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Sunday, July 06, 2003
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Property Rights Case, Maine Update
From Stanley Scoop 07/05/03
Update In Maine
I've been busy writing briefs, etc. and will now give you an update as to
what is happening with my case. At this moment, I am waiting for the Maine
Supreme Court's decision of their stay of the writ of possession against
me. First, a little background.
June 4, 2003: My appeal of York County Superior Court Judge Paul
order (June 3, 2003) was docketed in the Maine Supreme Court. I appealed
his denial of my jury trial demand, pending litigation against the City of
Biddeford which was filed before the forcible entry & detainer against me
and his issuance of a writ of possession against me.
July 9, 2003: My brief due in the Maine Supreme Court.
June 5, 2003: I filed an Injuction in the Maine Supreme Court against the
issuance of the writ of possession.- no action taken.
June 19, 2003: I was served with a writ of possession
June 20, 2003: I filed a motion for emergency hearing for injunction
against the writ of possession
June 20, 2003: A protest was held in front of Biddeford City Hall; we
awaited the decision of the Maine Supreme Court on my Emergency
afternoon, I received word that a "stay" of the injunction was granted.
Maine Supreme Court Justice, Don Levy, stayed the writ of possession with
an order that I file a brief on or before June 27, 2003 which I did.
(attached) Tim Q. Ly's attorney was to file his brief on or before July 7,
2003 and I may file a reply brief on or before 11:00 a,m, on July 9th,
June 30, 2003 (Monday) : I received a letter from the Maine Supreme
Clerk, James Chute, stating that I must send 8 additional copies of my
brief to the court.
July 3, 2003: I submitted my additional 8 copies to the Maine Supreme
Court, in hand. My discussion with Marsha, a clerk in the court's office,
was total confusion on the part of the clerk's office. Marsha did not have
my file at hand and was totally confused as to the prodecure in this case.
She asked that I call the office later in the day when James Chute, Clerk,
would be in the office. As we spoke, Mr. Chute entered the office. I
stated that if this office was
confused about the procedure in this case, how could I follow the rules
and comply when this office was confused. I asked about my appeal,
docketed on June 4, 2003 and the court's requesting of 8 additional copies
of my brief in
response to Justice Levy's order, dated June 20th. I was told by James
Chute, clerk, that Judge Levy's order supercedes my appeal. The brief I
submitted, pursuant to Levy's order, has been added to an excellerated
list and IS my appeal. I questioned the rules of appellant procedure vs.
injunction, and was told that they do not have rules for every issue
presented. This court is considering my injunction as an appeal, but not
following appellant rules of procedure. I was told that Atty. Jens-Peter
Bergen has filed for an extention of time because he had previous vacation
plans and his son was home from college and needed more time. I filed, and
orally objected to the extension of time (attached), and mailed it out
As you will see, Atty. Bergen received notice on June 20th of Justice
Levy's order; that I sent Atty. Bergen my brief on June 27th, which he
should have received on June 28th and has had ample time to reply or
request an extension of time. He has had 10 days to reply and wants an
extension. I am ordered to reply to his brief within 24 hours or less. I
will reply! As an attorney, he is more qualified than I am and should NOT
be given an extension of time.
During my conversation with James Chute, Clerk of the Courts, I
York County attorneys have a habit of filing "whatever" on the weekend,
Fridays, or a holiday, such as this weekend. The courts are not open and I
am at a disadvantage. I mentioned that mail sent to me from the
neighboring town, which I should receive the next day, I don't receive
until 4 days later. I questioned Atty. Bergen's reply brief and what
happens if I do not receive his brief before July 9th. Mr. Chute said
"we'll cross that bridge when we get to it." I replied "I know there's a
bridge ahead and I want to have my canoe and paddle in order to "cross
that bridge." He replied again, "we'll cross that bridge when we get to
As it stands right now, my appeal is consolidated into this Emergency
Injunction" that I have filed. The Maine Supreme Court must consider my
original complaint against the City of Biddeford. Whether they will or
not, I don't know. I do know that I WILL DEFEND MY PROPERTY!
We are planning another rally in front of the Maine Supreme Court on
and/or Wednesday, July 7th &/or 8th. If you, and your friends, can be
there, it will benefit all people in Maine and throughout this United
States! Please contact me if you, and others, can participate.
Please let me know if you have received this e-mail.
posted by Vetzine