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Mario Moreno in 2001 stands next to the American flag he put on land that previously was site of a building he purchased and refurbished before the city of Sacramento demolished the structure. Moreno subsequently sued the city and won. Bee file photo, 2001/Chris Crewell /
posted by Bob at Tuesday, September 09, 2008
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SHHHH! While we listen to words of wisdom from a wise man.
Conscience is the light of the Soul that burns within the chambers of our psychological heart. It is as real as life is. It raises the voice in protest whenever anything is thought of or done contrary to the righteousness. Conscience is a form of truth that has been transferred through our genetic stock in the form of the knowledge of our own acts and feelings as right or wrong. A virtuous and courageous person can alone use the instrument of conscience. He or she can alone hear the inner voice of the soul clearly. In a wicked person this faculty is absent. The sensitive nature of his / her conscience has been destroyed by sin or corruption. Hence he or she is unable to discriminate right from wrong. Those who are leading organizations, business enterprises, institutions and governments should develop this virtue of the ability to use their own conscience. This wisdom of using the clean conscience will enable them to enjoy the freedom.
Dr APJ Kalam, President of India given during the inauguration of the seminar on “THE EFFECTS OF CORRUPTION ON GOOD GOVERNANCE AND HUMAN RIGHTS
28 Comments:
By Denny Walsh - dwalsh@sacbee.com
Last Updated 4:11 pm PDT Tuesday, September 9, 2008
The long legal battle stemming from a Sacramento building inspector's zeal to destroy a building belonging to an east Sacramento landscaper has finally ended. It cost the city more than $1.8 million.
U. S. District Judge John A. Mendez signed an order last week dismissing the case, after the city agreed to pay $798,710 in fees, costs and interest to a Sacramento firm - Nageley, Meredith & Miller - for Andrea "Andi" Miller's representation of Mario Moreno.
The 54-year-old Moreno, a son of migrant farm workers who eked out a living tending lawns and gardens, scraped together enough money in 1998 to buy the one-time Elmhurst neighborhood grocery store at 1915 48th St.
Moreno had a special affection for the building, which was once the hub of the neighborhood. The sixth of 12 children, he had lived most of his life in the family's Discovery Way home on a lot that backed up to the store.
He planned to renovate and reside in the one-story brick structure, which dated to the early 20th century.
He missed several city-imposed deadlines to complete the project but, with the help of friends, neighbors and relatives, he continued the work when he had money for materials and time to devote to what was a labor of love.
"I put a roof on it, new insulation, steel framing, copper pipe, air conditioning and heating," Moreno said in a 2002 interview. "All brand new, commercial quality material.
"The building was no longer a threat to anybody. The only thing I had to do was hook up two ducts and some finishing work."
According to Miller and evidence presented at a 2005 trial, Josh Pino, then the city's principal building inspector, lied and misled a deputy city attorney in order to gain approval to knock the building down.
With no final notice, it was demolished on Jan. 31, 2001, while a heavy police presence looked on because Pino had passed the word Moreno had the potential for violence, trial evidence showed.
Moreno sat on the steps of a neighbor's house and wept as he watched the building in which he had invested so much of himself pounded into a pile of dust.
Miller, the mother of a Moreno neighbor who had worked on the renovation, filed a lawsuit in April 2001. The next year, however, David F. Levi, then a federal judge, threw the suit out. Two years later, the 9th U.S. Circuit Court of Appeals reinstated Moreno's due process and unlawful seizure claims.
In June 2005, a jury found Moreno had been denied his constitutional rights and awarded him damages of $717,000. In a subsequent negotiated settlement, the city agreed to pay him $696,957.
The verdict meant Miller was entitled to collect her fees and costs from the city. But the city opposed the $704,858 she asked for and Levi slashed it to $428,053, a reduction of around 40 percent.
So, Miller went back to the appellate court on the fee issue. The appellate court ruled in July that Levi's cuts were unjustified and remanded the issue to Mendez, who replaced Levi when he stepped down to head Duke University's law school.
In an opinion written by 9th Circuit Chief Judge Alex Kozinski, a unanimous three-judge panel said, "The opaque explanation provided here is an insufficient basis for the district court's Draconian cut."
Only after that opinion did the city agree to a fee of $699,916, plus costs and interest. The city also paid a fee of $82,707 to Miller's co-counsel, Steven Belzer.
For its own representation, the city paid $305,451 to Randolph Cregger & Chalfant, a Sacramento firm.
Pino, 47, is currently working in the citys Office of Emergency Services.
Reached at his Orangevale home Tuesday, he told a reporter: The way this came out in court and in the court of public opinion does not reflect the way it really was.
It never does reflect the way it really was does it? That's because they picked a fight with the wrong guy and they got caught.
St. Paul's turn is coming!
How about them apples Chuck ?
I suppose in your world, this story is just something in the movies.
Or maybe just an episode of Flash
Gordon.
Jeff Matiatos
Like the 1940 era episodes.
Jeff Matiatos
Again we hear about inspectors who lie. This crap is going on all over the country and it's about time that people put an end to it. Unfortunately, the only message city hall hears loud and clear is when they get sued and have to pay.
1.8 million for one house.The ricomen lost 100+ houses.well chuck sometimes good things take a couple of years to win.Kepp your chin up ricomen your time will come.
OK folks here is the difference between this case and what you have in Saint Paul... "evidence presented at a 2005 trial, Josh Pino, then the city's principal building inspector, lied and misled a deputy city attorney in order to gain approval to knock the building down."
Note the first word EVIDENCE not stories or rumors EVIDENCE. And note that this is a regular state court case.
If any of these guys had any EVIDENCE that anyone had actually lied to get a house demo'ed they would be in District Court where those kinds of crimes go. But they have no EVIDENCE. They have plenty of rumors and conjectures but no EVIDENCE.
If anyone lied to get any building demo'ed I want that SOB fired and I hope that anyone treated that way is compensated. But, that isn't what comes up on these pages and it isn't what is the evidence of these cases in Saint Paul.
Everyone of the demo's have hearing after hearing, delay after delay, year after year... You will never win any court case on a "rush to judgement" when there has been the time delays that all of the demo's in Saint Paul have.
JMONTOMEPPOF
Chuck Repke
Chuck maybe the ricomen have laid out so much evidence you haven't had the time to read it all.No evidence,huh?
Jim
Evidence:
St Paul inspectors lied about conditions in order to condemn.
St Paul rigged Ramsey County Court ahead of bringing these landlords to court
Lanldords were not slumlords and took care of their properties
St Paul and more specifically certain city council members had a "hit list" of property owners they went after
St. Paul had a policy to force certain owners out of business
St Paul did not apply their codes to PHA properties the way they did to private landlords properties
St Paul requuired "code compliances" which were illegal due to lack of ordinance when tey were required and also found to be illegal by the Morris vs Sax Supreme Court decisiion
St Paul destroyed evidence to cover this up
St Paul enters homes with no Search Warrant and against the wishes of the occupant
St Paul uses criminal tools to malicously prosecute people as retaliation for sticking up for their rights.
That's just what I can remember off the top of my head from what's been presented here Chuck. Your side is going to get their arse kicked when this goes to trial.
It appears they do have eveidence and all you have is a bunch of old school hot air spin.
Sample Demo 703 Surrey What about Banks and Daytons Bluff etc 69X Conway designated Historic Justice Burgers Home
http://stpaul.granicus.com/MetaViewer.php?view_id=37&event_id=40&meta_id=46962
1:37 As I said rumor and accusation not facts. Anyone had any property demo'ed without cause would have taken it to district court.
Everyone of the guys in these cases admitted to some if not all of the violations at one time or another. They just think that it was unfair that they were signalled out for enforcement. They think they are "special."
There was no policy to force certain owners out of business, no hit list, no special treatment...
again grandiosity, aint it grand?
And 703 Surrey... do you want that one demo'ed or not? Its a burned out building that was last listed at $15,000. Do you want to buy it and rehab it? Give me a call.
JMONTOMEPPOF
Chuck Repke
Chuck, if the RICOMEN would have taken their case to district court, they would have ended up with guess who? Judge Mott.
Jeff Matiatos
Chuck you said, "If anyone lied to get any building demo'ed I want that SOB fired and I hope that anyone treated that way is compensated."
We will hold you to this statement.
I know some of the people in the lawsuits Chuck and the things mentioned by 1:37 are not rumors. They're backed up with city documents and testimony (ubder oath) from city officials. I'd call that Evidence Chuck. Sorry to disappoint you, but the facts are the facts.
Chuck said.............There was no policy to force certain owners out of business, no hit list, no special treatment...
again grandiosity, aint it grand?
Ciani says....................Chuck do you remember Dawkins,Kelly and Lantrys force sale policy and yes they had a hit list.
Bob could you show that evidence to refresh Chucks memory-But thats ok for a government to force a sale?Isn't that proof they were trying to put landlords out of business?
If there were such successful city policies in place to condemn and excessive consumption why would they have to force a owner to sell?
Tim Ciani
There goes another tear in Chucks beer!
Excuse me evidence please.
Somebody saying that in their imagination something was going on isn't evidence.
I mean everything that comes out of the law suits is nothing but we think this must be going on so therefore it is.
No Evidence.
jmontomeppof
Chuck Repke
8:22 who was forced to sell?
Name me one person.
It never fucking happened you dolt.
Even in all of the great stories Nancy O tells, she never sold it to who she says she was being forced to. She sold it to her friends that never got around to fix it either.
JMONTOMEPPOF
Chuck Repke
Chuck my great stories (in your mind)are backed with witnesses and a copy of the purchase agreement written by the associate of Mr. Magners that I was told I must sell too or be looking at a hole in the ground.
Chuck you were not there so for you to say my accusations are not true and/or correct is wrong on your part, and no it does not fall under the category of "grandiosity" which appears to be a new word that you must of recently learned and are enjoying!
Chuck please refrain from saying that I am not being honest unless you can provide some facts to support yourself which will be impossible because I speak the truth and have no reason nor gain to do otherwise...
Thank you
Nancy O.
NOTICE
Court hearing on city lawsuits
Friday 9-12-08
2 P.M. 300 S 4th St….courtroom 12W
Minneapolis, Mn.
Come and see what the real story is about these lawsuits. Hear the evidence for yourself. You’ll be surprised.
What were they using the term for then Repke?
Nancy
Did you sell the house to who Magner suggested?
If you didn't then you weren't forced to sell it to him.
DUH
If Magner was stupid enough to suggest to a crack head who she should sell her property too in an effort to help her out, then he deserves the abuse that someone like you has put upon him ever since then.
What in the hell was he thinking trying to help someone with a drug problem out? He should have known it would have come around to bight him on the ass and you would make these kind of accusations.
I am sure if he has half a brain he never tried to help anyone else.
JMONTOMEPPOF
Chuck Repke
This is the calm before the storm Repke.
Chuck you are a real piece of work...I have tried being nice and polite to you and even now I will hold back my true feelings of your rude statements, I am above that and will not lower myself to your standards. Yes I did have an addiction just as you did our choice may have differed but with that being said you are no better then me!
You know as well as I do that Mr. Magner had no intentions of helping me and it was not put to me as a suggestion, I refuse to argue with someone such as yourself, that would be a lost cause with the tunnel vision you seem to have. Living a good live as I do means much more then anything you could ever say to try to degrade me at this point in my life... There is one big difference between you and I Chuck; you kiss ass I do not, never have never will...
Good luck cause what goes around comes around Chuck...remember the man above us all!
Nancy O.
I love Nancy!
Is the City paying you to spin here Chuck ? I don't believe anyone could be so stupid as to come up with the crap you spew out here.
Give it to them baby xoxoxo
I have personally delt with Josh Pino. I do not know what his deal is, but he successfully ran me out of my low income housing business. I had 250 tenants for 10 years. It was my livelyhood. I lived on-site. I was always 100% rented out. I never had to advertise as I had all repeat business. Go figure??? When Josh drives by a homeless person he ought to know what he wrought.
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