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PA Commonwealth Court En Banc Session 2020-06-10

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

Caption Text Below:    

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.


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