Monday, 28 September 2009

THE GULF CASE (Legal Incoherence 2009 - Part I)

CASE #3:06-cv-00095-MCR-EMT - Appeal Case # 09-12234-C


You may have heard of the word Nomocracy before. Simply stated in my views, it is the rule of law which limits the discretion of officials, and provides a process by which errors or abuse of discretion can be corrected. We trust officials to exercise such discretion as they have with wisdom, justice, and competence, to avoid a government that is arbitrary, discriminatory, prejudiced and corrupt. However, can judges push the envelope sometimes?


This GULF CASE is not fiction. It is about first and foremost the violation of property rights against an African american developer and his family and against Property rights policies upheld by the Supreme Court and the Justice Department. It is the true story of an African-American family and their total demise on American soil due to injustice in 2005. After approximately 25 years of successful development and wonderful achievements, as a former Department of Defense Contractor, an African-American real estate developer was ravaged and devastated by a lower Government namely the walton County on the Gulf of Mexico and the plaintiffs' case was worsened by a deadly blow from a Federal Judge's order who, after 379 motions and attorney entries, three years of debate, an array of depositions, and a plethora of lies, deceits, misleadings, inconsistencies and falsehood by defendants, issued an incoherent order to make bad matter worse. Unchecked properly by superiors, in my humble views as a naturalized citizen of the United States, the judge has done the unthinkable despite what I come to know as her public statements when she was taking office. This saga entails romance, intrigues, dangers and the eventual demise of an African-American family who watched their American Dream turn to an American nightmare on American soil, after following the rules and working hard for approximately 25 years. Would you call this a judicial oversight, judicial discretion or plain injustice?


Speak loud America and respond lest this becomes the norm under this historic administration which does not stand for injustice. We will analyze the incoherences found one at a time in the series of blogs, articles, press releases TV's, Radio's and Newspaper's interviews to follow.


INCOHERENCE # 1: The Walton County used an invalid Development Order #40119 which expired on since December 2004 when it was completed to the satisfaction of the County, which Development Order became invalid on May 4, 2005 yet, that Development Order was used on May 11, 2005 to hurt the African-American Plaintiffs. moreover, the County gave plaintiff Sony Roy the rights to build a wall in front of his property on Route 30A based on 10 undeniable counts of admission and permission to do so. 9 go-aheads by building inspectors and the building department of that county were admittedly given to plaintiff Sony Roy plus Plaintiff Sony Roy's engineered plan was approved along with his Development Order in 2004 as part of his application. That permission was granted is a matter of fact on the record and on the bold face of the Development Order (DO) accompanied by the plan submitted. ADDED ON 2/25/10 Furthermore, the Development Order (DO) was obsolete at the time they placed their Stop Work Order for it was approved on May 4, 2004 with a life of one year and renewable if the development of the property is unfinished. The development of the property was finished in December 2004 and therefore there was no need for renewal. Secondly, Plaintiffs never applied to renew such DO. Therefore, the Federal Judge missed the document and allowed lawyers to build a case on an expired document. In other words, the judge was misled badly according to the fact in this case. Yet, On May 11, 2005, 7 days after the expiration of the DO, the same County stopped Plaintiff Sony Roy's work accusing him of not having a proper permit to build a wall in front of his property and not having his DO posted in front of his property and relying on an expired document to hurt the African_American family.


AMERICA NEEDS TO CRY OUT. This was done in a Jim Crow style of the 60's and Plaintiff Sony Roy and his family watched the total demise of their financial affairs from that point on. America must speak and must speak loud. What happened to the plaintiffs here should not happen to anyone in America regardless of race, gender or creed. This action by the County and finally by the Federal judge has caused plaintiffs in excess of 15 Millions dollars of appraised properties, their source of income, their income, and their ability to resume work in that industry with the reputation they had built and enjoyed coupled with the total extinction of their assets. Plaintiffs watched their property rights dwindled t to anihilation apparently no remorse and no recourse is left without the intervention of the Court of Appeal and the Supreme Court of the United States of America.


Would you call this a judicial oversight, judicial discretion or plain injustice?


We have begun to entertain the court of public opinion after properly contacting the higher powers in Government. The public should remember that it was the late President Ronald Reagan who once said " when it comes to property rights, the Government has never been the solution, but the problem." The order entered by the Federal Judge indicates a lack of corrective action from the court, and is considered as a Carte Blanche for the County to perpetrate further segregative policies and treatments that could easily jeopardize and undermine the fairness in civil rights policies sought by our current administration. Therefore, this matter must be looked upon in the political light also since it poses an apparent threat to our security as a nation.


This African American family needs the immediate assistance of the Appeal and the Supreme Courts desperately as their case stands in appellate court right now. This case, in Plaintiffs' view, is a State Interest case due to Plaintiffs' status as members of a "Protected Class" therefore, Strict Scrutiny must apply to pursue justice as a scrutinizing nation will be watching the unfolding of this case closely. You may contact the Plaintiffs at (240) 786-8637 or email them at mybafu@gmail.com.


Please leave us your comments or your support below.


This is a bog by the Plaintiff Sony Roy.