Lawsuit Against Community Board 9
and Members of CB9 Bklyn – 2016
Directions on how to read lawsuit
There are two parts to this lawsuit.
First are the actual behaviors that have occurred, starting with harm (Prejudice) done to the Community and proceeding with Violations of Laws. This is from 1 -5 Cause of Actions.
The second part is from 6-12 Cause of Actions, which are the demands that we have. The evidence is not included but can be reviewed at Brooklyn Supreme Court, Index Number is 1835/16. The evidence contains over 200 pieces of affidavits, documents, emails, Borough President documents, photo’s, transcripts of meetings and (video links, some which are embedded here).
Also at the beginning is called Background, it gives some basic information about rezoning and the intention of CB9 and Department of City Planning in our community.
The Petitioners are Alicia Boyd, Pamela Yard and Janine Nichols.
The defendants are Terry Witherspoon, employee of CB9, Demetrius Lawrence, Chairman of CB9; Michael Liburd, Chairman of ULURP and 197a committees; Tim Thomas, board members of CB9 and Warren Berke, chairman of the Economic Committee.
These members have been named because we are asking that they be removed from the board.
The Case was filed on February 17, 2016 and papers were served on the same day. The return date is for sometime in March but will be changed, once a Judge is assigned to the case.
TABLE OF CONTENTS
Background on Rezoning, Studies and Empire Blvd Rezoning
A Hostile Take Over of the CB9 Executive Board
First Cause of Action – Prejudice Done to Community Residents
(includes Tim Thomas, Warren Berke, Michael Liburd)
Second Cause of Action – Violation of City Charter
Third Cause of Action – Violation of the Open Meeting Law (OML)
Fourth Cause of Action – Violation of FOIL 67
Fifth Cause of Action – Violation of CB9 Bylaws71
Sixth Cause of Action – Declaring Null and Void the Second Letter to (DCP)
Seventh Cause of Action – Removal of CB9 Board Members
(Includes Michael Liburd, Tim Thomas, Warren Berke, and Demetrius Lawrence)
Eighth Cause of Action – Voiding of CB9 Bylaw Article 8.2 and 8.7c
Ninth Cause of Action – Creation of Fair and Equitable Policy
Tenth Causes of Action – Board Members Training
Eleventh Causes of Action – Declaratory Judgment
Twelfth Cause of Action – Permanent Injunction
CASE LAW (not include on website)
NYC Charter Chapter 70 – City Government in the Community
Public Officers Law Article 7 – Open Meeting Law
Public Officers Law Article 6 – Freedom of Information Law
By-Laws of Community Board 9 – Borough Of Brooklyn
Guide to Parliamentary Procedures for NYC Community Board – Part 4
Robert Rules of Order – RulesOnLine.com
NYC Mayor’s Community Affairs – About Community Boards
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