Harden & Brown vs COJ

[Jimmy]

Everybody's favorite above-the-law lobbyist has taken the must-win case of above-the-law Dick Brown to open the At-Large Group 2 ballot to anyone and everyone who lives within the Group 2 boundaries.

I'll be back to offer a more detailed legal analysis of the complaint and supporting documents.

You can read it for yourself by clicking here and downloading the PDF.

On first glance, it appears Mr. Brown is hanging his hat on the flawed premise that Mr. Jabour resigned from the Jacksonville City Council on 2/28/08. Stay tuned...

[Diane Melendez]

Pretty simple. He didn't resign. Period. They are desperate to get a crony, yes man into that seat. It doesn't surprise me.

[Jimmy]

There's a little thing in the law we like to call res judicata.

I don't understand how they can re-litigate matters already ruled on by Judge Nachman. I would argue that it's the same factual situation and the essential parties are the same.

I bet there are motions being furiously filed as we "speak."

[rpschutt]

This is just the latest blatant example of how certain individuals within this city truly believe deep within their souless beings, that they can run roughshod over the rule of law. They truly believe it doesn't apply.

We don't need Dick Brown again. He's a re-tread who got his wife elected when he couldn't run again and now he's looking to get back in the mix.

[Colony Jax]

Res judicata requires same parties, same issues. This is not going away on that ground.

[Jimmy]

I know, I know. However, there is a standing Order on the question of who is eligible to take part in the election.

[Diane Melendez]

I am glad you guys are here to help us understand this latest legal move. How does suing the council help him. Also, Since Jabours appear was dismissed and he was ordered out by the court, how can they begin to claim he was fired. Input from our legal eagles on this please.

[Colony Jax]

This is how I understood it and attempted to explain on CJ. Anyone correct me please if I got this wrong:

The Complaint speaks for itself and so requires no real analysis. Basically, Harden is saying that Jabour resigned before the 1st DCA's order upholding Nachman's ruling become effective, and Nachman stayed his own order until the appeals process had been exhausted, thus creating a window for Jabour to resign instead of having his election actually nullified.

Therefore, pursuant to Jacksonville City Ordinance, a vacancy must be declared. This was duly done by the City Council. However, Brown's complaint is that the Resolution announcing this vacancy improperly limited the election to only Harms and Graham, thereby excluding any other candidate (i.e., GOP approved candidate, which Graham clearly doesn't qualify as) from running.

[Diane Melendez]

But......The council seats are decided upon party. They are kind of non-partisan office. So why would having a party endorsed candidate even be of concern?

[Jimmy]

Originally Posted by Colony Jax

This is how I understood it and attempted to explain on CJ. Anyone correct me please if I got this wrong...

You got it right by my score. But the essential element is that, as reference by the Council in its own legislation, on page 3 of their bill, the Circuit Court has already fixed the names of the candidates as being Harms and Graham.