Monday, September 8, 2014

Judge Timothy McCarthy, Judge in Heights Case, to retire this year

A little trivia for the day--

2013 Palm Beach County Bar Association Judicial Evaluation Results .  Judge McCarthy was the judge assigned to the motion to dismiss Laurel Decker vs. the City of Lake Worth case on the heights amendment that was won at the polls, 56 to 44 percent. But the results of elections don't matter in Lake Worth with this commission.

McCarthy is retiring on December 1, 2014.

An old saying goes something like this: "A good lawyer knows the law, but a great lawyer knows the judge. As a result, part of your pre-filing diligence should include an educated guess about the judge’s reaction to your motion."  In this case, Respectful Planning PAC retained a lawyer, a top expert in land use regulations, from a different county on the other side of the State. From what I could tell, he made a professional judgment call while presenting the case of all those who won the election against the City.

Also, as you know, it is really tough fighting City Hall. The odds are great against Joe Citizen as the city has unlimited funds along with professional human resources to go against the people as seen once again in the general obligation bond referendum held on August 26.

Laurel Decker ended up dismissing the Heights case.  In most courts, voluntary dismissals are usually without prejudice to refiling them. So, it may not be over. And this could come back before a different judge.

14 comments:

Anonymous said...

Love it. Hope it doesn't have to come back and that the city honors the vote. We know that they won't. Sad. Thanks for posting.

Anonymous said...

Glad to see your pushing for this, you are constantly saying how broke the City is, and now you are hoping for yet another lawsuit. What a hypocrite.

Lynn Anderson said...

The city is the entity constantly getting into lawsuits for not doing the right thing. Knock off the name calling if you want to post here. Thanks. And after that, tell your friends to begin, right now, to live within the budget by not taxing everyone in order to pay for their out of control spending. Also while you're at it, tell them to honor the votes of the people.

Anonymous said...

The City is fallowing what was put out by the State, ordid you forget about that?

Lynn Anderson said...

The city is following Glen Torcivia's statute he drummed up because they wanted heights. the hell with the vote. It has to be decided by a court. The people still voted and said NO to more heights. Can't forget what this commission constantly does, anonymous at 4:48..

Anonymous said...

You are right I can't forget what this commission is doing. They without the help of Dr. McVoy are trying to move this city forward,increase the tax base, get the POC up and finally running, Which was promised by a previous commission Years Ago, and to date has not come to fruition. Making this city not the laughing stock of the County. You know everything you are against.

Anonymous said...

The city following the advice of a Lawyer on Legal matters isn't that why we have one?

Lynn Anderson said...

This commission pays its city attorney to do the job to get the outcome that it wants. Can't get more clear than that.

Lynn Anderson said...

5:37--you are once again perpetuating the lie--the myth. Moving our city forward by getting us in 34 years of debt is not a responsible act. Don't really care about the POC and spending millions of taxpayer money there on private property... money that we will never get back in advalorem. Why would you want to do that unless you are one of those who will gain or benefit financially from it?

Anonymous said...

Lynn, I am a bartender, and work as a cashier at one of our local establishments, would you please inform me on how I will benefit from the POC. I want a better city, and obviously you do not. So do us all a favor, and stay in your condo, go to Atlantis to see Davidson, and hang out your good friend Dennis someone who does not live here, and also wants Lake Worth to stay just the way it is.

Lynn Anderson said...

You're a bartender--not on the "sauce" are ya?

You will not benefit from the POC. The only people who will benefit are those involved in its development.

We all want a better city but there are other ways to achieve it...not getting the property owners in massive debt.

So, stay off the "sauce" and come up with a different personal attack. We have heard all your BS before.

Anonymous said...

A bartender? Drinking a high ball but giving low balls? Great going. I guess you are really informed on what's going on around here, or, you're not a bartender but a stupid odd who lies about anything. I would guess the latter.

Unknown said...

Y0u need to talk to me and my now adult daughter about this sack of total shit who went against every single recommendation against the mother with a guardian ad litem, the county custody evaluator, and several others including law enforcement in PBC that all agreed father should have custody of his child... He was clearly paid off with an attorney in broward county by the name of Robert Sidweber !

Lynn Anderson said...

Matt--you can call me anytime at 561-585-7839.