSON
02:56 - 27.570 NOW RECORD ARE PROVIDED BY THE
02:56 - 29.700 DISTRICT ATTORNEYS TO CRIMINAL
02:56 - 32.490 THEM. THE DEFENDANT HAS CALLED
02:56 - 34.000 THE TORY BRADY EVIDENCE.
02:56 - 36.240 THE TRIAL COURT DISMISSED THE
02:56 - 37.300 COMPLAINTS THE TRIAL
02:56 - 39.660 COURT HELD THAT THE DISTRICT
02:56 - 41.060 ATTORNEY WAS AUTHORIZED TO
02:56 - 43.270 DISCLOSE THE INFORMATION TO
02:56 - 44.220 CRIMINAL DEFENDANT.
02:56 - 46.770 >>AND FOR DERBY UNION DID NOT
02:56 - 48.050 PROVE THE EXISTENCE.
02:56 - 50.370 >>OF THE LEFT OR PROVE
02:56 - 53.380 ANY HARM THE UNION ARGUES THAT
02:56 - 55.110 THE TRIAL COURT AIR
02:56 - 56.610 THE DISTRICT ATTORNEY'S DOES
02:56 - 58.530 NOT ENJOY IMMUNITY FROM ANY
02:56 - 00.950 JUNCTURE LATE AND FURTHER AT
02:57 - 02.930 THIS STAGE OF THE LITIGATION
02:57 - 04.640 THAT YOU HAVE HAD NO
02:57 - 07.290 EVIDENTIARY BURDEN. THE UNION
02:57 - 10.210 MAINTAIN THE FACTS AS WELL
02:57 - 11.890 DEMONSTRATORS VIOLATION OF THE
02:57 - 14.270 CONSTITUTIONAL RIGHT OF ITS
02:57 - 16.850 MEMBERS. THEY REQUEST
02:57 - 19.230 THE COURT. THIS COURT WHO ARE
02:57 - 20.640 FROM THE TRIAL COURT.
02:57 - 25.520 >>I'M A SHY HAVE 15 MINUTES.
02:57 - 32.820 >>I'M NOT MET MISTER RICHARD
02:57 - 34.060 ARE YOU GOING TO BE DIVIDING
02:57 - 36.000 YOUR TIME AND IF SO HOW.
02:57 - 38.110 >>YES JUDGE THIS IS
02:57 - 39.870 OUR RICHARD SWEAR DIVIDING IT
02:57 - 42.330 10 MINUTES FOR ME 5 MINUTES
02:57 - 43.270 FROM IS MICK, NOT.
02:57 - 44.310 >>LOOK.
02:57 - 51.180 >>MISTER KATHY WOULD YOU LIKE
02:57 - 53.000 TO REPAIR SOME OF YOUR 15
02:57 - 53.350 MINUTES
02:57 - 54.100 FOR REBUTTAL.
02:57 - 55.580 >>I YES, YOUR HONOR I'D LIKE TO
02:57 - 57.210 RESERVE A COUPLE MINUTES 2
02:57 - 59.750 MINUTES. WE'RE ABOUT. YEAH, YOU
02:57 - 02.080 GOT IT. THANK YOU. ALL RIGHT.
02:58 - 05.430 A MAJOR STREET. THANK
02:58 - 05.770 YOU EUROPE.
02:58 - 09.730 AS YOUR HONOR APTLY DESCRIBED
02:58 - 12.220 THE CASE. THE FRATERNAL ORDER
02:58 - 14.650 OF POLICE AND ITS OFFICERS AND
02:58 - 17.580 11 POLICE OFFICERS BROUGHT THIS
02:58 - 19.220 ACTION AGAINST THE CITY
02:58 - 20.670 OF PHILADELPHIA AGAINST THE
02:58 - 22.320 CITY FOR THE POLICE DEPARTMENT
02:58 - 23.810 COMMISSIONER AND THE DISTRICT
02:58 - 25.570 ATTORNEY JAIME BECAUSE
02:58 - 28.190 WHAT WAS BEING PROVIDED IN THE
02:58 - 28.600 FORM OF
02:58 - 30.760 PERSONNEL INFORMATION. THE
02:58 - 31.990 DEPARTMENT TO THE FIRE
02:58 - 35.050 DEPARTMENT TO THE CONTRARY WERE
02:58 - 36.100 INSTANCES,
02:58 - 39.790 WE'RE POLICE OFFICERS ALL ALL
02:58 - 41.520 OF THE 11 MEMBERS OF THE
02:58 - 42.890 DEPARTMENT WHO ARE PLAINTIFFS
02:58 - 43.990 IN THIS CASE. ALSO IN THE
02:58 - 45.860 SAME CATEGORY. THEY WERE 11
02:58 - 48.820 PEOPLE FOR ME. THERE WAS NO
02:58 - 51.330 UNDERLYING FINDING OF POLICE
02:58 - 53.550 MISCONDUCT IN FACT THERE HAD
02:58 - 55.150 BEEN NO ALLEGATION. THE
02:58 - 57.280 ALLEGATION HAD BEEN. WITH WHAT
02:58 - 58.110 THE ALLEGATIONS
02:58 - 00.620 WERE RESOLVED. IN FAVOR OF THE
02:59 - 02.760 OFFICER I THE ALTAR DID NOT
02:59 - 03.310 COMMIT ANY
02:59 - 06.410 DISCIPLINARY INFRACTION AND
02:59 - 07.950 THEREFORE THERE WAS NO
02:59 - 10.210 MISCONDUCT. NEVERTHELESS.
02:59 - 11.880 AND
02:59 - 13.580 THOSE CHARGES OR RESOLVED
02:59 - 15.700 INTERNALLY I THINK TO A POLICE
02:59 - 17.260 BOARD OF INQUIRY WHICH IS ONE
02:59 - 19.860 OF THE INTERNAL MECHANISMS THAT
02:59 - 21.260 THE POLICE DEPARTMENT HAS
02:59 - 23.340 ADMINISTRATIVE BOARD. WE'RE
02:59 - 23.790 CHARGES
02:59 - 26.690 OR HEARD AND WE'RE TRYING TO
02:59 - 28.520 EXPAND CHARACTER THERE'S ONE
02:59 - 29.500 THERE'S ONE FACT, I'M A LITTLE
02:59 - 31.860 CONFUSED ABOUT AND AND IN TERMS
02:59 - 32.820 OF WHAT THE FRONT
02:59 - 35.170 >>THE INFORMATION THAT THE
02:59 - 36.510 DISTRICT ATTORNEY'S SUPPLYING
02:59 - 37.880 AS BRADY MATERIAL.
02:59 - 39.540 >>DOES IT INCLUDE
02:59 - 40.900 ONLY THE FACT THAT AN
02:59 - 42.390 ALLEGATION OF MISCONDUCT HAS
02:59 - 43.720 MADE OR DOES THAT ALSO INCLUDE
02:59 - 46.230 THE THE INTERNAL RESULT OF THE
02:59 - 47.660 INVESTIGATION THAT TO THE
02:59 - 48.850 RESULT OF WHETHER DISCIPLINE
02:59 - 50.220 WAS IMPOSED AND IF SO WHY.
02:59 - 54.730 >>IT INCLUDES THE ALLEGATION OF
02:59 - 56.460 WHATEVER THE MISCONDUCT WAS
02:59 - 58.020 AND I BELIEVE IT ALSO INCLUDES
02:59 - 00.030 THE RESULTS WERE IN COURT.
03:00 - 01.610 AND IT ALSO RESERVES THE RIGHT
03:00 - 02.670 TO INCLUDE ADDITIONAL
03:00 - 05.210 INFORMATION. I MEAN HOW OUR
03:00 - 06.820 PROBLEM WITH THIS FRANKLY IS
03:00 - 09.180 THAT WE DON'T BELIEVE THAT
03:00 - 11.560 WE'RE THE POLICE OFFICER HAS
03:00 - 13.310 BEEN DETERMINED. WHY THE
03:00 - 15.000 DEPARTMENT INTERNALLY OR BY
03:00 - 16.130 SOME OTHER 3RD PARTY FOR
03:00 - 17.550 EXAMPLE, AN ARBITRATOR
03:00 - 20.000 TO HAVE NOT COMMITTED AN ACT OF
03:00 - 22.430 MISCONDUCT THAT THAT TAKES IT
03:00 - 24.310 OUTSIDE OF THE PURVIEW OF
03:00 - 26.960 BRADY MATERIAL AND SHOULD
03:00 - 28.380 NEVER HAVE BEEN PROVIDED THE
03:00 - 29.950 MATERIAL THAT WAS TURNED OVER
03:00 - 31.260 THE INFORMATION THAT WAS TURNED
03:00 - 32.860 OVER WOULD BE HALF OF THE 11
03:00 - 35.150 POLICE OFFICERS. TO
03:00 - 36.740 THE DISH THAT SHE SHOULD NEVER
03:00 - 38.020 HAVE BEEN INCLUDED AS A AS A
03:00 - 39.750 BRADY TENDER TO BEGIN WITH
03:00 - 40.460 BECAUSE THERE WAS NO
03:00 - 41.640 MISCONDUCT, NOT ONLY
03:00 - 43.650 IS A TURNOVER DO SO TO IS YOUR
03:00 - 45.480 POSITION IS YOUR POSITION THAT
03:00 - 47.420 THE INTERNAL INVESTIGATIVE
03:00 - 48.250 RESULTS OF AN INTERNAL
03:00 - 50.550 INVESTIGATION OR RESIDUE THE CA
03:00 - 52.130 COLLATERAL ESTOPPEL.
03:00 - 54.760 >>CAN NEVER BE CHALLENGED IN
03:00 - 56.020 FRONT OF A JURY.
03:00 - 59.040 >>IT BECAUSE WE HAVE WE I MEAN
03:00 - 59.160 WE
03:00 - 01.290 ALWAYS HAVE AND UNFORTUNATELY
03:01 - 02.220 ALL WHICH IS THE WRONG WORD,
03:01 - 03.610 BUT SOMETIMES POLICE OFFICERS
03:01 - 04.450 ARE BROUGHT UP AND CIVIL
03:01 - 06.560 CHARGES WHERE THEY HAVE BEEN
03:01 - 08.040 CLEARED BY AN
03:01 - 10.900 INTERNAL INVESTIGATION. BUT
03:01 - 12.800 THAT THE JURY IS STILL UNTITLED
03:01 - 14.110 TO DECIDE THE QUESTION OF
03:01 - 17.280 WHETHER THE POLICE ENGAGED IN
03:01 - 18.510 INAPPROPRIATE BEHAVIOR.
03:01 - 20.860 >>IF THIS IS A CIVIL SUIT FOR
03:01 - 22.370 DAMAGES, SOMETIMES IT MAY BE
03:01 - 24.610 APPROPRIATE IN IN IN THIS CASE
03:01 - 25.690 IN THIS CASE.
03:01 - 26.950 WE'RE THE
03:01 - 29.420 POLICE OFFICER IS PUT THE BASIC
03:01 - 31.570 LEE. THE POLICE OFFICER BECAUSE
03:01 - 33.200 OF THE EXISTENCE. ALL THE
03:01 - 34.250 CONCLUSION WITHIN THE
03:01 - 35.150 DEPARTMENT OF
03:01 - 37.540 NO MISCONDUCT HE'S PUT INTO A
03:01 - 39.390 REGISTRY WE CALL DO NOT CALL
03:01 - 40.640 THIS WHAT IT REALLY IS ITS
03:01 - 42.390 DATABASE. IT'S A DATABASE
03:01 - 46.500 OF. THAT'S THAT POLICE
03:01 - 47.930 MISCONDUCT DATABASE.
03:01 - 50.910 >>AND WHAT WAS THE EVIDENCE OF
03:01 - 52.350 THIS DO NOT CALL LIST.
03:01 - 55.550 >>THE EVIDENCE IS IN THE FORM
03:01 - 57.860 OF THERE WAS A LIST THAT WOULD
03:01 - 59.540 THAT EXISTED BY
03:02 - 02.340 FROM THE PRIOR TO THE TARGET OF
03:02 - 05.220 66 OFFICERS. ALL ONE WELL
03:02 - 05.720 BEYOND THAT.
03:02 - 07.680 >>THE POLICE ARE ACTUALLY A
03:02 - 09.750 PHYSICAL LIST YOU ACTUALLY HAVE
03:02 - 11.030 THE PAPER WITH A LIST ON IT
03:02 - 12.370 THERE'S NOT A PAPER WITH A LIST
03:02 - 14.480 ON. BUT THERE IS A DAY TO MS.
03:02 - 16.670 AND TODAY, BUT THAT IS CREATED
03:02 - 18.250 WHEN THE POLICE DEPARTMENT
03:02 - 19.250 PROVIDES
03:02 - 21.940 THE INFORMATION TO THE DISTRICT
03:02 - 23.130 ATTORNEY OR THE ADDITION OF
03:02 - 25.110 TINY THEN STANDS. ONE OF THE
03:02 - 26.230 ASSISTANT DISTRICT ATTORNEYS
03:02 - 28.060 WHO RUNS THEIR UNIT SENDS
03:02 - 30.510 A LETTER TO THE POLICE OFFICER
03:02 - 32.150 STATING TO THE POLICE OFFICER.
03:02 - 34.350 THIS IS A NOTIFICATION THAT
03:02 - 35.940 YOUR INCLUDED IN A POLICE
03:02 - 36.720 MISCONDUCT.
03:02 - 40.030 THE DATABASES YOU KNOW
03:02 - 40.480 ARE THERE.
03:02 - 42.810 >>WHERE WHERE DOES THAT SAY
03:02 - 44.010 THEY'RE NOT A LOCK OF COLUMNS
03:02 - 44.850 WITNESSES.
03:02 - 50.620 >>ULTIMATELY THAT'S THE WAY
03:02 - 52.060 THIS IS GOING TO WATCH AND
03:02 - 52.950 WE'RE STILL AT THE PLEADING
03:02 - 54.790 STAGE WHAT WE HAVE ALLEGED IS
03:02 - 55.680 THAT THESE THAT
03:02 - 58.000 THESE FOLKS WE'LL NOT BE
03:02 - 59.240 EVENTUALLY WILL NOT BE CALLED
03:02 - 01.200 AS WITNESSES WE'VE ALSO ALLEGED
03:03 - 03.110 THAT THE OR NEGATIVE
03:03 - 05.080 RAMIFICATIONS THAT WILL RESULT
03:03 - 06.670 BECAUSE THE
03:03 - 09.200 OFFICER'S NAME IS INCLUDED IN
03:03 - 12.020 THE IN THE DATABASE WE'VE
03:03 - 13.740 ALLEGED AT LEAST ONE POLICE
03:03 - 14.190 OFFICER.
03:03 - 19.930 RIGHT WHO IS ONE OF THE
03:03 - 22.080 PLAINTIFFS IN THE CASE. HE WAS
03:03 - 24.300 BEING TRAINED FOR BY
03:03 - 26.260 THE DEPARTMENT 4 PLAINCLOTHES
03:03 - 28.160 ASSIGNMENT AND AS A RESULT OF
03:03 - 29.390 WHAT WAS ALLEGED IN THE
03:03 - 31.710 COMPLAINT IS THAT AS A RESULT
03:03 - 34.320 OF HE'S BEING PLACED IN THIS
03:03 - 36.900 DATABASE. HE REMOVE
03:03 - 39.220 FROM THE PLAINCLOTHES TRAINING
03:03 - 40.600 AND HE WAS RETURNED TO THE
03:03 - 42.870 PATROL. SO THIS IS NOT
03:03 - 45.760 INCLUSION IN THESE DATABASES IS
03:03 - 47.260 NOT FOR THE PURPOSE OF
03:03 - 48.420 ADVANCEMENT OF ONE POLICE
03:03 - 50.170 STORY. IT IS IN FACT WHEN WE
03:03 - 51.900 HAVE ALLEGED AND WE HAVE
03:03 - 54.190 ALLEGED THAT THAT WHAT WE KNOW
03:03 - 56.950 HAPPEN AS A RESULT OF INCLUSION
03:03 - 58.230 ITS DATABASE
03:03 - 00.620 IS IT WILL HAVE NEGATIVE
03:04 - 03.270 IMPACTS IN THE FUTURE. WHEN
03:04 - 05.110 PRESIDENT ON POLICE OFFICERS
03:04 - 07.440 ABILITY TO ADVANCE THE POLICE
03:04 - 09.980 OFFICER'S ABILITY. TO MAKE
03:04 - 10.590 ARRESTS
03:04 - 13.060 TO SILENCE AND TO ADVANCEMENT
03:04 - 14.850 POSSIBLY TO PROMOTIONS. I MEAN
03:04 - 16.070 THIS IS THIS IS SOMETHING IS
03:04 - 17.390 COMPLETELY AND TOTALLY NEW
03:04 - 19.540 WE'RE NOT COMPLETELY AWARE YET
03:04 - 21.820 OF HOW IT WORKS WHAT THE FULL
03:04 - 23.910 WRATH OF THESE WHAT STICKS OUT.
03:04 - 25.340 WHAT WE USE.
03:04 - 28.060 THIS WILL
03:04 - 28.880 BE CLEAR.
03:04 - 30.940 >>IS YOUR POSITION ONLY WITH
03:04 - 33.360 REGARD TO FILES AND WHICH
03:04 - 36.670 THE OFFICER WAS EXONERATED.
03:04 - 40.050 THAT'S WHAT THIS LITTLE ABOUT
03:04 - 43.410 ACTUALLY JUST OKAY. YES, EVERY
03:04 - 44.450 ONE OF OUR PLAN IS.
03:04 - 46.710 >>IS A PLAINTIFF WHO WAS
03:04 - 48.930 EXONERATED INTERNALLY AND THERE
03:04 - 50.700 WAS NO FINDING OF MISCONDUCT.
03:04 - 52.460 YET. SOME.
03:04 - 54.550 >>SO YOU KNOW CHALLENGE TO IT.
03:04 - 55.750 >>BEING DONE.
03:04 - 56.900 >>SORE.
03:04 - 59.280 >>SO I AGREE BINS PROCEDURE WAS
03:04 - 01.200 COMPLETED OR ARBITRATION.
03:05 - 03.970 YOU'RE ONLY ONLY TALKING
03:05 - 05.410 ABOUT THOSE WHO ARE EXONERATED
03:05 - 06.450 YOU'RE YOU'RE NOT RACING
03:05 - 07.980 CHALLENGER QUESTION TO ANY
03:05 - 09.090 OTHER FILES THAT MIGHT BE
03:05 - 11.490 CHECKED. WELL AT THIS POINT.
03:05 - 14.620 >>THE THE LITIGATION.
03:05 - 16.790 IT INVOLVES PEOPLE FOR WHOM.
03:05 - 18.870 >>THAT THE THE SO-CALLED
03:05 - 21.070 CONCLUSION. POLICE MISCONDUCT
03:05 - 23.570 WAS IN FACT THE OPTIONS, NO
03:05 - 25.410 MISCONDUCT. AND
03:05 - 28.970 HAS TO HOW HAS TO THE BREATH
03:05 - 31.380 OF THE THE PRACTICE AND THE
03:05 - 34.830 THE FILES THAT ADDITION USES
03:05 - 36.390 ALL RIGHT AND HOW THAT'S GOING
03:05 - 38.720 TO USE THAT PROBABLY WILL BE
03:05 - 40.230 SOMETHING THAT IS THE SUBJECT
03:05 - 42.700 OF OF DISCOVERY AS WE PROCEED
03:05 - 44.290 WITH THIS CASE. WE'VE ALLEGED
03:05 - 46.390 DOUBLE EACH DAY WE HAVE ALLEGED
03:05 - 50.060 THAT THE INFORMATION THAT GOES
03:05 - 51.910 FROM THE POLICE DEPARTMENT TO
03:05 - 53.050 THE DISTRICT ATTORNEYS, THE
03:05 - 54.570 POLICE OFFICER. IT'S NO
03:05 - 56.730 NOTIFICATION THAT THERE WERE NO
03:05 - 57.470 STANDARDS
03:05 - 58.880 THAT TEACHES THE POLICE OFFICER
03:05 - 00.930 HAS NO NOTICE OF IT GOES TO THE
03:06 - 02.270 DISTRICT ATTORNEYS AND DISTRICT
03:06 - 03.530 ATTORNEYS AND SENDS
03:06 - 05.790 A LETTER THE INDIVIDUAL POLICE
03:06 - 07.350 OFFICER THAT ESSENTIALLY SAYS
03:06 - 08.990 CONGRATULATIONS YOU'RE NOW ON
03:06 - 09.240 THE
03:06 - 12.340 MISCONDUCT WAS AND THIS WILL BE
03:06 - 13.970 THE INFORMATION CONTAINED IN
03:06 - 16.920 THIS LETTER WILL WILL BE NO
03:06 - 19.440 BE PROVIDED AND UNDERLYING
03:06 - 21.210 DOCUMENTS WE'LL BE PROVIDED.
03:06 - 24.290 DEFENDANTS NOW OR IN THE FUTURE
03:06 - 26.100 IN ANY CASE IT IS NOT
03:06 - 27.530 FOR ME IS THAT WE'RE TALKING TO
03:06 - 29.110 GET COUNCIL A LETTER THAT SAYS
03:06 - 31.120 YOU ARE NOW AND MISCONDUCT LIST
03:06 - 31.890 THAT WILL BE.
03:06 - 33.680 >>IS THAT WHAT THAT LETTER SAYS
03:06 - 35.360 IT SENT TO THE OFFICER. IT
03:06 - 36.740 DIDN'T RECOGNIZE THE LETTERS
03:06 - 38.630 ACTUALLY SAYS YOU ARE IN A
03:06 - 40.540 POLICE MISCONDUCT PAID CASH AND
03:06 - 41.420 THAT YOU WILL NOT
03:06 - 43.230 AND THAT IT WILL BE USED BY THE
03:06 - 44.950 DISTRICT ATTORNEY'S OFFICE THAT
03:06 - 45.960 THE DISH YOU CAN TURNING WILL
03:06 - 48.350 PROVIDE THE INFORMATION AND HE
03:06 - 50.250 SET FORTH IN HIS SUMMARY.
03:06 - 52.520 >>OF THE OF THE THE
03:06 - 54.450 ALLEGED MISCONDUCT WHICH THE
03:06 - 56.030 OFFICER WAS FOUND GUILTY.
03:06 - 57.870 ANY AND IT AND IT SAYS.
03:06 - 00.920 THIS INFORMATION AND AND
03:07 - 02.420 FURTHER AND AND AND THIS UP
03:07 - 04.130 SUPPORTING INFORMATION WILL BE
03:07 - 06.360 PROVIDED TO DEFENSE LAWYERS IN
03:07 - 07.940 ANY CASE IN WHICH YOU MAY BE
03:07 - 08.950 CALLED AS WITNESSES.
03:07 - 10.710 WHAT WOULD YOU MAY WANT THERE
03:07 - 11.780 TO BE A.
03:07 - 14.450 >>HERE'S ME WITH A COPY OF THE
03:07 - 16.490 LETTER THAT THE OFFICER GETS
03:07 - 18.700 BACK TO YOUR COMPLAINT, IT'S IN
03:07 - 20.010 IT IT IS IN A
03:07 - 20.900 COPY OF.
03:07 - 23.970 >>THE LETTER THE STANDARD
03:07 - 24.750 LETTER AND A
03:07 - 27.150 COPY OF EACH OF THE LETTERS
03:07 - 29.410 THAT WAS SENT TO EACH OF THE 11
03:07 - 30.840 POLICE OFFICER DEFENDED IS
03:07 - 32.230 INCLUDED IN THE IN THE RECORD.
03:07 - 35.300 >>AND I HAVE TO DO S AND M.
03:07 - 36.780 >>WE HAVE A RECORD WE'RE HERE
03:07 - 36.940 ON
03:07 - 38.720 PRELIMINARY OBJECTIONS.
03:07 - 41.620 >>THAT WE MAY LEAVE WE ATTACHED
03:07 - 43.850 AS HAS EXHIBITS
03:07 - 44.530 E.
03:07 - 46.580 >>IN THE TRUCK WAS A CATCH.
03:07 - 47.910 >>WHO THE BLEEDING.
03:07 - 50.510 DOCUMENTS OKAY, I'M
03:07 - 53.080 SORRY I WILL AIR HAS JUST 2
03:07 - 55.320 QUICK QUESTIONS FIRST I BELIEVE
03:07 - 56.020 WHEN I READ THE
03:07 - 59.160 LETTER SAID THAT IT ASKED THE
03:07 - 01.840 OFFICER TO REPLY IF THERE WERE
03:08 - 03.660 ANY IF THERE WAS SOMETHING
03:08 - 04.470 INCORRECT
03:08 - 07.400 IN IT. BUT I ALSO WONDERED
03:08 - 09.080 WHETHER ACCEPTING YOUR
03:08 - 10.910 ARGUMENT. WE MEAN THAT THE
03:08 - 14.600 POLICE OFFICERS OR THE UNION TO
03:08 - 16.690 DECIDE WHAT WOULD BE DISCLOSED
03:08 - 18.470 TO BOWL THEM INFORMATION FOR
03:08 - 21.160 BRADY. SO THAT'S
03:08 - 24.910 WE'RE NOT IS IS THAT THE RESULT
03:08 - 26.960 IF WE ACCEPT YOUR ARGUMENTS
03:08 - 28.290 THAT NONE OF THIS INFORMATION
03:08 - 29.660 SHOULD BE DISCLOSED IS.
03:08 - 31.960 >>YOUR HONOR WHAT WE WHAT WE
03:08 - 33.060 ASSERT IS THAT.
03:08 - 37.070 THAT BRADY EXTENDS BRADY
03:08 - 39.130 EXTENDS TO OPEN DURING THAT
03:08 - 41.320 PERIOD THAT WE'RE A POLICE
03:08 - 43.940 OFFICER HAD AN UNSUPPORTED
03:08 - 45.940 ALLEGATIONS. WHAT THAT WAS
03:08 - 47.320 HANDLED WITH AN THE
03:08 - 50.470 ADMINISTRATORS. PROCESS AND WAS
03:08 - 53.500 FOUND TO BE NOT GUILTY. ANOTHER
03:08 - 54.740 WHICH WAS EXONERATED
03:08 - 57.460 THAT THERE'S NO EXCULPATORY
03:08 - 58.570 VALUE IN THAT
03:08 - 01.090 IN FACT THE DISTRICT ATTORNEY'S
03:09 - 02.390 THE DEPARTMENT PLACES, NO
03:09 - 04.120 CHARGES YET. NO DISCIPLINE
03:09 - 06.750 RISES EFFECT ONE OF THE ONE OF
03:09 - 08.770 THE INCIDENTS INVOLVING ONE OF
03:09 - 10.040 OUR POLICE OFFICERS OFFICER
03:09 - 12.170 FITZPATRICK AND YOU'LL SEE THAT
03:09 - 13.930 6 EXHIBIT THINK GO BACK AND
03:09 - 16.100 WITH THE SPONSORS EXPECTED AND
03:09 - 17.610 HAD HIS OWN PRIVATE ARMY
03:09 - 19.540 AND WROTE A LETTER AFTER HE WAS
03:09 - 21.100 HERE 3 RECEIVED THE DISTRICT
03:09 - 23.310 ATTORNEY'S LETTER. HE HAD HIS
03:09 - 25.040 PRIZE WINNER. CENT OF
03:09 - 26.720 MY PRIMETIME WHO ALSO HAVE BEEN
03:09 - 28.680 A TRAGIC AND WHAT DO YOU MEAN I
03:09 - 30.610 WASN'T FOUND GUILTY. THERE WAS
03:09 - 32.190 A BACK AND FORTH THEY AGREED
03:09 - 33.800 THAT THE CHARGES WERE
03:09 - 35.830 WHERE THIS LIST THAT THERE WAS
03:09 - 37.730 NO FINDING OF OF OATH.
03:09 - 39.460 POLICE MISCONDUCT, BUT THE
03:09 - 40.670 DISTRICT ATTORNEY SAID MONDAY
03:09 - 42.430 LESS YOU'RE IN YOU YOU STAY IN
03:09 - 44.720 THE IN THE IN THE REGISTER AND
03:09 - 46.850 THAT THAT ALLEGATION INVOLVING
03:09 - 48.640 FITZPATRICK WAS 22 YEARS OLD.
03:09 - 51.570 AND WHAT WE SAY IT IS.
03:09 - 55.550 YOU CAN READ GREAT AND I DON'T
03:09 - 56.510 KNOW OF ANY CASE THAT REACHED
03:09 - 58.000 BRADY AS.
03:09 - 00.620 GIVING THE DISTRICT
03:10 - 03.060 A PARTY. THE OPPORTUNITY WAS
03:10 - 04.200 CHECKED AND WE CREATE.
03:10 - 07.230 DISCIPLINE RECORDS, ESPECIALLY
03:10 - 08.450 WHEN THE POLICE DEPARTMENT
03:10 - 09.490 WHICH IS THE EMPLOYER
03:10 - 11.590 WHICH DOES HAVE THE OBLIGATION
03:10 - 13.060 AND WHICH DOES WHEN YOU SHOW
03:10 - 14.900 JUICES TAKING CLEAR ACTION
03:10 - 16.100 WOULD NOT THINK THIS ONE AREA
03:10 - 18.400 WHEN IF AND WHEN THE POLICE
03:10 - 19.770 DEPARTMENT THROUGH ITS OWN
03:10 - 21.450 PROCEDURES SAYS YOU DIDN'T
03:10 - 23.590 COMEY AN INSTANT OF
03:10 - 24.650 POLICE MISCONDUCT.
03:10 - 27.810 >>BY A LITTLE YOU DELIBERATELY
03:10 - 29.380 ANYWAYS HOW DOES THE DISTRICT
03:10 - 31.160 ATTORNEYS. I HAVE THE RIGHT TO
03:10 - 33.340 SAY THANK YOU. WE VIEW IT AS
03:10 - 34.860 POLICE MISCONDUCT WE'RE GOING
03:10 - 36.810 TO PUSH IN A REGISTRY AND
03:10 - 38.280 POLICE MISCONDUCT AND THAT'S
03:10 - 39.630 GOING TO FOLLOW YOU FOR THE
03:10 - 40.770 REST OF YOUR CAREERS.
03:10 - 43.400 NOW HOW FAR AND HOW BROAD AND
03:10 - 45.160 HOW WIDE THAT IS THAT'S WHY
03:10 - 47.340 WE'RE HERE BECAUSE THIS IS
03:10 - 49.550 SOMETHING THAT IS BRAND NEW AND
03:10 - 51.220 IT'S SOMETHING THAT WE BELIEVE
03:10 - 52.380 RAISES.
03:10 - 55.910 SYRIA'S A CONSTITUTIONAL STATE
03:10 - 57.200 CONSTITUTIONAL ISSUES WITH
03:10 - 58.750 RESPECT TO OFFICERS RIGHT THE
03:10 - 00.670 CONFIDENTIALITY PRIVACY AND
03:11 - 03.300 REPUTATIONS AND MY QUESTION.
03:11 - 05.130 THE POLICE DEPARTMENT TAKES
03:11 - 06.860 THIS INFORMATION WITHOUT
03:11 - 08.400 NOTIFICATION AND LET'S NOT
03:11 - 09.710 FORGET POLICE DEPARTMENT THE
03:11 - 11.300 BOARD. THE POLICE DEPARTMENT
03:11 - 12.280 TAKES THE INFORMATION
03:11 - 14.800 GIVES IT TO THE DISTRICT
03:11 - 15.740 ATTORNEY AND THE DISTRICT
03:11 - 17.220 ATTORNEYS SAYS I'M GOING TO
03:11 - 17.820 SEND IT OFF
03:11 - 20.650 TO EVERYBODY ANYBODY IN ANY
03:11 - 21.560 CASE THAT YOU'RE INVOLVED.
03:11 - 22.880 IT DOESN'T TAKE A LOT OF
03:11 - 24.570 IMAGINATION TO FIGURE OUT
03:11 - 26.200 THAT EVENTUALLY IT'S JUST GOING
03:11 - 27.470 TO HAVE NEGATIVE CAREER
03:11 - 29.270 IMPLICATIONS IN SIGHT DOES HAVE
03:11 - 30.760 NEGATIVE IMPLICATIONS FOR
03:11 - 32.720 POLICE OFFICERS. WE DON'T THINK
03:11 - 36.480 GRADY EXTENDS SO FAR HAS
03:11 - 38.560 TO MAKE THE POLICE THINK THE
03:11 - 39.340 DISTRICT ATTORNEY R D
03:11 - 41.510 ESSENTIALLY THE
03:11 - 46.210 3RD APPOINTING AUTHORITY FOR
03:11 - 46.950 THE POLICE DEPARTMENT,
03:11 - 48.630 I'M GETTING RIGHT TO
03:11 - 50.810 ESSENTIALLY SET UP HIS OWN FORM
03:11 - 53.010 OF OF EXTRA CONTRACTUAL
03:11 - 55.020 DISCIPLINES AND THEN AND THAT
03:11 - 56.570 INFORMATION OVER SO
03:11 - 59.540 TO WORK. I THINK IT IS AN
03:12 - 01.960 AND YOU HEAR AT THE END OF YOUR
03:12 - 04.710 IS AN INTERESTING UNDERSTANDING
03:12 - 05.350 OF UH.
03:12 - 08.010 >>BRADY MATERIAL ON PERHAPS A.
03:12 - 10.840 HERE OPPOSING COUNCIL CAN
03:12 - 12.690 ADDRESS IT BECAUSE IT FOUND
03:12 - 14.220 LIKE THE ATTORNEY GENERAL'S
03:12 - 14.740 PROBE WILL
03:12 - 17.150 ACT QUICKLY COLLECTING WHAT
03:12 - 19.180 MIGHT BE BRADY MATERIAL IN
03:12 - 26.870 IT DOES SEEM A
03:12 - 30.770 OUT THERE RIGHT
03:12 - 32.890 >>THAT'S WHAT WE THINK YOU'RE
03:12 - 36.220 ON. MR.
03:12 - 39.610 >>RICHARD.
03:12 - 45.300 >>CORRECT THAT'S THE SECOND
03:12 - 47.040 AMENDED COMPLAINT BECAUSE THE
03:12 - 48.280 CONSTITUTION PREEMPTS
03:12 - 50.060 THE CLAIMS THERE'S A
03:12 - 51.720 CONTROLLING PENNSYLVANIA LAW
03:12 - 54.010 ALSO BARS ANY OF THE CLAIMS IN
03:12 - 54.740 THE SETBACK.
03:12 - 57.220 >>WE DON'T GET A LOT OF
03:12 - 58.830 CRIMINAL CASES AND HOW MORAL
03:12 - 00.400 COURT OR AD
03:13 - 03.940 REQUIRES BE THE PROSECUTION TO
03:13 - 05.560 THAT ALL THE INFORMATION THAT
03:13 - 08.010 IT KNOWS. AND IT'S CALLED THE
03:13 - 11.480 OPEN TORY BUT DOESN'T ACTUALLY
03:13 - 13.390 REQUIRE THE DISTRICT ATTORNEYS
03:13 - 15.050 TO GO OUT AND MAKE
03:13 - 19.130 HAHA A CUP TO COMPILE THE WELL
03:13 - 20.790 IT'S CALLED THE TORY MATERIAL.
03:13 - 23.460 >>IT DOES JUDGE SO SO REMEMBER
03:13 - 24.820 THAT MEANT UNDER BRADY
03:13 - 27.860 THE UNITED STATES SUPREME COURT
03:13 - 29.340 DECISIONS IN KYLE'S.
03:13 - 33.260 SOUTER WROTE IT THAT THE
03:13 - 35.140 OBLIGATIONS UNDER BRADY AND
03:13 - 36.670 UNDER GIGGLY OUR TO OUR
03:13 - 38.570 SELF EXECUTING AND THEY'RE ALSO
03:13 - 40.290 SELF EXECUTING AS A AS A MATTER
03:13 - 41.380 OF PENNSYLVANIA LAW.
03:13 - 43.620 SO UNDER KYLE, IT'S TIME TO BE
03:13 - 45.270 FELT EXECUTING BUT IT ACTUALLY
03:13 - 47.050 MEAN CONDUCT AN INVESTIGATION
03:13 - 48.430 UNDER THE WEAKNESSES OF YOUR
03:13 - 48.840 CASE.
03:13 - 50.070 >>AND THAT'S WRITING THE
03:13 - 51.340 WEAKNESSES OF YOUR OWN
03:13 - 52.950 WITNESSES. WELL THAT'S WHY
03:13 - 54.330 KYLE'S IS SO IMPORTANT.
03:13 - 56.200 >>SO IN THE IN THE KYLE'S CASE
03:13 - 57.970 THE UNITED STATES SUPREME COURT
03:13 - 58.810 HELD THAT.
03:14 - 03.450 IT IT'S NOT JUST PRUDENT.
03:14 - 06.130 BUT REQUIRED OF
03:14 - 07.640 PROSECUTORS TO
03:14 - 12.780 CREATE PROCEDURES IN ORDER
03:14 - 14.760 MAKE THEMSELVES
03:14 - 16.390 AWARE OF INFORMATION THAT ARE
03:14 - 18.720 IN POLICE FILES BECAUSE AS A
03:14 - 20.540 MATTER OF A FEDERAL
03:14 - 22.690 CONSTITUTIONAL LAW. THE
03:14 - 24.430 PROSECUTORS ACTUALLY CHARGED
03:14 - 25.740 WITH KNOWLEDGE OF WHAT'S IN
03:14 - 27.740 THOSE FILES. SO THERE'S A
03:14 - 31.170 THERE'S A. THE TWO-STAGE
03:14 - 34.100 IN CURRY IN THE WATER LATTER IS
03:14 - 35.750 THE RICH ARE RICHER TO COME UP
03:14 - 37.260 AND YOU CAN CHARGE TO WITH WHAT
03:14 - 37.850 FILES.
03:14 - 39.470 >>PERSONNEL
03:14 - 41.960 FILE PERSONNEL FOUND SO SO I
03:14 - 43.340 DON'T THINK YOU CAN USE A NEW
03:14 - 44.790 CASE REALLY SPECIFIC WE TALK
03:14 - 46.190 ABOUT PERSONNEL FILE.
03:14 - 48.500 >>THEY TALK ABOUT FILES THAT
03:14 - 50.960 ARE IN THE POSSESSION OF THE
03:14 - 52.620 POLICE AND FELL AND AND OTHER
03:14 - 52.820 LAW
03:14 - 54.650 ENFORCEMENT AGENCIES IT'S ABOUT
03:14 - 56.050 THE ACTUAL INVESTIGATIVE
03:14 - 57.180 CRIMINAL FILE FOR THE
03:14 - 58.130 PARTICULAR CASE
03:14 - 00.700 OF ISSUE. IT'S ANY SCOPE OF
03:15 - 02.080 TORY WORK OR POTENTIALLY
03:15 - 03.060 IMPEACHING EVIDENCE.
03:15 - 05.150 >>YES, BUT BUT THE FACT OF THE
03:15 - 07.170 MATTER IS MOST POLICE MOST
03:15 - 07.650 GOVERNMENT
03:15 - 08.810 EMPLOYEES DON'T.
03:15 - 11.460 >>HAVE THEIR OWN PERSONNEL FILE
03:15 - 11.670 IN
03:15 - 14.140 THEIR POSSESSION. I WOULD GIVEN
03:15 - 16.760 CERTAIN INCOME SOME CASES THAT
03:15 - 18.850 PERSONNEL FILES EVEN KEPT AWAY
03:15 - 20.130 FROM THE GOVERNMENT EMPLOY.
03:15 - 21.920 >>AND JUDGE THAT'S WHY IT'S
03:15 - 23.170 IMPORTANT TO TALK ABOUT WHAT'S
03:15 - 24.520 REALLY AT ISSUE HERE. SO
03:15 - 26.460 THAT THAT SECOND AMENDED
03:15 - 28.050 COMPLAINT KIND OF AIDES IN
03:15 - 29.300 BROAD STROKES ABOUT
03:15 - 31.610 PERSONNEL FILES BUT IT'S REALLY
03:15 - 33.290 IMPORTANT TO LOOK AT THE ACTUAL
03:15 - 34.690 ALLEGATIONS IN THE SECOND
03:15 - 36.160 AMENDED COMPLAINT AND IN THE
03:15 - 38.000 ATTACHMENTS WHICH ARE ALL IN
03:15 - 39.500 WAR WITH THE CONCLUSIONS THAT
03:15 - 40.400 WERE REACHED IN THE SECOND
03:15 - 41.890 AMENDED COMPLAINT. SO IF YOU
03:15 - 44.990 TAKE A LOOK AT PARAGRAPH 100 OF
03:15 - 46.320 THE SECOND AMENDED COMPLAINT
03:15 - 50.970 PAGE 26 OF OF THE RECORD IN IN
03:15 - 51.900 A LISTS,
03:15 - 54.660 THE PROTOCOL THAT WAS IN THE
03:15 - 57.530 HANDS OF THAT THE PLANES BEFORE
03:15 - 59.390 THEY FILED THE CASE AND TALKS
03:15 - 02.280 ABOUT THAT KINDS OF INFORMATION
03:16 - 04.070 THAT DISTRICT ATTORNEYS IS
03:16 - 05.690 REVIEWING IN THE OBLIGATION
03:16 - 07.680 OF THE DISTRICT ATTORNEY'S
03:16 - 09.590 UNDER BRADY AND UNDER GET LEO.
03:16 - 12.270 IT IS TO ASSESS INFORMATION
03:16 - 13.570 WHEN IT REACHES THE POINT OF
03:16 - 16.050 MATERIALITY AND UNTIL THEN
03:16 - 17.920 AFFIRMATIVELY PROVIDE THAT
03:16 - 21.350 INFORMATION CRIMINAL DEFENDANTS
03:16 - 22.440 WHETHER IT'S IT'S IT'S
03:16 - 24.600 EXCULPATORY OR POTENTIAL IN
03:16 - 25.790 IMPEACHMENT EVANS.
03:16 - 27.420 >>SO THAT HE'S GOING ALL ITS
03:16 - 29.210 COUNCIL ALL THE INFORMATION
03:16 - 31.930 WOULD BE THE REVEAL OR
03:16 - 34.490 JUST WHAT IS DISCERNED TO BE
03:16 - 35.880 ITS CULTURE
03:16 - 39.980 AND YEAH. AHEAD OF THESE COSTS
03:16 - 41.230 FOR THE
03:16 - 45.010 EVALUATION. FOR THE PURPOSE OF
03:16 - 45.950 TURNING THEM OVER AS
03:16 - 47.890 EXCULPATORY EVIDENCE IS OUT
03:16 - 49.710 ANYBODY WISHES.
03:16 - 51.590 >>AND THAT'S A REALLY IMPORTANT
03:16 - 53.000 QUESTION JUDGE BECAUSE ITS OF
03:16 - 54.430 ITS FOR EVALUATIONS OF THE
03:16 - 56.410 OBLIGATION ON THE DISTRICT
03:16 - 58.300 ATTORNEYS, BUT LIKE ANY OTHER
03:16 - 59.880 LAWYER IN ANY OTHER CASE WHERE
03:16 - 01.020 THERE'S AN AFFIRMATIVE
03:17 - 02.800 DISCLOSURE OBLIGATION TO
03:17 - 04.380 EVALUATE THE INFORMATION THAT
03:17 - 05.890 THAT NEEDS TO BE THIS CLOSE.
03:17 - 07.220 SO WHAT'S HAPPENING HERE
03:17 - 08.120 AND WHAT.
03:17 - 10.460 >>THEY SAY HE WOULD ASK FOR ANY
03:17 - 11.540 INFORMATION THAT COULD BE
03:17 - 12.560 EXCULPATORY.
03:17 - 14.910 IS IT REALLY UP TO YOU
03:17 - 16.200 TO THAT THAT OFFICE TO
03:17 - 17.500 DETERMINE WHETHER IT IS OR
03:17 - 19.110 DIDN'T DISCLOSE IT IN A LOUD
03:17 - 21.930 THAT THE ACCUSED TO HAVE THE
03:17 - 23.880 BENEFIT OF THAT INFORMATION IN
03:17 - 24.890 OTHER WORDS COLLECTING
03:17 - 26.070 INFORMATION AND NOW YOU.
03:17 - 29.490 YOU'RE GOING TO BE THE ARBITER
03:17 - 31.450 OF WHAT IS EXCULPATORY AT THAT
03:17 - 32.950 POINT IF YOU'VE COLLECTED FOR
03:17 - 34.460 THE PURPOSE OF THAT'S GOT THE
03:17 - 37.360 TORY. THE INFORMATION WHY WOULD
03:17 - 38.970 YOU HOLD ON TO IT AT ALL.
03:17 - 42.130 THIS ONE QUESTION MY SECOND
03:17 - 44.860 QUESTION IS IF YOU DO REVIEW IT
03:17 - 46.510 AND HOW DO YOU.
03:17 - 50.600 HOW DO YOU DISTINGUISH BETWEEN
03:17 - 52.820 THOSE CASES IN BEFORE US THAT
03:17 - 55.810 ARE. HAVE ALREADY BEEN
03:17 - 59.090 ADJUDICATED. IN FAVOR OF
03:17 - 00.150 THE OFFICERS.
03:18 - 00.790 THANK YOU.
03:18 - 03.780 >>SO I THINK THAT THAT'S WHERE
03:18 - 04.740 IT GETS TO THE HEART OF THE
03:18 - 06.610 ISSUE HERE. SO THE OBLIGATION
03:18 - 07.970 ON THE PROSECUTOR IS TO
03:18 - 10.640 AFFIRMATIVELY DISCLOSE WHAT IN
03:18 - 12.830 THE PROSECUTOR'S JUDGMENT IS
03:18 - 14.940 POTENTIAL POTENTIAL. IT'S GOT
03:18 - 16.760 THE TORY OR IMPEACHMENT AT IN
03:18 - 18.480 THAT THE GUIDANCE TO UNITED
03:18 - 20.740 STATES SUPREME COURT. IT IS
03:18 - 20.980 TOUGH
03:18 - 23.740 OVER DISCLOSE THEY TOOK IT TO
03:18 - 25.580 NOT TALK TOO CLOSE TO THE WIN.
03:18 - 27.660 ERR ON THE SIDE OF BEING OVER
03:18 - 29.560 INCLUDES AND
03:18 - 32.400 THE MECHANISM THAT ARE
03:18 - 33.270 PROVIDED.
03:18 - 35.780 UNDER PENNSYLVANIA LAW AND A
03:18 - 38.210 RULE 5.73 OF THE RULES OF
03:18 - 40.850 CRIMINAL PROCEDURE REALLY SPEAK
03:18 - 43.310 TO THE ISSUE IN THIS CASE SO
03:18 - 45.000 UNDER THAT RULE THERE WAS AN
03:18 - 46.440 AFFIRMATIVE DISCLOSURE
03:18 - 49.530 OBLIGATION AND UNDER RULE 3.8
03:18 - 50.470 OF THE RULES OF PROFESSIONAL
03:18 - 52.540 CONDUCT ON THE PROSECUTOR TO
03:18 - 54.230 MAKE THE DISCLOSURES THAT THE
03:18 - 56.040 PROSECUTOR WITH INFORMATION.
03:18 - 58.300 HE'S CHARGED WITH KNOWING NEEDS
03:18 - 00.250 TO SOME. NOW OF COURSE THEY'RE
03:19 - 03.240 GOING IT'S ANY CASE AS THE
03:19 - 05.280 PROSECUTOR HAS CHARGED WITH
03:19 - 06.940 KNOWING THE PERSON NOW.
03:19 - 11.160 >>YES, 3 OF A. AN OFFICER.
03:19 - 14.550 >>SO IT I'M A MOTHER OR DO THEY
03:19 - 16.560 DOES THE PROSECUTOR HAVE TO NOW
03:19 - 17.350 HAVE THE.
03:19 - 19.320 >>OFFICER OF THE PACK
03:19 - 22.360 >>WOW HOW MUCH ARE THEY
03:19 - 23.580 SUPPOSED TO NOW AM.
03:19 - 26.860 THE DISTRICT ATTORNEY'S AT THE
03:19 - 29.260 SAME PAIN PERSONNEL FILE RIGHT
03:19 - 32.770 >>THAT DENSE RAIN JUDGE SO THAT
03:19 - 33.640 THE OBLIGATION ON THE
03:19 - 35.030 PROSECUTOR AS A MATTER OF
03:19 - 37.570 CONSTITUTIONAL LAW. IT IS.
03:19 - 39.980 HE'S CHARGED WITH KNOWLEDGE
03:19 - 42.490 OF OF THE WHAT'S IN THE FILES
03:19 - 44.460 OF THE INVESTIGATORY AGENCIES
03:19 - 45.600 AND WHATEVER THAT IS IN THE
03:19 - 47.770 NATURE OF IT'S GOT THE TORY OR
03:19 - 49.760 IMPEACHMENT EVANS. SO IMAGINE A
03:19 - 51.690 SCENARIO WHERE THERE
03:19 - 55.510 >>SOME PIECE OF MATERIAL THAT
03:19 - 58.480 IS IS NOT DISCLOSE.
03:19 - 00.590 AND A
03:20 - 02.620 CLOSED TRIAL. THE COURT IS
03:20 - 04.190 GOING TO LOOK AT WHETHER THERE
03:20 - 05.700 IS HAS BEEN A FAILURE TO
03:20 - 06.560 DISCLOSE.
03:20 - 08.380 >>IRRESPECTIVE OF THE GOOD OR
03:20 - 09.820 BAD FAITH OF OF OF
03:20 - 12.410 THE PROSECUTIONS SO THAT THE
03:20 - 13.930 SUPERIOR COURT DEALT WITH A
03:20 - 15.850 VERY SIMILAR ISSUE IN THE AREAS
03:20 - 17.070 CASE AND THAT GAYS
03:20 - 19.450 THE COURT FOUND THAT THERE
03:20 - 21.180 REALLY IS NO PRIVILEGE.
03:20 - 23.400 THAT PROTECTS
03:20 - 27.050 THE AVAILABILITY OF INFORMATION
03:20 - 29.000 AND PERSONNEL FILES WHO ARE IN
03:20 - 30.920 A IN POLICE FILES FROM THE
03:20 - 31.760 PROSECUTOR
03:20 - 34.000 AND CONSISTENT WITH THE
03:20 - 35.350 DECISION IN UNITED STATES
03:20 - 36.370 VERSUS ACTORS FROM THE
03:20 - 38.650 SUPREME COURT. THERE'S REALLY
03:20 - 40.300 KIND OF A TWO-STATE COUNTRY
03:20 - 42.010 FIRST IS WHAT IN THE
03:20 - 46.540 JUDGMENT NEEDS TO BE DISCLOSED
03:20 - 48.910 AS A MATTER OF THE FILLING HIS
03:20 - 51.800 9 LEVEL. SENSITIVE
03:20 - 54.710 CONSTITUTIONAL OBLIGATIONS THAT
03:20 - 57.780 THAT'S THE GUIDANCE IN THAT
03:20 - 59.750 SITUATION IS TO OVER DISCLOSE
03:20 - 02.580 TO TO MAKE SURE THAT ANYTHING
03:21 - 03.100 THAT COULD
03:21 - 05.770 BE EXCULPATORY IS EXPLOSIVE AND
03:21 - 07.190 DISCLOSED AND MICHEL RICHARD I
03:21 - 08.640 THINK WE'VE ALL READ WE'VE ALL
03:21 - 09.820 READ THE BRIEFS AND I THINK WE
03:21 - 11.400 UNDERSTAND THE BROAD DISCRETION
03:21 - 12.750 OF THE BOARD TO THE PROSECUTOR
03:21 - 14.190 UNDER BRADY TO DETERMINE WHAT
03:21 - 15.430 IS AND IS NOT THE SKULL THAT
03:21 - 16.710 ORDER POTENTIALLY EXCULPATORY
03:21 - 17.850 EVIDENCE I UNDERSTAND.
03:21 - 20.670 >>I THINK OUR PORTS OR THAT
03:21 - 21.640 PEOPLE ARE FROM THE JUDGES ARE
03:21 - 22.010 MUCH
03:21 - 22.850 MORE DIRECT.
03:21 - 24.760 >>IS IT THE DISTRICT ATTORNEY'S
03:21 - 27.960 POSITION THAT A MISCONDUCT
03:21 - 30.100 INVESTIGATION THAT YIELDED.
03:21 - 32.790 AN EXONERATION FOR POLICE
03:21 - 34.620 OFFICER IS THE GOP'S TORY, A
03:21 - 35.600 CRIMINAL CHARGE.
03:21 - 37.830 >>AND I THINK JUDGE TO THE
03:21 - 39.090 QUESTION IS WHETHER YOU CAN
03:21 - 40.710 MAKE THAT DETERMINATION BEFORE
03:21 - 42.220 THE 2 THERE'S OUT MY QUESTION
03:21 - 43.600 IS WHAT MY QUESTION WAS MY
03:21 - 44.820 QUESTION IS IS THE DISTRICT
03:21 - 46.010 ATTORNEY'S POSITION.
03:21 - 48.060 >>THAT IS AN INTERNAL
03:21 - 49.960 INVESTIGATION THAT BASED ON A
03:21 - 51.960 COMPLAINT TO RESULT IN
03:21 - 55.250 AN EXONERATION IS EXCULPATORY
03:21 - 56.410 EVIDENCE THAT HAVE TO BE
03:21 - 57.030 DISCLOSED.
03:21 - 59.540 >>THE THAT THE POSITION IS AND
03:21 - 01.290 ITS POTENTIAL THE DISCO
03:22 - 02.850 EXCULPATORY EVIDENCE THAT HAS
03:22 - 02.930 TO
03:22 - 04.870 BE DISCLOSED. BUT DISCLOSURE
03:22 - 05.270 DOESN'T
03:22 - 07.550 EQUAL ADMISSIBILITY SO THE
03:22 - 08.690 MIRROR I UNDERSTAND THAT BUT
03:22 - 10.120 HOW IS HOW IS THE POTENTIALLY
03:22 - 11.410 EXCULPATORY IF THE
03:22 - 13.520 INVESTIGATION HAPPENED AND THE
03:22 - 14.310 POLICE OFFICER
03:22 - 15.140 WAS EXONERATED.
03:22 - 18.060 >>SO LET'S LOOK AT AT AT SOME
03:22 - 18.790 OF THE THAT.
03:22 - 21.390 CHARGES THAT ARE IS AN ISSUE
03:22 - 24.050 WITH THE POLICE IN THIS CASE SO
03:22 - 25.100 YOU'RE TALKING ABOUT.
03:22 - 27.780 CLAIMS OF LOUSVILLE.
03:22 - 30.000 >>THIS IS ASSUMING OF COURSE
03:22 - 31.270 THAT THE INVESTIGATION WAS
03:22 - 32.390 PROPERLY DONE RIGHT.
03:22 - 33.190 >>THAT
03:22 - 35.480 THAT'S CORRECT. OK JUST BECAUSE
03:22 - 36.720 THE PERSON WAS THE OFFICER WAS
03:22 - 38.310 CLEARED DOESN'T MEAN THAT THERE
03:22 - 39.130 MIGHT NOT BE
03:22 - 41.270 IMPORTANT EVIDENCE OR HISTORY
03:22 - 42.420 THAT NEEDS TO BE LOOKED AT
03:22 - 44.030 THAT THAT'S ABSOLUTELY RIGHT
03:22 - 45.620 JUDGE AND AND THAT'S WHAT THE
03:22 - 47.190 3RD CIRCUIT WROTE IN A.
03:22 - 48.000 >>IN THE BAKKE
03:22 - 50.260 TALKED ABOUT WHY ARE YOU
03:22 - 51.580 DISCLOSE ITS SEARCH FOR EXAMPLE
03:22 - 52.880 NEXT DAY, THE POLICE MISTER IT
03:22 - 54.750 BUT THEY BUT I COMPLETELY AGREE
03:22 - 55.820 WITH THAT BACK IT WAS A POINT I
03:22 - 57.080 MADE PREVIOUSLY WHAT I'M TRYING
03:22 - 58.730 TO UNDERSTAND IS ARE YOU JUST
03:22 - 59.740 CLOSING.
03:23 - 01.210 >>IT'S GOING TO JUDGE BECAUSE
03:23 - 01.720 QUESTION HE
03:23 - 03.210 DIDN'T ANSWER WHO HAVE THEY
03:23 - 05.370 HAVE POLICE OFFICER HAD 5
03:23 - 07.080 INSTANCES OF MISCONDUCT IN THE
03:23 - 08.280 RECORD NONE OF WHICH WERE
03:23 - 10.240 ADJUDICATED TO BE IN TO
03:23 - 12.110 FOUNDED.
03:23 - 15.670 >>THE ARE YOU DISCLOSING ALL OF
03:23 - 17.480 THOSE EVEN IF THAT NUMBER, BUT
03:23 - 19.240 THE ONE WITH THE WOOD LATE TO
03:23 - 21.320 WORK. SO LET'S TAKE ANOTHER ONE
03:23 - 22.420 WAS HE HAD
03:23 - 23.690 COFFEE WHEN HE SHOULDN'T BE
03:23 - 25.470 HAVING COFFEE ARE YOU PUTTING
03:23 - 26.580 ALL OF THOSE YOU.
03:23 - 28.300 >>NO JUDGE AND THAT'S WHY IT'S
03:23 - 29.460 REALLY IMPORTANT TO LOOK AT
03:23 - 32.410 THERE ARE 100 THE COMPLAINT
03:23 - 34.170 EXHIBIT ALREADY AN EXODUS.
03:23 - 36.850 THE COST THAT'S THE CAREFULLY
03:23 - 39.260 CRAFTED PROTOCOL THAT FOCUSES
03:23 - 40.920 ON THE KINDS OF INFORMATION.
03:23 - 42.780 THE DISTRICT ATTORNEY'S LOOKING
03:23 - 44.960 FOR THAT REALLY GO TO THE HEART
03:23 - 48.060 OF THE RELIABILITY OF THAT THE
03:23 - 49.640 JUDICIAL PROCESS, IT'S NOT JUST
03:23 - 51.360 NEAR LATENESS IT'S THINGS
03:23 - 53.940 MISREPRESENTATION OR FAILURE TO
03:23 - 55.910 DISCLOSE A MATERIAL FACT AND
03:23 - 58.090 TRUTHFULNESS OR DECEPTION WHAT
03:23 - 59.560 ARE THE FACTS AND REPORT.
03:23 - 01.560 SO IT'S IT'S THOSE KINDS OF
03:24 - 03.620 PIECES OF INFORMATION DURING
03:24 - 04.650 THAT TIME ANYBODY UP.
03:24 - 06.360 >>IF YOU AGREE MISTER RICHARD
03:24 - 07.610 THAT ANYBODY CAN FILE A
03:24 - 08.690 COMPLAINT AGAINST THE POLICE
03:24 - 09.160 OFFICER.
03:24 - 11.610 >>IN AND
03:24 - 12.900 ANYBODY CAN FILE A COMPLAINT
03:24 - 14.420 AGAINST THE POLICE OFFICER IN
03:24 - 16.500 THE DISCLOSURES THAT ARE MADE
03:24 - 20.070 INCLUDE THE DISPOSITION OF YEAH
03:24 - 21.110 WELL I WANT TO.
03:24 - 22.510 >>I AGREE WITH YOU AND I WANT
03:24 - 23.770 TO ASK YOU A QUESTION ABOUT TO
03:24 - 24.980 31 A ABOUT
03:24 - 28.120 THE RECORD. THE SUPPOSEDLY A
03:24 - 29.090 FORM LETTER
03:24 - 31.570 I BELIEVE THE LETTER THE
03:24 - 32.910 DISTRICT ATTORNEY'S OFFICE IS
03:24 - 35.010 USING TO NOTIFY POLICE OFFICERS
03:24 - 35.990 ABOUT IS THE POTENTIAL
03:24 - 36.810 DISCLOSURES.
03:24 - 38.320 >>THIS IS THE FORMER JUDGE.
03:24 - 40.800 >>OKAY SO I WANT TO ASK YOU
03:24 - 42.070 ABOUT THIS BECAUSE OF IT
03:24 - 43.470 BECAUSE IT CONTRADICTS WHAT
03:24 - 44.720 YOUR WHAT YOU'VE JUST TOLD ME.
03:24 - 46.580 THE
03:24 - 49.050 HAS RECEIVED NEW INFORMATION
03:24 - 50.900 REGARDING US REFLECTED IN THE
03:24 - 51.950 SUMMARY BELOW TO PROVIDE THE
03:24 - 53.530 DAY TODAY SORT OF SUMMER AND
03:24 - 54.730 THEN PROVIDE ACTION.
03:24 - 57.190 >>THE LETTER GOES ON TO SAY
03:24 - 58.460 PURSUANT TO THE LAW AND THE
03:24 - 00.400 POLICY REGARDING POLICE
03:25 - 02.220 MISCONDUCT DISCLOSURES. THE
03:25 - 05.540 >>WE'LL BE DISCLOSED.
03:25 - 09.240 >>IT DOESN'T SAY THIS INCIDENT
03:25 - 10.600 WILL BE THE CLOSER THE
03:25 - 11.360 DISPOSITION WILL
03:25 - 13.870 BE DISCLOSED THAT ACTION COULD
03:25 - 15.440 BE UNFOUNDED BUT THEN YOU
03:25 - 17.310 ACTUALLY TALK WITH MISCONDUCT.
03:25 - 18.890 >>SO HOW DO YOU
03:25 - 21.200 DO THAT. SO JUDGE IF YOU LOOK
03:25 - 23.800 AT THE EXHIBIT S AND TO
03:25 - 26.010 35 A THAT'S THE LETTER THAT
03:25 - 28.120 ACTUALLY WENT THE
03:25 - 30.390 OFFICER CAHILL, AND IT SHOWS IN
03:25 - 31.810 THAT LETTER THAT THE ACTION
03:25 - 34.440 SHOWS DISMISSED AND RE REHIRED
03:25 - 36.760 FOLLOWING THE FEDERAL JURY
03:25 - 37.350 ACQUITTED SO
03:25 - 39.320 THAT THE FOR LIKE I GET IT BUT
03:25 - 40.830 WHAT'S NEXT BUT THE NEXT LINE
03:25 - 42.410 THAT THE MISCONDUCT.
03:25 - 44.110 >>THAT AND THERE WAS A CHARGE
03:25 - 46.110 OF MISCONDUCT THAT APPLIED TO
03:25 - 47.560 THIS OFFICER IN THE DISPOSITION
03:25 - 47.960 IS BEING
03:25 - 49.870 THIS CLOSE. SO THAT ARE YOU
03:25 - 50.840 WHEN YOU SEND THESE LOWS.
03:25 - 52.000 THE DEFENSE ATTORNEYS ARE YOU
03:25 - 53.810 REFERRING TO THE PRESIDENT SAYS
03:25 - 55.160 THAT MISCONDUCT.
03:25 - 58.200 I I'M NOT AWARE OF WHAT THE
03:25 - 59.130 DISCLOSURES
03:26 - 02.080 AS THEY ARE MADE IT'S USUALLY
03:26 - 03.440 JUST A PRODUCTION OF IN OF
03:26 - 05.080 INFORMATION JUST
03:26 - 08.730 I HAD FINISHED MY QUESTION IS
03:26 - 10.400 THAT THERE'S A SELF EXECUTING
03:26 - 11.910 OBLIGATION UNDER BRADY TO
03:26 - 12.310 PRODUCE
03:26 - 13.860 THE INFORMATION. SO LIKE ANY
03:26 - 16.400 DISCLOSURE IN ANY DISCOVERY
03:26 - 18.420 CASE, THE INFORMATION IS TURNED
03:26 - 19.260 OVER INCLUDING THE
03:26 - 20.040 DISPOSITIONS.
03:26 - 22.940 >>AND THIS YEAR'S IS THERE A NO
03:26 - 25.710 CALL LIST IT FORMS. 3, 8, TIMES
03:26 - 27.070 ALREADY HAVE IS THERE. NO CALL.
03:26 - 28.260 AND IF THERE
03:26 - 30.360 ISN'T THAT A VIOLATION OF THE
03:26 - 31.910 STATE'S TOP TORY EVIDENCE WILL.
03:26 - 33.950 >>NO THEY'RE DOING THERE IS A
03:26 - 35.750 NO CALL LIST THE COST TO THAT
03:26 - 37.390 AS THE LETTER SHOW.
03:26 - 40.480 AN EFFORT BY THE DISTRICT
03:26 - 42.410 ATTORNEYS TO CONSTRUCT
03:26 - 44.330 PROCEDURES CONSISTENT WITH HIS
03:26 - 45.890 CONSTITUTIONAL OBLIGATIONS TO
03:26 - 48.330 ASSEMBLE. INTENTIONALLY
03:26 - 50.550 EXCULPATORY INFORMATION THAT
03:26 - 52.200 WILL BE DISCLOSED IF SOMEONE IS
03:26 - 54.790 CALLED AS A AS A HOW DO WE
03:26 - 56.890 DETERMINE WHETHER THERE IS OR
03:26 - 57.600 IS NOT.
03:26 - 59.750 >>I KNOW CALL A WITHOUT A
03:26 - 01.760 RECORD WITHOUT ANY HEARING WANT
03:27 - 02.980 TO EVER WHAT I'M HEARING
03:27 - 04.560 SUMMARY JUDGMENT.
03:27 - 07.210 >>I THINK IT BUT BY LOOKING AT
03:27 - 08.450 THE COMPLAINT ITSELF AND THAT'S
03:27 - 09.650 WHAT THE TRIAL COURT RELIEF
03:27 - 11.770 OUT. SO WHAT THE PLAINTIFFS ARE
03:27 - 13.340 CALLING A DO NOT CALL LIST.
03:27 - 15.580 IT IS AT WAR WITH THE ACTUAL
03:27 - 17.100 ALLEGATIONS OF THE PLANE AND
03:27 - 18.870 THE ACTUAL ATTACHMENTS
03:27 - 20.510 AND JUDGE EVEN IF THERE WERE A
03:27 - 22.300 DO NOT CALL LIST REMEMBER THAT
03:27 - 24.250 OUR SUPREME COURT HAS ALREADY
03:27 - 26.210 HELD. IN THE STATE THAT ITS
03:27 - 28.750 CASE THE
03:27 - 30.480 PALERMO CASE THAT IT'S
03:27 - 32.080 ENTIRELY WITHIN THE DISTRICT
03:27 - 33.540 COURTS WITHIN THAT DISTRICT
03:27 - 35.590 ATTORNEYS DISCRETION TO CALL
03:27 - 37.460 WITNESSES THAT HE BELIEVES A
03:27 - 39.140 CREDIBLE AND HELPFUL TO THE
03:27 - 41.340 CASE AND THAT POLICE OFFICERS
03:27 - 42.900 DON'T HAVE A ROLE. IN
03:27 - 44.780 THOSE DETERMINATIONS. SO THAT
03:27 - 46.200 THE CRITICAL EYE.
03:27 - 47.730 >>I THINK THAT'S RIGHT BUT
03:27 - 50.000 THAT'S NOT I DON'T THINK THAT'S
03:27 - 51.420 THE NATURE OF THE COMPLAINT,
03:27 - 53.850 THE NATURE OF THE THAT.
03:27 - 56.300 PERSONS WHO HAVE ARE.
03:27 - 58.090 CLEAR
03:27 - 02.300 HISTORY WITH RESPECT COME THAT
03:28 - 05.780 ARE SUFFERING FROM AND HER.
03:28 - 09.460 UNEMPLOYMENT THE DECISION AS A
03:28 - 12.050 RESULT OF THE NO CALL LEFT.
03:28 - 13.700 WHATEVER YOU WANT TO CALL IT.
03:28 - 16.640 I WOULD'VE. I KNOW ONE
03:28 - 18.900 THING WHAT THE PROSECUTOR CAN
03:28 - 19.130 OR
03:28 - 20.020 CANNOT DO.
03:28 - 22.070 >>JUDGE I THINK IT AT BOTTOM
03:28 - 22.960 THAT'S REALLY WHAT THE
03:28 - 24.420 COMPLAINT IS ABOUT WHEN WHEN
03:28 - 25.700 MISTER KENNEY WAS SPEAKING HE
03:28 - 26.680 SPOKE A LOT ABOUT WHAT
03:28 - 29.400 HE BELIEVES TO BE IS GREAT THAT
03:28 - 30.780 BRADY MATERIAL OR GET LEON THAT
03:28 - 32.430 AERIAL AND THAT'S NOT THE
03:28 - 33.820 STANDARD. THERE'S NO CASE AND
03:28 - 36.540 IS NOW THAT THE POLICE HAVE ANY
03:28 - 37.480 ROLE IN
03:28 - 39.200 MAKING THAT DETERMINATION.
03:28 - 41.880 IT'S A NON ELIGIBLE. OBLIGATION
03:28 - 42.930 OF THE PROSECUTOR
03:28 - 44.660 TO MAKES TAX INCENTIVE
03:28 - 46.000 DETERMINATIONS WHEN THE WHEN
03:28 - 47.880 THE MATERIALITY IS READS AND
03:28 - 49.380 THAT'S WHAT WOODS. WHAT'S
03:28 - 51.020 HAPPENING HERE. USING A
03:28 - 53.220 CAREFULLY CRAFTED PROTOCOL THAT
03:28 - 54.940 THE PLANE OF SPECIFICALLY PLEA
03:28 - 58.400 IN PARAGRAPH 100 AND UNDER THIS
03:28 - 59.120 IS REALLY
03:28 - 01.150 NOTHING MORE THEN A DISPUTE
03:29 - 02.560 ABOUT THE OPERATION OF WILL
03:29 - 04.330 5.73 THE RULES OF CRIMINAL
03:29 - 06.520 PROCEDURE. SO IN AT UNDER THAT
03:29 - 09.230 RULE, THERE'S AN OBLIGATION ON
03:29 - 11.090 THE PROSECUTOR TO DISCLOSE THE
03:29 - 12.640 INFORMATION. IF THERE'S A
03:29 - 14.910 DISPUTE ABOUT WHAT'S BEING
03:29 - 16.370 DISCLOSED THE DEFENDANT CAN
03:29 - 17.850 FILE A MOTION TO GET ADDITIONAL
03:29 - 20.210 INFORMATION. THE COURT AT THAT
03:29 - 22.780 TIME IS IN THE POSITION TO
03:29 - 24.230 DECIDE WHETHER TO ISSUE A
03:29 - 25.760 PROTECTIVE ORDER. THAT'S
03:29 - 27.290 MINUTES, THE DISCLOSURE THAN
03:29 - 29.250 THE TERROR. SO TO THE EXTENT
03:29 - 30.610 AND THERE'S AN ISSUE.
03:29 - 32.410 WHAT IF IF ANY OF THESE
03:29 - 33.860 OFFICERS ARE CALLED AS
03:29 - 35.650 WITNESSES AND THE INFORMATION
03:29 - 37.510 IT DOES IS THIS CLOSE AND
03:29 - 39.470 THERE'S A PRIVACY CONCERN OR
03:29 - 40.760 ANY OTHER CONCERN IT CAN BE
03:29 - 42.560 DEALT WITH AT THE TIME OF
03:29 - 44.700 DISCLOSURE BY THE TRIAL COURT
03:29 - 46.160 DATES DEALING WITH IT BUT UNTIL
03:29 - 48.150 THEN THERE'S REALLY NO WAY TO
03:29 - 50.710 TELL BASED ON THE FACT
03:29 - 52.270 SENSITIVE DETERMINATION SAID
03:29 - 54.120 NEED TO BE MADE. THERE CAN BE A
03:29 - 55.680 BLANKET EXCLUSION FROM
03:29 - 57.620 INFORMATION NOT BEING BRADY
03:29 - 58.800 MATERIAL OR NOT THE BRITAIN
03:29 - 59.070 TERROR.
03:29 - 02.190 >>IS THERE ANY CONSIDERATION IN
03:30 - 04.380 THIS OF THE EFFECT ON
03:30 - 08.310 PRIVACY RIGHTS OR
03:30 - 11.380 EMPLOYMENT RIGHTS. OF THE
03:30 - 12.600 OFFICERS INVOLVED.
03:30 - 15.130 >>AND THAT'S THAT'S WHAT QUITE
03:30 - 16.240 IMPORTANT TO LOOK AT WHAT'S
03:30 - 17.560 WHAT'S BEING DISCLOSED HEAR
03:30 - 19.020 WHAT'S BEING ASKED FOR SO WE'RE
03:30 - 20.090 NOT TALKING ABOUT
03:30 - 21.780 PERSONALLY IDENTIFIABLE
03:30 - 23.710 INFORMATION OR THINGS LIKE THE
03:30 - 25.280 ADDRESS IS IN FACT IF YOU LOOK
03:30 - 26.820 AT EXHIBIT OR IF
03:30 - 29.440 A COMPLAINT. IT'S CLEAR THAT
03:30 - 30.110 THIS DISTRICT
03:30 - 32.000 ATTORNEY'S OFFICE, THE GREEN
03:30 - 33.130 THAT THAT THAT KIND OF
03:30 - 34.140 INFORMATION SHOULD BE
03:30 - 35.880 DISCLOSED. WHEN THERE'S A COURT
03:30 - 37.960 ORDER DISCLOSURE OF THE PRIOR
03:30 - 39.510 DISTRICT ATTORNEYS DO NOT CALL
03:30 - 42.320 IS BUT IN TERMS OF THE THE THE
03:30 - 43.950 PRIVACY INTERESTS HERE.
03:30 - 45.850 YOU NEED TO LOOK AT THIS THE
03:30 - 47.510 SUPERIOR COURT'S DECISION IN
03:30 - 49.590 THE AREAS CASE BECAUSE IN THAT
03:30 - 51.080 CASE SPECIFICALLY ADDRESS THE
03:30 - 52.250 FACT THAT YOU'RE
03:30 - 53.730 TALKING ABOUT THAT
03:30 - 55.750 CONSTITUTIONAL RIGHTS OF A MAN
03:30 - 56.870 ACCUSED UNDER THE FEDERAL
03:30 - 58.500 CONSTITUTION AND UNDER THE
03:30 - 00.910 STATE CONSTITUTION. SO I AM AS
03:31 - 02.780 MILLER IS THAT IF I CAN I KNOW
03:31 - 04.140 WE'RE REALLY STRETCHING TIME
03:31 - 05.390 HERE AND I APOLOGIZE I'M A BIG
03:31 - 06.790 THE PJ'S INDULGENCE BUT THIS IS
03:31 - 06.850 A
03:31 - 07.650 VERY IMPORTANT.
03:31 - 09.000 >>A VERY IMPORTANT CASE ABOUT
03:31 - 10.960 ONLY 4 POLICE OFFICERS BUT FOR
03:31 - 12.440 CRIME NOBODY OVER THE CRIMINAL
03:31 - 14.050 DEFENDANT AND CRIME VICTIMS
03:31 - 14.830 VERY IMPORTANT.
03:31 - 16.650 >>I NEED TO DRAW YOU BACK TO
03:31 - 18.360 THIS LETTER TO 35 A THAT YOU
03:31 - 19.540 POINT YOU REALLY NEED TO
03:31 - 21.490 UNDERSTAND WHAT
03:31 - 23.810 YOU WERE WHAT
03:31 - 24.830 THE DISTRICT ATTORNEY'S OFFICE
03:31 - 26.240 TO DO WITH THIS INFORMATION.
03:31 - 28.430 THIS LETTER IS IS IN SOME
03:31 - 30.240 REGARD MORE AS UTICA.
03:31 - 33.070 BECAUSE IT WASN'T JUST AN
03:31 - 35.020 INTERNAL INVESTIGATION. THIS
03:31 - 37.530 WAS AN ACTUAL A DISMISSAL OF
03:31 - 40.010 CHARGES IN A FEDERAL OKAY IN
03:31 - 41.440 THE FEDERAL CRIMINAL TRIAL.
03:31 - 43.240 BUT YET THE DISTRICT ATTORNEY
03:31 - 45.250 RONNIE. IT'S A DISTURBING TREND
03:31 - 47.540 IN THE LETTER. STILL CALL THAT
03:31 - 48.720 MISCONDUCT.
03:31 - 52.120 >>JUDGE IS HOW ABOUT HOW ABOUT
03:31 - 53.370 HOW IS THAT POSSIBLE.
03:31 - 55.810 BECAUSE THEY THINK THAT IS A
03:31 - 57.310 DETERMINATION BY THE DISTRICT
03:31 - 58.720 ATTORNEYS THAT THIS IS THE KIND
03:31 - 00.110 OF INFORMATION THAT NEEDS TO BE
03:32 - 00.840 THIS CLOSE.
03:32 - 02.320 >>THERE WAS AN ALLEGATION THAT
03:32 - 03.870 I KNOW, BUT IF YOU'RE NOT
03:32 - 04.900 SAYING THAT YOU'RE SAYING IT
03:32 - 06.760 MAKE IT ALSO REQUIRED BY LAW TO
03:32 - 08.240 PUTTING DOCTOR AND A SHERPA TO
03:32 - 08.870 OUR POSITION
03:32 - 10.700 REGARDING MISCONDUCT.
03:32 - 12.730 >>WHERE IS THE INTERNET WHERE
03:32 - 14.140 THE PROFITS WITH THE DISTRICT
03:32 - 16.060 ATTORNEY'S BEFORE DISCLOSING
03:32 - 17.680 THIS BRADY MATERIAL BASED ON
03:32 - 18.410 THIS LETTER.
03:32 - 20.640 >>FOR ALLOWING SOME SORT OF AN
03:32 - 22.250 ADJUDICATION ARE SOME PORTS
03:32 - 22.490 PART OF
03:32 - 26.740 DUE PROCESS DEBT TURNED
03:32 - 27.990 SOMETHING THAT WAS DEEMED
03:32 - 30.330 NOT MISCONDUCT INTO WHAT THE
03:32 - 31.430 DISTRICT ATTORNEY'S OFFICE JUST
03:32 - 32.580 THAT WE KNOW WHAT THE FEDERAL
03:32 - 34.460 DISTRICT COURT DID WE KNOW WHAT
03:32 - 35.680 THE COURT IN BUCKS COUNTY DID
03:32 - 36.380 WE KNOW WHAT THE COURT IN
03:32 - 38.680 PHILADELPHIA DID A BUT EVEN
03:32 - 39.760 THOUGH THE SUPREME COURT BUT
03:32 - 40.660 WE'RE STILL CALLING A
03:32 - 42.100 MISCONDUCT AND WE'RE SORT OF
03:32 - 42.460 CLOTHING
03:32 - 43.100 UNDER BRADY.
03:32 - 45.350 >>SO JUDGE THERE'S NO CASE IS
03:32 - 47.260 EVER HELD THAT THAT BEFORE
03:32 - 49.300 BUT THE DISTRICT ATTORNEY'S
03:32 - 50.570 OVER MATERIAL UNDER BRADY,
03:32 - 53.450 THERE HAS TO BE HEARING OR ANY
03:32 - 54.790 NOTICE BUT NOTICE TO THE
03:32 - 56.810 POLICE. SO THIS IS EVEN GOING
03:32 - 58.900 BEYOND WHAT WHAT WHAT WOULD BE
03:32 - 00.570 REQUIRED UNDER THE LAW. BUT
03:33 - 02.680 REMEMBER THAT IT'S STILL FACT
03:33 - 04.840 SENSITIVE DETERMINATIONS THAT
03:33 - 06.980 THE DA HAS TO REACH TO OVER
03:33 - 08.510 DISCLOSE POTENTIALLY
03:33 - 10.930 EXCULPATORY AN IMPEACHMENT
03:33 - 12.540 MATERIAL. SO THAT'S WHY I'M
03:33 - 14.390 HERE AREA SAYS IS SO IMPORTANT.
03:33 - 16.600 >>IS THE NEXT TO THEM.
03:33 - 19.060 >>WHETHER THEY SHOULD JUST
03:33 - 23.870 AN IN CAMERA VIEW THE MATERIAL
03:33 - 25.910 WHEN EXCLUDING THE EXCLUDED THE
03:33 - 26.410 DEFENSE.
03:33 - 29.400 AND IT STRESSED THE IMPORTANCE
03:33 - 30.890 PARTICULARLY GIVEN THE RIGHT OF
03:33 - 33.130 KIND OF CONFRONTATION. UNDER
03:33 - 34.640 PENNSYLVANIA, CONSTITUTIONAL
03:33 - 37.620 LAW ATTACHING PRE TRIAL FOR THE
03:33 - 39.340 DEFENSE TO BE ABLE TO LOOK AT
03:33 - 40.800 THE MATERIAL AND TO MAKE
03:33 - 42.360 DETERMINATIONS ABOUT WHETHER IT
03:33 - 44.080 WAS EXCULPATORY AN IMPEACHMENT.
03:33 - 45.640 SO IT'S IT'S EASY
03:33 - 48.390 TO SEE HOW IS IN AT NO CHARGE
03:33 - 50.670 LIKE THIS ON TO 35 WHERE THERE
03:33 - 53.640 WAS A CHARGE OF FOR
03:33 - 55.430 AN INVESTIGATION THAT IS
03:33 - 57.040 SKILLED DEFENSE LAWYER ON CROSS
03:33 - 58.880 EXAMINATION. WE WANT TO USE
03:33 - 01.020 THAT INFORMATION WHETHER IT'S
03:34 - 01.850 IN MISERABLE.
03:34 - 04.100 >>IT IS A
03:34 - 06.420 DIFFERENT ISSUE IN JUST BY
03:34 - 08.520 TURNING THE INFORMATION OVER AN
03:34 - 10.490 END AND THE AGGIES CASE FROM
03:34 - 11.720 THE SUPREME COURT MAKES THAT
03:34 - 14.180 CLEAR IS NOT A CONCESSION ON
03:34 - 15.910 ADMISSIBILITY BUT WHAT IS
03:34 - 18.510 IMPORTANT IS THE OBLIGATION
03:34 - 20.970 FREE TRIAL. THAT ATTACHES IN A
03:34 - 23.220 SELF EXECUTING WAY AS A
03:34 - 24.830 MATTER OF FEDERAL
03:34 - 26.980 CONSTITUTIONAL LAW AS A MATTER
03:34 - 28.670 OF STATE CONSTITUTIONAL LAW
03:34 - 31.010 STATE CRIMINAL PROCEDURE, AND
03:34 - 32.750 THE ETHICAL OBLIGATIONS OF THE
03:34 - 35.820 PROSECUTOR AF TO BE DISCLOSE TO
03:34 - 37.280 THE DEFENSE TO DETERMINE.
03:34 - 39.710 FOR THE DEFENSE TO DETERMINE
03:34 - 42.010 WHETHER IT'S IMPEACHMENT OR
03:34 - 44.050 EXCULPATORY INFORMATION THAT
03:34 - 45.600 THEY WILL ATTEMPT TO USE.
03:34 - 46.530 NONE OF THIS IS
03:34 - 48.770 A CONCESSION THAT IT'S ACTUALLY
03:34 - 50.490 ADMISSIBLE ACTUALLY USABLE.
03:34 - 53.570 BUT IT'S AN ATTEMPT OKAY
03:34 - 55.230 SERIOUSLY THE CONSTITUTIONAL
03:34 - 57.590 OBLIGATION. TOUGH START TO DO
03:34 - 59.620 RELYING ON LAW ENFORCEMENT
03:34 - 01.730 PARTNERS TO GET THE KINDS OF
03:35 - 03.990 INFORMATION THEY GO TO THAT THE
03:35 - 05.530 RELIABILITY OF THE SYSTEM
03:35 - 06.990 AND YOU'RE RIGHT. I DON'T KNOW
03:35 - 08.640 HOW YOU WOULD BUY MY PROBLEM IS
03:35 - 09.830 I DON'T KNOW HOW YOU WOULD LIKE
03:35 - 11.860 TO ADMIT ABILITY CHALLENGE IF
03:35 - 13.330 SOMEONE HAS A LETTER TO DEFENSE
03:35 - 14.390 COUNSEL HAS A LETTER FROM THE
03:35 - 15.510 DISTRICT ATTORNEY'S OFFICE HAD
03:35 - 15.750 ALREADY
03:35 - 16.830 CALLED MISCONDUCT.
03:35 - 18.490 >>I JUST DON'T KNOW HOW I DON'T
03:35 - 19.610 KNOW HOW THE DA WOULD PLAY THAT
03:35 - 20.650 AND THE ABILITY TO CHALLENGE
03:35 - 23.440 THAT. I I'M CONCERNED
03:35 - 24.090 ABOUT IT.
03:35 - 26.530 >>THE JUDGE REASON WHY NOT
03:35 - 27.860 BECAUSE YOU ARE WELL OVER YOUR
03:35 - 30.030 TIME I THING IF YOU COULD JUST.
03:35 - 32.500 >>YOUR POSITION IS
03:35 - 33.920 THE COMPLAINT AS.
03:35 - 37.650 WHAT DOES NOT DAY TO CAUSE
03:35 - 38.240 OF ACTION.
03:35 - 41.040 >>HER FOR PRESIDENT,
03:35 - 42.870 QUITE SIMPLY THAT IT THAT IT'S
03:35 - 44.680 PREEMPTED BY THE UNITED STATES
03:35 - 45.580 CONSTITUTION.
03:35 - 48.970 NOT ALLOWED A RECOGNIZABLE
03:35 - 52.770 PENNSYLVANIA LAW AND I THINK
03:35 - 54.130 THAT CONTROLLING CASES HERE
03:35 - 56.300 REALLY ARE KYLE'S UNITED STATES
03:35 - 58.300 FORCES HACKERS THIS TO PUNISH
03:35 - 00.450 CASE THE PENNSYLVANIA
03:36 - 02.140 SUPREME COURT AND THE PALERMO
03:36 - 03.280 CASE FROM THE PENNSYLVANIA
03:36 - 05.230 SUPREME COURT AND MANY AREAS
03:36 - 06.280 FROM THE SUPERIOR COURT.
03:36 - 08.580 >>AND AND AND JUST FINALLY
03:36 - 11.200 THE LETTERS THAT WE HAVE HERE
03:36 - 12.180 THAT WE'RE LOOKING AT ARE
03:36 - 14.050 LETTERS THAT WERE SENT TO THE
03:36 - 15.540 OFFICERS CORRECT WE DON'T
03:36 - 18.380 HAVE ANY THE COMMUNICATIONS
03:36 - 20.420 THAT WOULD HAVE BEEN SENT BY
03:36 - 23.200 THE D DAY TOO. THE ACTUAL
03:36 - 24.380 DEFENSE TONS.
03:36 - 25.700 >>THAT THAT THAT'S CORRECT
03:36 - 26.110 JUDGE AND
03:36 - 30.020 >>IN RESPONSE TO A QUESTION.
03:36 - 31.980 >>THAT IS THIS IS WHAT'S GOING
03:36 - 34.660 TO THE THE THE OFFICERS TO PUT
03:36 - 36.290 THEM ON NOTICE WHETHER THEY
03:36 - 37.720 NEED TO DO SOMETHING THAT THEY
03:36 - 39.520 THINK IS NECESSARY AT
03:36 - 40.890 THE TIME THAT THEY'RE CALLED AS
03:36 - 41.520 A WITNESS
03:36 - 43.940 UNDER RULE 5.73 TO OBTAIN A
03:36 - 45.800 PROTECTIVE ORDER TO LIMIT THE
03:36 - 47.390 DISCLOSURE OF THE INFORMATION
03:36 - 50.340 IN A NON-PUBLIC WAY IN IT IT'S
03:36 - 51.470 DIFFERENT FROM WHAT'S GETTING
03:36 - 53.220 TURNED OVER TO THE TO THE
03:36 - 54.500 DEFENDANTS WHAT GETS TURNED
03:36 - 56.330 OVER TO THE DEFENDANTS IS THAT
03:36 - 57.650 THAT THE THE
03:36 - 00.490 FACT OF THE FACT THAT APPEAR IN
03:37 - 02.280 IN IN THE LETTER AS A MATTER OF
03:37 - 03.670 DISCOVERY OF DISCLOSURES.
03:37 - 07.510 >>ALL RIGHT MISTER NOT HIM.
03:37 - 11.690 >>I CAN'T BELIEVE THAT JUST A
03:37 - 12.460 MINUTE MYSELF.
03:37 - 15.600 MORNING OR GOOD AFTERNOON TO
03:37 - 16.110 THE SPORT.
03:37 - 20.290 JUST TO QUICKLY ADDRESS THE
03:37 - 21.370 COURT'S CONCERNS ABOUT.
03:37 - 24.010 STATE OF THESE ALLEGATIONS THAT
03:37 - 26.440 WERE LATER OVERCHARGED HER OR
03:37 - 28.790 SOUNDS NOT SUBSTANTIATED BY THE
03:37 - 30.130 EXPORTING FOR AIDS.
03:37 - 31.880 I'D LIKE TO DIRECT SUPPORT TO
03:37 - 33.690 PAGE 02:32AM THE RECORD.
03:37 - 36.510 NOW THAT IS A LIST OF CRITERIA.
03:37 - 37.910 THE DISTRICT ATTORNEY'S OFFICE
03:37 - 39.670 GIFT POLICE WHEN THEY ARE
03:37 - 41.930 CONDUCTING THE SEARCHES OF
03:37 - 43.650 DISCIPLINARY FILES, LET'S BE
03:37 - 45.370 CLEAR IT'S NOT PERSONNEL FILES
03:37 - 48.340 SENSE OF ALL HAS NOTHING TO
03:37 - 50.000 DO WITH THEIR JOB IS NOT
03:37 - 51.910 CERTAIN IS ARE JUST A PARENT
03:37 - 53.880 FILES. AND THE TYPES OF
03:37 - 54.980 INFORMATION THAT'S BEING SOUGHT
03:37 - 56.260 IS NOT. WELL
03:37 - 58.210 THE ALLEGATIONS, IT'S THINGS
03:37 - 58.980 THAT HAVE AT
03:37 - 00.860 SOME POINT IT'S TIME TO HAVE
03:38 - 02.800 SOME SUBSTANCE EVEN IF LATER ON
03:38 - 04.890 ON APPEAL SAY THE LEAST 4
03:38 - 06.510 DEGREES FOR FIRST THOSE POINTS
03:38 - 06.790 ON
03:38 - 09.190 THE AGES AND OFFICERS SUBJECT
03:38 - 10.540 TO A PENDING INVESTIGATION
03:38 - 13.240 STATES FINDINGS. MISS HOT.
03:38 - 14.420 SO I THINK
03:38 - 17.110 THAT THE SAHIN ALL THESE
03:38 - 18.690 OFFICERS WERE SAYING THAT THERE
03:38 - 20.430 THEIR FINDINGS WERE SUSTAINED
03:38 - 22.290 AT ONE LEVEL OF THE
03:38 - 24.330 REVIEW PROCESS AND WE'RE LATER
03:38 - 26.830 IT FIRST NOW THAT THESE ARE
03:38 - 28.630 STILL DOES NOT THAT'S NOT FOR
03:38 - 30.510 US OF THE DAY. IT'S NOT PROOF
03:38 - 33.350 THAT THAT THIS TIME IT HAPPENS.
03:38 - 36.020 SO UNDER UNDER BRADY
03:38 - 38.260 ACRES TILES YOU KNOW THE
03:38 - 40.740 THE DA IS GD TO PRODUCE OUR
03:38 - 43.060 DUTY AS CITY TO STRIP IT OF
03:38 - 43.750 THEIR'S.
03:38 - 45.930 SO THAT'S SO THAT MEANS
03:38 - 47.220 THAT THAT FROST FRIENDS FROM NO
03:38 - 49.090 I'M NOT I I AGREE WITH
03:38 - 50.530 WHOLEHEARTEDLY THAT THAT IN
03:38 - 52.460 MINUTES STRAIGHT OF DISPOSITION
03:38 - 54.610 IS NOT PROOF THAT MISCONDUCT
03:38 - 55.450 DIDN'T HAPPEN.
03:38 - 56.850 >>BUT IT'S ALSO NOT PROVE THAT
03:38 - 57.540 IT DID.
03:38 - 00.640 AND THEN MY PROP MY MY
03:39 - 02.400 CONCERN IS THAT BY DISCLOSING
03:39 - 03.930 THAT INFORMATION HAD A
03:39 - 06.130 BRADY MATERIAL INFORMATION
03:39 - 08.170 WHERE THERE WAS AN EXONERATION
03:39 - 09.930 MAYBE NOT INTERNAL MAYBE BY A
03:39 - 12.500 FEDERAL COURT A STATE COURT
03:39 - 14.240 JUDGE, MAYBE BY THE UNITED BY
03:39 - 15.620 THE COUNTRY'S SUPREME COURT BY
03:39 - 18.080 DISCLOSING IT YOU ARE
03:39 - 20.030 RE TRYING. A
03:39 - 22.040 CRIMINAL DEFENDANT FOR
03:39 - 23.200 MISCONDUCT THAT THE CRIMINAL
03:39 - 24.700 DEFENDANT WAS FOUND NOT GUILTY
03:39 - 24.940 OF.
03:39 - 29.980 >>NOT EXACTLY SO THE PURPOSE
03:39 - 30.840 OF DISCLOSURE
03:39 - 32.210 IS TO MAKE SURE
03:39 - 34.700 A CRIMINAL DEFENDANT IN THE
03:39 - 36.720 CASE TO WHICH THIS OUT EVIDENCE
03:39 - 38.780 ACTUALLY FELL THEY'RE ENTITLED
03:39 - 40.150 TO BE TRIED BASED ON ALL THE
03:39 - 41.810 UPDATES. SO THEY'RE ENTITLED
03:39 - 43.780 TO TO INFORMATION THAT'S IN THE
03:39 - 44.870 EASTERN PART OF SOUTH AS
03:39 - 47.050 POTENTIAL EXCULPATORY PATIENTS.
03:39 - 49.700 SO ON CROSS EXAMINATION IT'S
03:39 - 51.260 NOT EVIDENCE ITS EFFECTIVENESS
03:39 - 53.290 FOR WHICH. THANK MISTER
03:39 - 54.920 RICHARDSON SAID IT IS THERE'S
03:39 - 56.010 THERE'S ANOTHER WAY OR IT
03:39 - 56.380 KEEPING.
03:39 - 58.940 IT'S ACTUALLY KEEPING THAT OUT
03:39 - 59.970 OF THE CRIMINAL TRIAL.
03:40 - 02.360 >>THAT CAN ALSO BE DEALT WITH
03:40 - 04.420 ON CROSS EXAMINATION. SO AN
03:40 - 05.410 OFFICER WAS ON THE WITNESS
03:40 - 06.390 STAND WAS ASKED ABOUT.
03:40 - 10.310 JUST MISSED BY OR WHAT
03:40 - 11.980 HAVE YOU IN RESPONDING. YES,
03:40 - 12.520 THE CHARGES
03:40 - 14.340 WERE DISMISSED. SO IT'S NOT
03:40 - 16.160 LIKE THE OFFICER HAS ACTUALLY
03:40 - 18.260 BEEN ON THAT ACTUALLY QUESTION.
03:40 - 19.480 >>YOU KNOW WE HAVE A CASE IN
03:40 - 20.590 FRONT OF OUR CORE RIGHT NOW
03:40 - 22.530 WEATHER WHETHER OF WEATHER
03:40 - 24.130 APPEARS DAY FOR A POLICE
03:40 - 26.190 OFFICER TO TESTIFY THAT THE
03:40 - 28.040 RESULT OF AN INVESTIGATION CAME
03:40 - 29.270 OUT NEGATIVE OF
03:40 - 31.340 KNOW FINDING A COURT OF COMMON
03:40 - 32.840 PLEAS JUDGE IN PHILADELPHIA HAS
03:40 - 33.970 REACHED THAT DECISION THAT A
03:40 - 36.070 POLICE OFFICER IS INCOMPETENT
03:40 - 37.880 AS A MATTER OF FROM TESTIFYING
03:40 - 39.510 OUT THE RESULT OF AN INTERNAL
03:40 - 40.970 INVESTIGATION OF MISCONDUCT.
03:40 - 42.580 >>IT'S INTERESTING THAT THIS
03:40 - 43.830 KIND OF WAS A WAS ADMITTED.
03:40 - 48.200 >>THE THAT THE THAT THE POLICE
03:40 - 49.850 OFFICER ATTEMPTED TO TESTIFY IN
03:40 - 51.440 THE TRIAL COURT JUDGE UPHELD
03:40 - 52.610 THE HEARSAY OBJECTIONS SAYING
03:40 - 53.650 THAT POLICE OFFICER CANNOT
03:40 - 54.920 JUSTIFY THE RESULT OF AN
03:40 - 56.180 INVESTIGATION BECAUSE IT CAME
03:40 - 56.250 IN
03:40 - 59.570 A LETTER AND IT WAS HEARSAY AND
03:40 - 00.850 THE PERSON WHO WROTE THE LETTER
03:41 - 01.840 AND OF THE INVESTIGATION
03:41 - 03.460 TONIGHT AT 5. I'M NOT TELLING
03:41 - 04.440 YOU RIGHT NOW WHETHER THAT YOUR
03:41 - 05.470 STATE RULING WAS CORRECT
03:41 - 07.310 OR INCORRECT. BUT THAT'S WHAT
03:41 - 08.490 HAPPENED IN THE CITY OF FILL IN
03:41 - 09.270 THE BUILD UP THE COURT OF
03:41 - 09.920 COMMON PLEAS.
03:41 - 11.510 >>WELL, I
03:41 - 13.770 MEAN THAT'S IT'S IT'S UP TO THE
03:41 - 15.000 TRIAL JUDGE HOW THIS ENDS UP
03:41 - 16.730 PLAYING OUT, BUT I JUST WANTED
03:41 - 18.700 TO EMPHASIZE YOU KNOW, FALLING
03:41 - 21.080 ON SEARCH SAY THE BRADY
03:41 - 22.520 DISCLOSURE DECISION IS VERY
03:41 - 23.390 DIFFICULT SPEAK IN
03:41 - 24.280 THE ABSTRACT.
03:41 - 25.350 >>BECAUSE IT IS HIGHLY
03:41 - 26.500 DEPENDENT ON THE FACTS THE
03:41 - 28.160 CASE, IT'S HIGHLY DEPENDENT ON
03:41 - 29.230 THE LEGAL THEORIES THAT ARE
03:41 - 31.710 ASKED AND IT'S AND THE DA HAS
03:41 - 32.860 GIVEN JUST I JUST
03:41 - 35.650 THAT DESTRUCTION TO DECIDE WHAT
03:41 - 36.760 GETS GIVEN OVER TO
03:41 - 38.700 CRIMINAL DEFENDANT BASED ON ON
03:41 - 40.430 THAT SEXUAL SERIOUS THESE
03:41 - 41.610 DECISIONS ARE ART-MAKING
03:41 - 43.790 OUTSTRETCHED AS AS THE EFFORT
03:41 - 45.880 IS SEEKING TO BE HERE. BUT
03:41 - 46.440 WHAT'S
03:41 - 47.200 ALSO HURT.
03:41 - 50.110 >>WHO I THINK THE PROBLEM IS
03:41 - 52.060 IN. LET'S SAY WE AGREE WITH
03:41 - 55.390 >>ALL OF
03:41 - 57.180 YOUR POINTS WITH PERSPECTIVE.
03:41 - 58.850 THE DISCLOSURE OF CERTAIN
03:41 - 01.180 MATERIAL IN THE CONTEXT OF A
03:42 - 02.630 DISCREET CRIMINAL.
03:42 - 06.740 THE TRIAL. AND THERE'S STILL AN
03:42 - 08.780 ALLEGATION THAT THERE'S BEEN NO
03:42 - 09.560 CALL LIST
03:42 - 12.580 THAT FACT HOW THE CITY OF TIMES
03:42 - 14.090 POLICE OFFICERS.
03:42 - 17.440 THERE'S NO RECORD.
03:42 - 19.240 I MEAN THE TRIAL COURT FOUND
03:42 - 20.690 THERE WAS NO SUCH THING
03:42 - 22.290 AT THE KNOW CALL IT AND IT
03:42 - 23.850 WASN'T BEING USED THAT WAY BUT
03:42 - 25.530 HOW DO WE KNOW THAT.
03:42 - 28.810 >>WHATEVER THE D IF THE IDEA IS
03:42 - 30.440 CHOOSING TO COMPILE THIS
03:42 - 32.890 COURT FILE TO FLY WITH HIS 2 D
03:42 - 34.530 UNDER BRADY TO NO INFORMATION
03:42 - 36.400 THAT THE POLICE OFFICERS FILES.
03:42 - 37.900 THAT'S OUT OF
03:42 - 40.340 OUR HANDS REALLY OUR DUTY IS
03:42 - 42.460 LIMITED TO JUST ENSURING THE
03:42 - 44.790 FLOW OF INFORMATION SO KYLE'S
03:42 - 46.860 THE WIDELY SPECIFICALLY DIRECTS
03:42 - 48.660 THE CITY AND THE POLICE
03:42 - 50.520 DEPARTMENT AND THE D A TO
03:42 - 52.940 DEVELOP PROCEDURES TO ENSURE
03:42 - 55.060 THAT THE DIA CAN HAVE ACCESSED
03:42 - 56.860 TENSION RADEON JULIO IS MISSION
03:42 - 57.470 THAT OUR FIGHT.
03:42 - 00.270 >>HOW DO WE KNOW THE CITY ISN'T
03:43 - 03.330 TAKING THE DIA LEFT AND USING
03:43 - 03.530 IT.
03:43 - 06.230 >>OR. MAKING
03:43 - 08.330 PERSONNEL DECISIONS BECAUSE WE
03:43 - 09.250 DON'T HAVE A RECORD.
03:43 - 11.240 WHAT HAPPENED. LET'S SAY WE
03:43 - 12.560 AGREE, YEAH YOU HAVE AN
03:43 - 14.410 AFFIRMATIVE DUTY TO CREATE THE.
03:43 - 16.070 A FILE
03:43 - 18.090 ON THAT AND OF THIS FIGHT.
03:43 - 21.400 >>WELL FIRST OF ALL IT'S A
03:43 - 22.780 POLICE DEPARTMENT DOES NOT
03:43 - 25.260 CREATE ANY KIND JUST LARRY
03:43 - 26.400 LESTER TO NOT CALL LIST THAT'S
03:43 - 28.010 IN THAT CASE FILES. BUT
03:43 - 30.220 SECONDLY YOUR HONOR THE ANY
03:43 - 30.990 KIND OF EMPLOYMENT
03:43 - 32.960 RAMIFICATIONS. THAT HAPPENED
03:43 - 34.600 AFTER THE FACT BASED ON THE D A
03:43 - 36.420 SPECIAL SESSION CALL OR NOT AN
03:43 - 38.160 OFFICER THAT'S ENTIRELY
03:43 - 40.070 SEPARATE LAWSUIT THAT'S A LEVER
03:43 - 42.100 PLAYING SO THE FOP IS
03:43 - 44.880 IS VERY JIM BOULDEN AT FILING
03:43 - 46.330 UNFAIR LABOR PRACTICES AGAINST
03:43 - 47.450 THE CITY. IF THEY
03:43 - 49.410 DISAGREE WITH JUST WHEN THEY
03:43 - 51.420 DISAGREE WITH ASSIGNMENTS OVER
03:43 - 52.380 TIME THAT CETERA.
03:43 - 54.030 BUT ULTIMATELY HERE WE'RE
03:43 - 55.770 DEALING WITH FEDERAL COSTS, NO
03:43 - 57.640 RIGHTS KIDS AND SO
03:43 - 58.680 WE CAN'T THERE'S NO
03:43 - 59.490 CONSTITUTIONAL RIGHT
03:43 - 01.440 TO OVERTIME. THERE'S NO FEDERAL
03:44 - 03.130 LAWSUIT SHOW RIGHT TO KEEP YOUR
03:44 - 05.450 PERSONNEL FILES ON IT AND WHAT
03:44 - 07.140 THE FOP IS SEEKING IN THIS
03:44 - 09.870 LAWSUIT IS TO GET IN THE WAY
03:44 - 11.870 THAT WE TO INTERRUPT THE FLOW
03:44 - 12.950 OF INFORMATION THAT CHILD'S
03:44 - 14.200 MANDY'S BETWEEN THE POLICE
03:44 - 16.580 DEPARTMENT AND THE DA'S OFFICE.
03:44 - 18.460 AN ENERGEX SOME KIND OF EXTRA
03:44 - 21.240 DECISION-MAKER THERE TO TO STOP
03:44 - 22.610 US FROM DISCLOSING CERTAIN
03:44 - 24.280 CASES EFFICIENT THAT YEAH
03:44 - 26.050 PEOPLE ABOUT THE WHY SWEPT.
03:44 - 28.600 SO THAT'S THE THAT'S THE COURT.
03:44 - 32.900 NO PROCEDURES
03:44 - 35.080 FOR FOLKS AND THEY HAVE TO FIND
03:44 - 36.100 THAT THIS PROCEDURE WOULD BE
03:44 - 37.440 WHETHER YOU KNOW YOU ARE A
03:44 - 37.970 TRAITOR.
03:44 - 41.630 SO WHAT DECISION-MAKER E BUT
03:44 - 43.460 THE REAL RISK HERE IS THAT.
03:44 - 45.680 IN BLOCKING THAT FLOW OF
03:44 - 47.170 INFORMATION ADDING A SECOND
03:44 - 49.450 LAYER OF YOU FORMAL TO FIND A
03:44 - 50.440 BARISTA FOR A BITE
03:44 - 52.500 MS. AND WE'RE DOING THAT IN THE
03:44 - 54.110 SERVICE OF STATE ALBRIGHT'S.
03:44 - 55.770 SO THAT REALLY MEANS THAT WE'RE
03:44 - 57.690 TRADING OFF THE DESCENDANTS
03:44 - 59.700 FEDERAL CONSTITUTIONAL RIGHT TO
03:44 - 00.350 NOT BE.
03:45 - 04.910 >>PRIME SENTENCE BASED ON GOOD
03:45 - 06.690 INFORMATION AGAINST THE STATE
03:45 - 08.250 LAW RIGHTS AND THAT'S A PROMISE
03:45 - 10.740 OF LOSSES CANNOT AND KYLE SAYS
03:45 - 12.610 WE CANNOT SIMPLY HE AND OVER
03:45 - 14.180 THE PHONE. WELL AS
03:45 - 16.070 COMMUNICATING TEAM. THE POLICE
03:45 - 17.760 DEPARTMENT AND THE DA'S OFFICE
03:45 - 19.370 TENSION IN CHILE ON THE ISSUE
03:45 - 21.320 TO SOME 3RD PARTY EXTRA
03:45 - 23.160 DECISIONS, THESE ARE HIGHLY
03:45 - 24.130 FACTS SPECIFIC THE
03:45 - 25.940 SPECIFIC QUESTIONS. THEY'RE
03:45 - 27.410 TOUGH CALLS. AND I THINK ONE OF
03:45 - 29.360 THE KEY SLOT THAT SAW GREECE
03:45 - 31.590 SHOW THAT EVEN WELL-MEANING
03:45 - 33.280 PROSECUTORS GET IT THAT THERE
03:45 - 34.580 ARE KIDS FROM THE 7TH CIRCUIT
03:45 - 36.090 SHOWED THEY HAD US
03:45 - 38.670 ATTORNEY'S OFFICE. THEY THEY
03:45 - 39.650 THEY THEY THOUGHT THEY'D
03:45 - 40.820 CONSIDER EVERYTHING YOU NEED A
03:45 - 42.080 CAREFUL DETERMINATION THAT IN
03:45 - 43.660 SPANISH NOT GREAT MATERIAL
03:45 - 46.120 TURNS OUT IT WAS NOBODY WANTS
03:45 - 47.490 TO GET IT WRONG AND SENSITIVITY
03:45 - 49.730 JAIL BASED ON INCOMPLETE
03:45 - 51.380 EVIDENCE AND HOW THAT ACTION
03:45 - 53.280 OVER TURNS CHANGELLY YEARS
03:45 - 55.200 LATER ALL THE PROBLEMS THAT
03:45 - 57.570 CAUSE SO THAT'S WHY
03:45 - 59.460 WE CANNOT YOU CANNOT INTERRUPT
03:45 - 00.970 THE SLOW AND ACCOUNTED FOR
03:46 - 03.550 SEIZURE THAT SUPREME COURT TEST
03:46 - 05.490 SIGN FOR US AND FOR THE DA'S
03:46 - 06.870 OFFICE FOR MILES PEOPLE.
03:46 - 10.200 AND THAT'S
03:46 - 11.800 ANOTHER POINT AND I'D LIKE TO
03:46 - 13.910 MAKE IS THAT I AM GOING HERE
03:46 - 15.380 WELL OVER YOUR TIME EVERYONE
03:46 - 16.560 WELL OVER THEIR TIME AND I
03:46 - 17.890 WOULD LIKE YOU TO WIND UP AND
03:46 - 18.550 GET ONLINE.
03:46 - 21.560 >>I THINK YOU'RE ON OR SO I
03:46 - 22.620 WOULD JUST LIKE TO CONCLUDE AND
03:46 - 24.500 SAY THAT ANY PROCEDURE THAT
03:46 - 25.110 GETS THE WAY
03:46 - 27.390 OF US REDUCING THE INFORMATION
03:46 - 28.340 THAT YOU GET THAT WE NEED TO
03:46 - 29.690 USE PUTTING A SERVICE OR A
03:46 - 31.420 VIOLATION IN MILLAGE RATE BY
03:46 - 33.080 LES TIONS AND THEREFORE CANNOT
03:46 - 35.910 HAPPEN SPENCE US. I THANK YOU
03:46 - 36.390 VERY MUCH.
03:46 - 40.290 >>ALL RIGHT MISTER TELL YOU
03:46 - 41.060 HAVE 2 MINUTES.
03:46 - 48.590 >>BECAUSE I KNOW I KNOW OUR MUM
03:46 - 49.310 ON HIS.
03:46 - 52.400 LET ME LET ME SAY IT IS.
03:46 - 54.540 >>THE.
03:46 - 58.350 >>THE DIALOGUE THAT'S GOING ON
03:46 - 59.990 HERE BACK AND FORTH. I GOT
03:46 - 02.370 IT EXACTLY ESSENTIALLY THE
03:47 - 02.710 DISTRICT
03:47 - 04.780 ATTORNEY'S OFFICE HAS BECOME
03:47 - 06.850 THE CUSTODIAN OF INFORMATION
03:47 - 09.050 STARTING THE FILES ALL
03:47 - 11.770 POLICE OFFICERS FOR THESE KINDS
03:47 - 12.830 OF INTERACTIONS THAT IS CHECKED
03:47 - 13.050 WITH.
03:47 - 14.740 >>IN THE IN THE.
03:47 - 16.550 >>OF THE 4 CORNERS OF THE
03:47 - 17.000 COMPLAINT
03:47 - 19.970 AND THERE'S BEEN THERE'S BEEN
03:47 - 21.760 SOME STATEMENT THAT THERE'S AN
03:47 - 22.980 EVALUATION PROCESS
03:47 - 24.620 AND I THINK IT'S PRETTY CLEAR
03:47 - 25.430 FROM THE LETTERS THAT THE
03:47 - 26.850 POLICE OFFICERS RECEIVE THERE'S
03:47 - 28.600 NO SIGN OF PROCESS. WHAT THEY
03:47 - 30.020 WHAT HE SAID IS
03:47 - 32.720 THE ITALIAN OF POLICE
03:47 - 33.900 MISCONDUCT WAS DURING THE
03:47 - 34.900 COLLISION IS GONE BUT MS.
03:47 - 36.800 AND THAT INFORMATION. IT IS
03:47 - 37.870 GOING TO BE TURNED OVER.
03:47 - 40.860 THE 3RD QUARTER. THEY DID NOT
03:47 - 43.050 DO ANYTHING OF IT AND BECAUSE
03:47 - 44.410 THE POLICE DEPARTMENT HAS
03:47 - 45.330 ALLOWED THE
03:47 - 47.780 QUESTION THE THIS COULD MEAN TO
03:47 - 49.680 BECOME THE CUSTODIAN OF FILES
03:47 - 50.910 THAT WE MAY THINK WE SHOULD BE
03:47 - 52.060 THE AGENT BECAUSE STARTING.
03:47 - 53.610 BUT LET'S GO BACK WHERE THEY
03:47 - 55.350 STARTED ALL OF THE QUESTIONS
03:47 - 57.230 WHEN BOTH SIDES FROM THE COURT
03:47 - 57.960 AND FROM
03:47 - 00.660 THE LAWYERS IS I THINK LOOK
03:48 - 01.920 HERE IS PROOF WHY
03:48 - 03.680 THIS CASE SHOULD NEVER HAVE
03:48 - 04.880 BEEN DISPOSED OF WHEN
03:48 - 07.040 PRELIMINARY OBJECTIONS. WE'VE
03:48 - 08.670 MADE ALLEGATIONS THAT THERE
03:48 - 10.660 WERE RAMIFICATIONS WHEN THE
03:48 - 13.020 FINAL REGISTER DO NOT CALL LIST
03:48 - 14.620 CALL IT WHAT YOU WILL. WE HAVE
03:48 - 16.400 MADE ALLEGATIONS THAT THOSE
03:48 - 16.730 HAVE
03:48 - 19.110 JOB IMPLICATIONS AND WE POINTED
03:48 - 20.960 OUT AT LEAST ONE PERSON HAS
03:48 - 22.740 BEEN ADVERSELY AFFECTED BY THAT
03:48 - 23.690 WE'RE
03:48 - 26.200 IN TITLE TO EXPLORE THAT WE'RE
03:48 - 27.920 ENTITLED TO FIND OUT
03:48 - 30.710 EXACTLY HOW THIS LIST WORKS
03:48 - 33.800 EXACTLY WHAT INFORMATION GOES
03:48 - 34.730 FROM THE DISTRICT ATTORNEY
03:48 - 37.800 JAIME, 2 THE DEFENSE LAWYER OR
03:48 - 39.160 DEFENSE LAWYERS IN THE
03:48 - 41.140 PROVERBIAL CASES THAT ONE OF
03:48 - 42.400 THESE 11 OFFICERS OR SOMEBODY
03:48 - 42.640 ELSE.
03:48 - 45.870 IS IS OR OR IT IS GOING TO BE A
03:48 - 47.530 WITNESS IN OR IS IDENTIFIED AS
03:48 - 48.410 A WITNESSES.
03:48 - 50.940 I UNDERSTAND THAT THAT'S THE
03:48 - 52.800 KIND OF THING THAT THE RISE
03:48 - 55.480 FROM THE CREATION OF THIS LIST
03:48 - 57.920 OF THIS REGISTRY. NOT SOMETHING
03:48 - 59.540 THAT ARISES FROM THE 4 CORNERS
03:48 - 01.400 OF THE COURT PARK. SO WHAT WE
03:49 - 03.220 SUGGEST YOU. THE STATE THE
03:49 - 05.170 PROPER WAY. THIS MISSING THIS
03:49 - 06.620 COMPLAINT. THIS IS A
03:49 - 08.920 PRELIMINARY OBJECTIONS DOESN'T
03:49 - 10.350 HELP ANYBODY DOES NOT RESOLVE
03:49 - 11.770 ANYTHING AND IN THE PROPER WAY
03:49 - 12.250 TO DO THIS.
03:49 - 14.790 STILL RIVERS THE TRIAL COURT'S
03:49 - 16.800 DECISION AND REMANDED BACK SO
03:49 - 18.650 THAT WE CAN HAVE A RECORD SO
03:49 - 19.010 THAT
03:49 - 21.270 WE CAN ANSWER THE QUESTIONS
03:49 - 22.330 THAT THE LAWYERS
03:49 - 24.800 CAN'T ANSWER AND THE AND THE
03:49 - 26.390 COURT WOULD WANT ANSWERED
03:49 - 27.370 BECAUSE THERE'S NO EVIDENCE IN
03:49 - 27.770 THE RECORD.
03:49 - 36.020 >>AND THAT INCLUDES NUMBER 50.