{"id":404,"date":"2019-08-07T22:30:45","date_gmt":"2019-08-07T22:30:45","guid":{"rendered":"http:\/\/develop.mtopp.org\/?p=404"},"modified":"2020-06-20T23:05:44","modified_gmt":"2020-06-20T23:05:44","slug":"we-did-it-we-packed-the-courtroom","status":"publish","type":"post","link":"https:\/\/mtopp.org\/index.php\/2019\/08\/07\/we-did-it-we-packed-the-courtroom\/","title":{"rendered":"We Did It! We Packed The Courtroom!"},"content":{"rendered":"\n\n\n
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We Packed The Courtroom Standing Room Only!<\/span><\/h1>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n

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Image Credit: Brooklyn Eagle paper<\/em>
\nA Packed Courtroom Makes a Difference!<\/em> <\/p>\n

On Friday, August 2, 2019,<\/strong> the people came out to the Courthouse <\/a>to support the effort to stop the rezoning along the Brooklyn Botanic Garden<\/strong>. \u00a0By 10 am there was standing room only in the courtroom,<\/strong> with everyone wearing flowers <\/strong>in their hair,\u00a0in their breast pockets or lapels.<\/span><\/p>\n

The ages ranged from 6 month old babies to seniors<\/strong>, with every ethnicity represented. \u00a0It truly looked like\u00a0Brooklyn had come to see that Justice was Done! \u00a0Almost a 100 people showed up<\/strong> and stayed to ensure the Judge was fair and unbiased towards us<\/strong> and it worked!!<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n

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Image Credit: Anne Pruden<\/span><\/p>\n

Court Determination<\/strong><\/span><\/h5>\n
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Instead of having the Hearing on the City’s and Developers’ Motion To Dismiss <\/strong>and our Motion For Discovery<\/strong> (requesting more documents because facts are being disputed) the Judge granted the Developers their request of a\u00a0Traverse Hearing<\/strong>.<\/span><\/p>\n

However, he also granted us at least a month to prepare<\/strong>, for this hearing where as previously <\/strong>we have had\u00a0time tables <\/strong>that have not been in our favor. \u00a0<\/strong>The developers and the City want this lawsuit to be over quickly,<\/strong> so that they can move forward<\/strong> with the larger development<\/strong><\/a> being proposed along the Brooklyn Botanic Garden.<\/strong><\/span><\/p>\n<\/div>\n

Traverse Hearing<\/strong><\/h5>\n
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One of the most important aspects of a lawsuit is to ensure that the parties<\/strong> that are being sued have been notified. \u00a0<\/strong>However, it isn’t enough to prove<\/strong> that a person or entity got the papers or has been notified, the way that you have to notify them is very important,<\/strong> because if a they were not notified according<\/strong> to the law, the case can be thrown out.<\/strong><\/span><\/p>\n

Of course there are always exceptions <\/strong>to the rules regarding this rule<\/strong>, but one has to prove<\/strong> either that they followed the letter of the law<\/strong> when serving or that there were mitigating circumstances<\/strong> where they could not but the service should still be upheld.<\/strong><\/p>\n

At a Traverse\u00a0Hearing\u00a0witnesses are put on the stand<\/strong> and\u00a0live testimony <\/strong>is taken to determine if service<\/strong> was done according to the law or via an order of the court.<\/p>\n

The only information that the developers gave at the hearing is that we used a mail service provider<\/strong>, instead of personal service<\/strong> (hand delivery by an individual).<\/p>\n

We noted on the record that the person who had done<\/strong> the service for us was in the courtroom and she raised her hand<\/strong>, but still if there is a question of service <\/strong>the developers have a right to this hearing<\/strong>.<\/p>\n

As we stated outside at our Press Conference<\/a> <\/strong>we believe this is simply a stall tactic <\/strong>and a way for us to use up our resources, time and energy<\/strong>, but we have to do it.<\/span><\/p>\n<\/div>\n

Traverse Hearing Date! \u00a09\/9\/19<\/strong><\/span><\/h4>\n
Our Traverse Hearing is set for Monday, September 9, 2019 at 9:30 am<\/strong>!
\nLocation: Brooklyn Supreme Court, 360 Adams St, Rm 456<\/strong>
\nDirectIons: All Trains and Buses to Borough Hall, and\/or Court Street.<\/span><\/div>\n

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What Can You To to Help!<\/span><\/h1>\n
It is clear that the City and The Developers do not want this case to move forward. \u00a0<\/strong>We have had other attorneys<\/strong> look at our papers<\/a><\/strong> and they have stated that we have a strong case<\/strong>!\u00a0<\/span><\/div>\n

Please Mark Your Calendars! \u00a0<\/span><\/h2>\n
Come Out 9\/9\/19! <\/strong>\u00a0Let the Judge Know that the City and the Developers tactics will not stop the people from showing up and demanding that Justice be Done!<\/span><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

We Packed The Courtroom Standing Room Only! Image Credit: Brooklyn Eagle paper A Packed Courtroom Makes a Difference!  On Friday, August 2, 2019, the people came out to the Courthouse to support the effort to stop the rezoning along the Brooklyn Botanic Garden. \u00a0By 10 am there was standing room […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-404","post","type-post","status-publish","format-standard","hentry","category-fight-against-rezoning","category-legal-actions"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/comments?post=404"}],"version-history":[{"count":4,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/404\/revisions"}],"predecessor-version":[{"id":408,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/404\/revisions\/408"}],"wp:attachment":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/media?parent=404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/categories?post=404"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/tags?post=404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}