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Janice Clark doing work for the BR mafia

Posted on 8/4/14 at 5:48 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
113072 posts
Posted on 8/4/14 at 5:48 pm
Dismisses annexation challenge.

She should not have even bothered with the farce of a hearing. She made up mind as soon as it was "randomly" assigned to her over her plaintiffs steak at Ruth's Chris.
This post was edited on 8/4/14 at 5:51 pm
Posted by Kramer26
St. George, LA
Member since Jan 2005
6485 posts
Posted on 8/4/14 at 5:57 pm to
(no message)
This post was edited on 10/27/20 at 10:22 pm
Posted by Barrymanalow
Member since Jul 2014
36 posts
Posted on 8/4/14 at 6:00 pm to
Was there language to go with the ruling about his standing? Was it that his concerns are misplaced or was it him owning houses in different cities that did it?
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 8/4/14 at 6:06 pm to
quote:

Dismisses annexation challenge.

what for? was it standing?
Posted by doubleb
Baton Rouge
Member since Aug 2006
41968 posts
Posted on 8/4/14 at 6:10 pm to
I asked thd same question when the suit was filed and some here argued that Jenkins did not have standing.

Perhaps no one can. Any lawyers here have the answer?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138209 posts
Posted on 8/4/14 at 6:12 pm to
Let's see if she can continue her streak of being overturned.
Posted by doubleb
Baton Rouge
Member since Aug 2006
41968 posts
Posted on 8/4/14 at 6:12 pm to
Yes, dismissed because Jenkins didn't have standing.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17132 posts
Posted on 8/4/14 at 6:33 pm to
quote:

Let's see if she can continue her streak of being overturned.


Let's hope so. Her ruling that Jenkins doesn't have standing means he probably does if you look at her track record of being wrong.
Posted by Barrymanalow
Member since Jul 2014
36 posts
Posted on 8/4/14 at 6:38 pm to
Yeah, but the reason why he didn't have standing is important. Apparently she agreed with the City in that he is unaffected by the annexation and therefore lacks "a real and actual interest".

I assume its because his argument was that cops would be spread to thin. And then Carl Dabadie testified that they aren't thin.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138209 posts
Posted on 8/4/14 at 6:39 pm to
quote:

Let's hope so. Her ruling that Jenkins doesn't have standing means he probably does if you look at her track record of being wrong.


What's the percentage of her cases that have been overturned now?
Posted by tracytiger
Baton Rouge
Member since May 2009
3631 posts
Posted on 8/4/14 at 8:30 pm to
Janice Clark loves to be wined and dined. That's all it takes. Many lawyers take her out.

She's a joke.
Posted by Zelig
Baton Rouge
Member since Dec 2013
137 posts
Posted on 8/4/14 at 8:31 pm to
From the Plan of Government "During such period any citizen of the city or the area proposed to be added thereto may file an appeal therefrom in the District Court in the manner and with the effect provided by law. After the conclusion of such period the ordinance shall not be contested or attacked for any reason or cause whatever."

Can anyone say why this does not validate Jenkins' standing in this case? Perhaps there is something missing here that explains why plain language that would seem to give any citizen of the city standing actually does not mean that? This is not a snarky question--I would love to hear from any attorneys who can explain this.
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 8/4/14 at 8:47 pm to
Question seconded, since I've never bothered to read the Plan and don't ever intend to, really. Maybe there's some other relevant section? It sure sounds as though the "real and actual interest" thing is a much more specific and stringent thing to require than what you quoted.

Also, I am curious what exactly a "citizen of the city" is supposed to mean. Is that not an odd use of the word?
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26397 posts
Posted on 8/4/14 at 9:15 pm to
State law regarding this issue supersedes the BR Plan of Government.

LINK
quote:

The hearing got personal when Pierson called Jenkins to the stand and questioned whether he is a resident of Baton Rouge or not. The city-parish's plan of government, which Jenkins is basing his case on, says annexations can be challenged by "any citizen of the city or the area proposed to be added thereto."

Jenkins pointed to an article posted on Jenkins' website that lists a P.O. Box in Central as his contact address, and to Wikipedia, which lists his residence as Central (though she acknowledged Wikipedia is not always the most reliable source of information). She pointed to property in Central that had been acquired by a nonprofit Jenkins runs with his wife. She also put forward a "declaration of domicile" from 2003 where Jenkins declared he lived in Florida.

Jenkins, clearly frustrated by the questioning, at one point had to be told by the judge to take a recess and talk to his attorney because he wasn't answering Pierson's questions with a "yes" or "no," and instead was trying to explain the situation behind those questions.

The P.O. box in Central was for Central City News, one of the newspapers he runs, he said. The property in Central is an office for the nonprofit. And he and his wife briefly lived in Florida and registered to vote there in 2003, but left after a hurricane damaged their residence and still owned their property in Baton Rouge.

Pierson ultimately said she'd stipulate, or agree, to the fact that Jenkins is a citizen of Baton Rouge -- though without a real and actual interest in the case, she added. She points to state law, which says "any interested citizen of the municipality or of the territory proposed to be annexed" may file suit, and defines "interested" as having a "real and actual personal stake" in the annexations.


Also, I know the City stipulated that Jenkins was a citizen of BR. However, Jenkins filed a "Change of Domicile" declaration in 2003 when he moved to Florida. If his domicile was challenged further, he would have to prove a lot to establish that he really did change his domicile back to Louisiana.
This post was edited on 8/4/14 at 9:18 pm
Posted by Sprocket46
Member since Apr 2014
732 posts
Posted on 8/4/14 at 9:34 pm to
I don't think anyone expected any different from Clark. This was always going to be headed to appeals. I don't give a darn about parts of the mall being annexed, I just want the dirty politics exposed.

Posted by doubleb
Baton Rouge
Member since Aug 2006
41968 posts
Posted on 8/4/14 at 9:41 pm to
So whether or not the city followed state and city laws when they annexed the mall was never decided . All the trial was about whether or not a Woody had standing.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26397 posts
Posted on 8/4/14 at 9:44 pm to
Well yes and no. The trial was about the entire issue regarding the mall. However, the City challenged Jenkins standing at the onset so it never got to the merits.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 8/4/14 at 9:52 pm to
Jenkins doesn't even live in the city of Baton Rouge or in any of the parcels that were annexed. His taxes were not affected.

If he lives in the city of Baton Rouge then why is he pushing for SG?
Posted by doubleb
Baton Rouge
Member since Aug 2006
41968 posts
Posted on 8/4/14 at 10:07 pm to
Exactly, they never argued whether or not the annexations were done correctly just about Woody 's standing.

Posted by Sprocket46
Member since Apr 2014
732 posts
Posted on 8/4/14 at 10:31 pm to
quote:

Jenkins doesn't even live in the city of Baton Rouge or in any of the parcels that were annexed. His taxes were not affected.


He posted an article several months ago where he was assaulted at his BR home. I don't know where the man spends the majority of his nights, but he does have a home in BR.
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