Monday, August 5, 2013

Writ of Mandamus served on the City of Lake Worth

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mandamus

(man-dame-us) n. Latin for "we order," a writ (more modernly called a "writ of mandate") which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.

Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. The backers of the proposition file a petition for a writ ordering the city to hold the election. The court will order a hearing on the writ and afterwards either issue the writ or deny the petition. Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. Or a city clerk refuses to move the results of an election forward to the State for codification. All of these can be subject to a writ of mandamus.

This morning, a Writ of Mandamus was served on the City of Lake Worth for failure to move the election results forward on Ordinance 2012-30.

Petitioner seeks an order compelling the City clerk to perform the ministerial act of transmitting the charter amendment approved by the electorate on March 12, 2013 to the State of Florida Department of State pursuant to Florida Statute Section 166.031 (Charter Amendments) (2012).

5 comments:

Reasonable minds will prevail said...

Good thing we finally have a good city attorney, I'm sure he can have that squashed and send whichever anarchist who filed it sent home crying until they come up with some other way to harass the city and waste our tax dollars.

Weetha Peebull said...

I just love it when we can learn a new word that has the power of the written law behind it!

They expect us to obey their powerless little words on paper but can't even obey their own Oath to Protect the people they Serve!

No Vote - No Voice

Anonymous said...

Voters rights are protected. Power to the people and not to the anarchists on the dais.

Anonymous said...

So Pam didn't do what she is compelled under the law to do? Can't she be fired or lose her credentials or something ? I can't believe that even this group would think that they could get away with this!

Anonymous said...

The ONLY anarchists on the DIAS is "Dr." Mr. We Need More Bike Lanes McVoy. You know Cara's Puppet.