Legal Funeral For "Old Majority" In The Jordan Neighborhood--The Fat Lady Didn't Sing, But It's Still Over

Stock photo and blog post by John Hoff

Cinco De Mayo was even happier than usual in the Jordan Neighborhood, as word came of the long-awaited resolution of the "Old Majority" vs. "New Majority" lawsuit, in which some ousted members of JACC ("Old Majority") brought an ill-conceived lawsuit to court following their un-election in board elections and much-deserved replacement by the pro-city, pro-revitalization, anti-thug hugging "New Majority" faction, at that time led by Kip Browne and Ann McCandless.

(As of today, the Jordan Neighborhood is arguably in the "New And Improved New Majority" phase, due to having board elections yet again)

Johnny Northside Dot Com has reported on this Jordan neighborhood controversy more than any other media entity, from the ouster of the old JACC officers, to the shocking theft of equipment and records, to day-by-day accounts of the court proceedings, (including Peter "Spanky Pete" Rickmyer being removed from the court room) to the Old Majority beating a humiliating retreat and not even showing up at their own legal funeral.

Now, at long last, cruel fate comes down like the dark, crusty blade of an executioner's axe. Cue the music. It's time to hear the fat lady singing the strains of O! Fortuna!

Here's a link to the PDF of the Judge's order, click here.

Read 'em and weep.

I talked to one of the movers and shakers in Jordan who gave me some commentary on the order, as follows...

First of all, this is a medical textbook case of "I told you so." From Day One, the leaders of the New Majority faction--folks like Kip Browne and Anne McCandless--were saying "You don't get to just run to court." This lawsuit was ill-conceived, badly revised, and ill-executed. It was the legal equivalent of running with scissors. Well, looks like somebody tripped, fell, and stabbed oneself.

In this case, the order keeps referencing the "derivative claims" issue which means, basically, "Which entity has the right to bring the claim?" Looks like it sure wasn't the Old Majority!Ouch. Dead in the water on the issue of STANDING? Somebody didn't do enough legal homework. Doing a lawsuit when you don't have STANDING is like trying to drive a car without CAR KEYS. I guess it happens from time to time...mostly to drunk people. At least such a put-it-down-it's-lame lawsuit made everything relatively easy for the judge and, let's face it, after sitting through all those days of testimony in a lawsuit which turned out to be PRETTY MUCH STUPID AND POINTLESS, Judge Porter deserved a break.

In court rulings, judges tend to dispose of claims by the easiest route, just like you might take your trash to your back alley by the shortest, easiest route and not go all the way around the block. So if there is a question of lack of jurisdiction (like "Spanky" Pete Rickmyer's so-called lawsuit against me, which he has not yet managed to serve) or a question of standing or the statute of limitations or any other easy way to dispose of the case, a court will tend to dispose of the case that way. Here, "derivative claims" presented an easy route to junk something which was clearly junk. The "Old Majority" should have tried to work things through with the board, not just dashed to court with a lawsuit. JACC should have been given an opportunity to figure out how to resolve their own issues. Oh, and the plaintiffs had their opportunity to participate by running for election. They chose not to.

At least they have a better idea when they will win an ELECTION versus a LAWSUIT.

As the court put it so well--I'm paraphrasing, here--the subjective perception of futility is NOT the legal standard for bypassing one's duty to try to resolve stuff outside the courts, through the administrative systems which are already in place.

Oh! The legal batter hits the lawsuit ball and it's going...it's going...it's gone, it's out of the park, and the New Majority is triumphantly running the bases. Picture them running the bases and scoring at home plate: Kip Browne, Anne McCandless, Tyrone Jaramillo, the whole cast and crew of the New Majority.

TAKE A BOW, New Majority, TAKE A BOW.

As for the Old Majority...

Too bad, so sad, and when will Ben Myers be removing the stuff on his website where he calls himself the JACC Vice Chair? I checked a few minutes ago. That junk is still there. Is Ben going to correct his website before somebody files a complaint with the Minnesota State Lawyers Responsibility Board? I kind of doubt it.

Oh, by the way, this court order would tend to show that when the Johnny Northside blog reported on the stunning lack of merit in the Old Majority's legal case, that reporting was (how shall I put it?) closer to CRYSTAL PURE OBJECTIVITY than the Old Majority had the self-knowledge to candidly admit. The court order talks about UNCLEAN HANDS. Who has those unclean hands? Well, exactly who you'd expect.

How did the hands get dirty? Well, for starters, from PUNCHING A BOARD MEMBER.

Shame, shame, shame.

Despite the ease of the legal ruling, (direct and derivative claims) the order contains EXTENSIVE findings of fact. And guess what? If there's an appeal, all the findings of fact are what the plaintiff is stuck with. You can't dispute on appeal what's been found to be fact in the ruling of the lower court.

An appeal? Ha. Good luck with that.

All in all, Cinco De Mayo was a perfect day for this ruling to hit the streets, because win or lose it was TIME TO DRINK LIKE A FISH.

I propose a toast! To a new day in North Minneapolis, led by a New Majority.

(Blogging from Athens, Georgia, named after Athena, Goddess of Wisdom)