John Nephew

Maplewood City Council Policy & Politics


Thursday, February 26, 2009

TRO Denied

Well, it's been interesting lately in Maplewood. For my first time ever, I'm a named defendant in a lawsuit, Musgrave v. Nephew et al.

On Monday there was a hearing on the plaintiff's motion for a temporary restraining order. The judge ruled against the motion on the spot, and by the end of the day had issued his written decision denying the TRO.

Explaining his decision, the judge concluded "that there is not, as yet, a justiciable issue permitting judicial intervention and that Plaintiff has not suffered, and has not demonstrated that she is about to suffer, any legally recognizable injury, irreparable or otherwise." He went on to say that "The fact is she has not and can not make that demonstration," namely, "the possibility of some harm having a constitutional dimension."

I'm not a lawyer, but it reads to me as though the judge is denying the TRO primarily because he sees no possible way for the plaintiff to win her case. Sounds like the very definition of a frivolous lawsuit.


Wednesday, February 04, 2009

February Newsletter

The February city newsletter has been arriving in households, and this month I wrote the "Council Corner." (That link will get you to a PDF of just my article's page; the entire booklet is available on the city's website.)

My article focuses on the topic of city debt and the capital improvement plan that we approved last summer. That was a while ago, but the topic of debt and fiscal responsibility is timely amidst the news of state budget deficits and cuts to local governments. It was also an issue where the council came together and found consensus.

(If you're wondering about the article's postscript, I refer you to a blog entry from last month.)


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