UPDATED (9:23 p.m.)—The Baltimore County Board of Elections ruled that petitions to referendum zoning decisions in two council districts will not be placed on the 2014 ballot.
Baltimore County Elections Director Katie Brown wrote in a decision issued Tuesday afternoon that while opponents had collected the required number of signatures, the petitions were legally deficient.
Andrew Bailey, an attorney for the county Board of Elections, reviewed five challenges to the petition filed by attorneys representing Greenberg Gibbons, the developer of the proposed Foundry Row project on the grounds of the old Solo Cup factory.
"I believe that the form of the petition, as circulated to potential signers, was insufficient to alert them to what exactly they were being asked to petition to a vote," wrote Bailey.
Bailey ultimately sided with County Attorney Michael Field who, in a letter, challenged the referendum effort on the basis that the petitioners failed to provide voters copies of the maps of the 78 zoning issues covered in the bills.
David S. Brown Enterprises and The Cordish Companies are seeking to overturn bills that rezoned nearby properties that could be redeveloped and ultimately compete with their projects.
Brown is the developer of Metro Centre at Owings Mills which is near the former Solo Cup plant that is to be redeveloped into a shopping center called Foundry Row. That project would feature a Wegman's grocery store as its anchor.
In Middle River, Cordish is opposing the redevelopment of the Middle River Depot. The depot, if redeveloped, could result in Walmart leaving its current location in the Carroll Island Shopping Center and moving to the new depot location, Cordish said in July.
Cordish owns the Carroll Island Shopping Center.
No county law, much less a zoning bill, has ever been petitioned to referendum in Baltimore County.
The developers paid $225,000 to collect 170,000 signatures to place the two bills on the 2014 ballot.
Councilwoman Vicki Almond, who represents the district where the Solo Cup property is located, said the board's decision was correct.
"How can you explain this complicated bill to someone in a parking lot in five minutes or less?" Almond said. "You just can't do it."
Stuart Kaplow, an attorney representing the developers challenging the zoning bills, said the board of elections misinterpreted the law.
"The insistence that the County Charter some how requires petitioners to do what is not only impossible to do but is also contrary to state law is wrong," Kaplow said. "Claiming 78 pages of zoning maps should have been attached to the petition is clearly wrong."
Kaplow said his clients are likely to file for a judicial review of the board's decision in Baltimore County Circuit Court.
That challenge must be filed within the next 90 days.
Ruth Goldstein, a coordinator and founding member of Don't Sign it, said a successful petition effort would circumvent the county's quadrennial rezoning process.
"This is the way it's always been done," said Goldstein, whose group opposed the petition drive. "There was a very open, public process for people to voice their opinions and people overwhelmingly voiced their support for this."
One opponent of the Solo Cup project called the board's decision "disappointing but not surprising."
"The fix was in from the beginning," said Shirley Supik, a member and leader in the group Say No to Solo. "The fight was really over openness in government and fairness to the people.
"Once again, the voice of the people will not be heard," Supik said. "We collected 170,000 signatures from county voters and that tells me the people want to be heard."
RES
4:10 pm on Tuesday, February 5, 2013
Good.
Ronald Lee Wright
7:02 am on Wednesday, February 6, 2013
http://baltimorecountypoliticians.com/ Go after the money.
RLW Merritt Park Baptist Church
Merritt Park Baptist Church owns part of the Lynch Run Cove, and our part is NOT for sale. Will Rogers said it best, "We have the best Politicians that money can buy".
Christine
4:17 pm on Tuesday, February 5, 2013
Legally deficient as in the fix was already in. This is outrageous!
Rosebud
4:27 pm on Tuesday, February 5, 2013
What exactly does "legally deficient" mean. We need an explanation.
Joan Wood
4:30 pm on Tuesday, February 5, 2013
What the heck does that mean???
Donna Boecker
4:34 pm on Tuesday, February 5, 2013
Keep up the construction for Wegmans, please! Thank you!
Matt Walton
4:42 pm on Tuesday, February 5, 2013
It means we have a government, by the government and for the government.
Big T.
4:46 pm on Tuesday, February 5, 2013
Let's play the political game, with the good ole Boys of Towson. They will tell you anything to put you off their trail of " do as I say not as we do". Their hope is that the public will forget all about this in the near future and to some back door politicing.
Richard Parsons
5:36 pm on Tuesday, February 5, 2013
I'm not in favor of the vagueness of the response (an explanation is definitely needed!), but she made the right decision. The zoning board exists to make decisions on zoning. I know that's a "well, duh" statement, but then here's this: If we the people want to vote on all zoning decisions, then why do we have a zoning board? Our country works because we have representatives working for us in every part of our country from BaltCo zoning boards, to Annapolis, to D.C. Changing America into a democracy is a recipe for failure. On a very simple and basic level, that's what killed Greece and Rome.
Tom Bolander
6:55 pm on Tuesday, February 5, 2013
Latest rumor has it that using cups made of lead may of caused the Fall of the Roman Empire!
Linda prettyman
8:40 pm on Tuesday, February 5, 2013
Get a life you must have a friend or relative on the board. The kids needs the government center and the community needs the drug and alcohol education program in this area. That the zoning board is trying their best to shut down both. So how is the decision good.
Ann Miller
9:42 pm on Tuesday, February 5, 2013
Richard, the petition process in no way "changes America into a democracy". Petition rights exist for the cases when our representatives fail us. It is the people's Constitutional veto over the legislature and allows us to take our place in the system of checks and balances.
Maryland
5:46 pm on Tuesday, February 5, 2013
Rather than take the easy way out and consider this another government conspiracy to restrict the rights of the voting public, let's consider what really happened here. Two developers (Brown and Cordish) resorted to a referendum campaign after fighting losing zoning battles against neighboring properties (Foundry Row and Middle River Depot). In the case of Brown, the push for a referendum came only after months of increasingly desperate tactics that produced zero public support. They hired a petition group that has committed fraud all over the country, so I'm certainly not surprised that the Board of Elections found similar problems here. They were only able to get signatures by lying because A) those close to the projects supported the rezoning, and B) those elsewhere in the county really didn't care and would sign under the guise of "voters rights". These petition gatherers will always be relentless in collecting the mass quantities of signatures for whatever cause they are hired to support, because that is how they are paid. In this case, the Board of Elections apparently found that their petition was illegal, which should come as a surprise to no one considering the funding source and the lack of public support for their cause. The Citizens for Zoning Integrity turned out to be the Developers for Zoning Reversal.
All the Gay Children of the World
9:17 pm on Tuesday, February 5, 2013
this entire process was unethically carried out. the petion carriers lied to any one wiing to listen until they signed. As voters we need to ask what is this about. Then we need to say "I'm going to read about htis before I sign anything. Then go get yourself educated. Other wise we will be handing out country over to anyone who can afford to pay for a petition process. We need to get money out of politics. http://getmoneyout.com/
Ann Miller
9:50 pm on Tuesday, February 5, 2013
Maryland, it appears that ultimately, the system worked. While I passionately defend the people's right to petition, corrupt abuses of the process hurt the people. It is voter's duty to look at the bill summary on the back of the petition form and understand what you are signing before you sign. It's irrelevant how "relentless" petition circulators are. They present the petition for signing, and the voter says yes or no, just like they do at the polls.
moe green
5:51 pm on Tuesday, February 5, 2013
Follow the money.
In Baltimore county, we have the best government money can buy.
The difference between a politician and a whore? With a whore you know the cost up front.
Big T.
5:56 pm on Tuesday, February 5, 2013
My wife and I attended every meeting reguarding zoning on our property. We were not asking for any changes but rather a council member who thought that ha had the right to mess with our zoning on our land. We would have been willing to meet with this person to inform him that we never had intentions of selling, now we have lost major value and stiil don't want to sell.
So to the saying, By the people, for the people, yea right !!
Jeannie Abramson
5:58 pm on Tuesday, February 5, 2013
Good! People who signed the petition were grossly misled as to what they were signing.
rod hart
9:51 pm on Wednesday, February 6, 2013
I disagree. The folks opposing the pertition still do not understand what happened. The opposition to the Board decision was significant, the people's petition is now being ignored, what next. I say it is time to vote THEM all out of office. If we can't get to the bad guys, vote the folks who appoint them out of office.
Neily j
6:20 pm on Tuesday, February 5, 2013
GOOD!!!! Howard brown couldn't buy a law!!!! Ask anyone renting from him what kind of person he is!!!!! Now he can worry about his red metal garbage he likes to place in front of his crappy real estate!!!!
Tom Hope
6:05 pm on Wednesday, February 6, 2013
I'm sure his tenant Sen. Bobby Zirkin has nice things to say about him.
Blue Alpha
7:54 pm on Tuesday, February 5, 2013
This ruling is the County just protecting the County. The courts will decide this issue and this case may just delay any construction at Wegman's even more. What we do know is Councilwoman Almond has now put the County in the position of defending three potential lawsuits from her CZMP decisions - Solo, Chestnut Ridge and Greenspring Station. Unfortunately, this is the result of her inexperience and failure to try to force compromises. You can complain about CE Kamenetz all you want but in his 16 years, I don't think his CZMP decisions ever lead to a lawsuit against the County. In these tough budget times, it is a shame the County law office will have to spend tens of thousands of dollars on legal matters regarding one sided zoning decisions.
Maryland
9:32 pm on Tuesday, February 5, 2013
If by "one sided zoning decisions" you mean supported by every local community group and passed by a 6-1 vote, with the only nay from Ken "Let me check with Howard" Oliver, then I agree 100%. Also, the developers behind the referendum shoulder 100% of the blame for the county incurring these costs. Almond was simply acting in her constituents best interests, which just happened to conflict with the community's biggest bully.
Glen
8:50 pm on Tuesday, February 5, 2013
Given the sparse documentation in the Patch article, it seems the above comments are confusing many different zoning issues. In the case of the fraudulent petitions, I think the Board of Elections was right. I was accosted on numerous occasions by the petitioners' representatives and refused to sign based on the misleading and outright lying they presented. Is there no legal consequence for the individuals involved, including the persons who financed this fraud?
Blue Alpha
9:42 pm on Tuesday, February 5, 2013
Maryland - 6 to 1 - really - that's the biggest joke of the year - councilmatic courtesy results in 7 to 0 for almost every issue. I'm sure several councilpersons would have preferred to vote no on this issue but chose to just follow the courtesy rule. If you're going to comment - at least make your comments credible. If you're calling Howard Brown a bully - why don't you ask most of the charitable institutions in Baltimore who would they rather have support from - Brown or Gibbons. I don't see Gibbons giving away millions to better our community. Finally, I'll agree that the developer's should pay for the costs as soon as you agree the communities that fight other projects should pay for those costs. Why one set of rules for developers and one for communities?
Maryland
6:41 am on Wednesday, February 6, 2013
I'm sure you have something, anything to back up your assertion that "several councilpersons would have preferred to vote no" on the issue. No? What do charitable donations have anything to do with hijacking county government to squelch competition? So, you're saying building a hospital wing gives you veto rights over competing projects in your backyard? Laughable. And we aren't talking about different sets of rules for developers and communities. If there were true grassroots opposition to these projects, developers would not resort to misleading and illegal petitions as a last ditch effort to sway the community. If the communities themselves didn't support these projects, they probably would not have been rezoned, and even if they were, it would have been easy for a referendum petition to pass without having to resort to fraud to collect signatures.
Chuck Burton
10:35 am on Wednesday, February 6, 2013
Do you realize that, if this referendum was legitimatized, EVERY zoning decision would be subject to referendum in the future; and that every two years, voters would have a MASS of special zoning questions to wade through at the polls? Do you really want that? Do Brown and Cordish really want that? Talk about someone's actions biting themselves in the butt...
Shirley Supik
4:16 pm on Wednesday, February 6, 2013
I stood in line for 5 hours to vote last year and I would gladly wade through as many zoning issues (or any other issues) that need be to make sure the right decisions were made. When you vote someone in, your duty does not stop there. You must watch over them to make sure they are making the right decisions for everyone, and when they are not, there has to be some process to stop them. As we have all seen in the past, by the time corruption is discovered, the damage is done. That is why, if we the citizens are doing our job, we can stop the process before the damage is done. The decision by the Election Board only enforces the reason for the referendum. The CZMP is broken and Baltimore County doesn't want it fixed. It is ludicrous to think that 170,000 signers were dupped, misled, hypnotized or mesmerized into signing. Every community I visited from Catonsville to Dundalk was screaming that the communities were not being considered in the CZMP and were asking if we couldn't start a referendum for them in their area. If the people had had their way, every CZMP decision across Baltimore County in all the districts, would have stopped. The people are sick of it and that is why 170,000 people all across Baltimore County signed the referendum.
Chuck Burton
4:52 pm on Wednesday, February 6, 2013
Remember that Mrs. Supik is the person who led the group in favor of Mrs. Brown and Cordish and the Owings Mills Mall owners. Not exactly a disinterested person, hmmm?
Tom Hope
6:23 pm on Wednesday, February 6, 2013
Shirley,
Having been approached several times by the petition I can speak to the information given when they asked me to sign. The people were uninformed on what the petition was actually for and what the referendum truly would address. As for taking it to Catonsville, Dundalk and various other communities, I ask you what do they have to do with a zoning issue in Owings Mills. You sold this to them with the scare tactic that a zoning issue could come to their community and if they didn't stand up and sign for this one you wouldn't be able to help them with their community zoning issues. Effective in getting 170,000 signatures but legally deficient to represent the affected communities. I have heard you present your side and have found you don't let relevant facts and truths get in the way of your objective.
rod hart
9:56 pm on Wednesday, February 6, 2013
Give them Hell Shirley! The more this stuff is expose the greater the chance voters will fulfill their obligation to cleanup and protect our form of government. The Zoning process in Baltimore County is just plain corrupt and it has been that way for years. Wake up people.....
Andrew S
11:59 am on Thursday, February 7, 2013
Tom - the project in Owings Mills will result in the intersection of Painters Mill and Reistertown road (the worst in the State as noted by multiple politicians and the state) to be redone. The cost of that will be in the millions of dollars what will come out of all of our pockets not just those in Owings Mills. Say hello to higher taxes. Do you really want your taxes going up so that Gibbons can build his dream Mall on Reisterstown Rd. and make the gridlock of traffic even worse? Open your eyes and stop smelling the Wegmans and Gibbons coffee your drinking.
Tom Hope
12:07 pm on Thursday, February 7, 2013
Andrew, if this intersection has already been identified as one of the worst in MD by officials than it most likely is already slated for the improvements. Perhaps the development of the property could include improvements by the developer. As for paying higher taxes, that is a fact of life I deal with just by living in MD.
Chuck Burton
4:38 pm on Thursday, February 7, 2013
Andrew S, the developer, Gibbons has pledged $10 million for improvements to the intersection of Reisterstown Rd and Painters Mill, as needed to better the traffic flow into and out of Foundry Row, including a new lane on each road, on property they will contribute to the county or state, as well as a new road next to the railroad back to Walmart. Granted, this will not totally solve the problems of that intersection, but that will require a total rebuilding and widening of the entire Reisterstown Rd, which is a state responsibility.
Big T.
6:35 pm on Wednesday, February 6, 2013
As far as the comment reguarding some council members going with the " Flow" I must agree. When zoning issues were going on in Perry Hall no one on the council spoke up as to the legallity of what was going on. Instead they did the, buddy needs a favor, deed by sitting back and giving the votes needed for this to happen. Not one member questioned this action or the outcome of it. Maybe on the next election we should vote in new persons instead of ones used to lying to the public.
Chuck Burton
10:06 am on Thursday, February 7, 2013
You have to remember that ALL politicians are liars - they can't get elected without lieing through their teeth. The thing is, we the people chose a system of liars instead of an autocracy, but we got an oligarchy of liars instead. The only recourse we have is to vote out one bunch of liars and vote in another bunch.
Karl
9:51 pm on Wednesday, February 6, 2013
Regardless of the issue, petitioning is legal. The county has admitted there are enough signatures. Signing a petition without understanding it is not a requirement. People vote for candidates and bond issues without understanding them. Should we invalidate their votes too?
rod hart
10:03 pm on Wednesday, February 6, 2013
Karl,
You are right on. Half the folks who voted in the last Presidential election still do not have a clue what they were voting for. Some political groups have actually prospered by creating a smoke screen to hide their deeds. Do we negate those elections?
Shirley Supik
11:26 am on Thursday, February 7, 2013
Mr. Hope, Quite trying to make this only about Owings Mills and Dundalk. This referendum is about the entire county and the lack of community caring exhibited by our elected officials. This is about the whole CZMP process. In every part of Baltimore County, the people feel cheated. By rights, the entire CZMP should have been stopped in its tracks whereby no new development would start until every issue was picked apart and the people were heard and taken seriously; but that would have been a real hardship for the county; so only two were picked. Now that I see what has happened, I know a referendum was the right thing to do and this new development by the Election Board really drives home the point........Baltimore County just doesn't give a damn about giving their constituents a voice in their government. They didn't care about 9500 and they don't care about 170,000.
Tom Hope
11:54 am on Thursday, February 7, 2013
Shirley, Once again you choose to pick some facts to bolster your point and ignore others. How you pose this noble cause for the entire county while all the time campaigning with misleading information to get your petition signed. If the process is broken then take appropriate measures to fix the process. Don't go to other districts to get more than 60% of the signatures from people that this rezoning decision didn't directly effect. Let's not forget how you have called for transparency in the legal process yet have refused to disclose what entities have funded " Say-No-To-Solo". I realize keeping this Owings Mills & Dudalk zoning issue about Owings Mills & Dundalk doesn't forward your agenda but don't you dare use them as a Red Herring for your personal agenda
Chuck Burton
4:48 pm on Thursday, February 7, 2013
Shirley, you may be at least partially correct in saying the whole CZMP process needs review and change. Why, then, didn't you call for a referendum to do that, instead of concentrating on two relatively minor projects, to the benefit of a couple of local developers? Hmmm?
Shirley Supik
11:59 pm on Thursday, February 7, 2013
Tom, You obviously read what you want to into things, you have nerve talking about red herrings. Didn't I just say all of Baltimore County was screaming fowl. And all of Baltimore County wanted something done about the process. And Chuck, these were hardly minor projects. In the beginning, we had considered closing down the whole county, but the idea was to make a statement, not cripple all of the county. We concentrated on the most aggregious developments and Council Members and worked on those districts. Councilmanic Courtesy must be stopped at all cost. There were a couple of small developers I spoke to in those districts and apologized for holding up their projects if it made the ballot. Their response to me was, "Go for it. You are right, the process is broken." It came as a real shock, but again let me know we were doing the right thing. And Tom, you still don't understand that my mantra has always been the same, let the people have a voice through out the county. And lastly, you won't find one person out there who will say I misled them. I wore a label saying I was a petitioner. I had a map of district 6 and district 2. And I had the CZMP listing of all the properties in those two districts. I gave the people the facts and they stood in line to sign. You can continue to spread the propapganda that we misled the signers, but you are the one who is trying to mislead, not me.
Tom Hope
8:27 am on Friday, February 8, 2013
Shirley, please point out what "propaganda" I am spreading. I pointed out that majority of you petitioners were either not informed, misinformed or just making up how they were explaining the petition. The free bottles of cold water on hot days, free snow cones and the explanation that the petition was for Weagmans to be built at the Mall were all real methods used to gain the signatures that Say-No-To-Solo used. You are the head of the Say-No-To-Solo coalition so therefore you are responsible for their actions. I am not making that up. These issues were pointed out at town meetings and yet I'm sure on the specific instances that were given the signature gathered from them were still submitted. To date I have yet to see where you or Jeffrey have disclosed where the funding for Say-No-To-Solo has come from. Keep in mind Mrs. Supik that myself and the others voicing their opinions that don't agree with yours are people that live in the community. We're not from Catonsville, Parkville et al. Looking at the article released today on Patch the community organizations like ROG and others agree with the decision the Board made. Are you going to listen to those people's voices? Lastly , as for finding a single person you mislead, I and all the readers of this blog have been mislead by you. I suggest you go back and read your prior posts from when this all started. I have. In fact I am going through all of them and noting the discrepancies and propaganda. I will post my findings.
Maryland
10:18 am on Friday, February 8, 2013
Shirley, I know for a fact that you did not have the zoning maps with you when you were collecting signatures in front of the Safeway at Garrison Forest Plaza. In fact, you approached a friend of mine and gave him a copy of the petition (with no maps) to take home to have his roommates sign it. You then told him to just make up names if he couldn't get his roommates to sign it, and you gave him your cell phone number and said you would come pick it up if he filled the sheet. No wonder this petition was thrown out. If this was all about "fixing" the CZMP, why wasn't that your "mantra" back in May when Kimco first hired you? All you could talk about then was saving Owings Mills Mall and convincing Wegmans to go there. From the beginning, your statements have always echoed whichever developer is funding the fight at any particular time.
Chuck Burton
11:01 am on Friday, February 8, 2013
Shirley, according to the article above, the two developers paid $225,000, trying to derail the two projects. I presume part of that went into your pockets, and rightly so, as you did a job of work for them. But I hope you kept good records and have a good tax-man who can satisfy the IRS as to the legitimacy of it all, or you may be in for some difficulty. Good luck! But it undermines your position as a petitioner without a financial interest in the matter. You should enter politics... maybe you are.
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1:18 am on Friday, February 8, 2013
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Shirley Supik
1:37 pm on Friday, February 8, 2013
Dear Maryland, Let's get this story straight. Your (Plant) friend Jack C. I remember very well because he begged me for a copy of the petition. I did NOT tell him to make up names. He told me he had alot of friends and roommates that did not want Foundry Row and they would be happy to sign. He did not want to see maps or hear what I had to say or even sign the petition. He just wanted a copy so he could take it back to G. Gibbons to post on his website. I know, because I watched for it to come up after Jack C. got it from me. I told him I would not give him a copy unless he signed. I did that so I would have a name to remember and yes, I gave him my real phone number, after all, he was the one lying, not me. You Mr. Maryland, sound too much like a lawyer or an employee of or member of the G.Gibbons fan club.
Maryland
2:49 pm on Friday, February 8, 2013
So everyone is paid by developers except yourself, right?
Buck Harmon
3:01 pm on Friday, February 8, 2013
Another very fine example of corrupted government functioning at it's very best....corruption must have it's rewards...fox does guard the hen house...
I applaud the effort of Shirley Supik...we need many more like her..
Tom Hope
4:41 pm on Friday, February 8, 2013
Buck, Do you condone the misleading tactics Say-No-To-Solo lead by Shirley use?
Not to mention her hiding where her funding came from. Although since this article shows "The developers paid $225,000 to collect 170,000 signatures to place the two bills on the 2014 ballot." No one could get Shirley to admit she got the money from there. Or do you agree that we have a broken Government system?
Buck Harmon
6:23 pm on Friday, February 8, 2013
Tom, I believe that if the required signatures were obtained to have the issue placed on the ballot, that the issue should in fact be placed on the ballot...real simple..
If there were any legitimate laws broken during the process of acquiring these signatures, the party that broke the law should be prosecuted and held accountable... equally as simple. ... I respect the question and challenge to local government decisions ...and so far the government behavior of ignoring the fact that the required signatures were legally obtained is lacking...I would say that the government is misleading with this decision....and I really don't have the passion to care about the way this turns out either....just responding to the way that I see it play out..
Tom Hope
6:53 pm on Friday, February 8, 2013
I hear what you are saying Buck. The thing is the petition process is controlled by rules and not by laws. And although SNTS presented 170,000 signatures the process they used did not follow the rules. No laws broken just rules not followed. No need to prosecute anyone the rules say the petition is found to be invalid. The information is there to be reviewed. You can see what is required for the referendum process and what was delivered. I will not tell you it is so to try and convince you, you can see for yourself. I am no big fan of the 1 party government we have here in MD but, I will not let someone else with a personal agenda lie and manipulate facts supposedly in the name of the people. I know what I was told by these folks pushing these petitions and Shirley Supik cannot tell me any different nor say I didn't.
Chuck Burton
8:18 pm on Friday, February 8, 2013
Have those 170,000 signatures been verified? Who pays the cost of verification - the taxpayers? Those who aquired them? As a taxpayer, I would somewhat resent tax money being spent to verify something that was to the potential financial gain of an outside party.
Tom Hope
8:57 pm on Friday, February 8, 2013
Hey Chuck, Shirley says they're all good. Isn't that good enough for you? But seriously, that responsibility falls under the responsibility of the Board of Elections. I encourage all to go to this link: http://www.elections.state.md.us/pdf/6-201-3a.pdf and see what is necessary for a legitimate petition. I can say with reasonable confidence the rules were not followed by SNTS. All the documentation for the rezoning was to be attached to each petition signed. I see no provisions for there to be a fee to be paid by the petitioner. That would mean it is taxpayer funded. I guess I will be accused of being a law partner for Gibbons if I keep looking into things and spreading truths.
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