Court Denies Request for Emergency Stay of Recall Election
Posted on Feb. 25th, 2010
Posted by Avis Solie GardnerEDGE
Johnson County District Court Judge Kevin Moriarty
Earlier today, the Kansas Court of Appeals denied the emergency stay of the recall election filed by Mary Peters and John Shepherd. Late this afternoon, Johnson County Judge Kevin Moriarty adopted the findings of the Kansas Court of Appeals.
Judge Moriarty asked Douglas Patterson, the Attorney for John Shepherd and Mary Peters, "How can I do anything but the same (as the Kansas Court of Appeals)? Mr. Patterson replied that the Emergency Motions were filed simultaneously and that "both Courts have the power, you still have the authority to do so (issue a stay)."
Judge Moriarty stated, "I do not believe that it would be appropriate for me to enter a ruling that is contrary to the Kansas Court of Appeals." He continued, "Even if the Kansas Court of Appeals hadn't issued their position, this court would have had the same determination." He concluded that the Court "adopts the Finding of the Kansas Court of Appeals."
Following the ruling, I spoke with Mr. Patterson. He stated, "In all of my years in the Court I have won and lost cases and I although I don't like losing, I feel that I lost fair and square, except for this one." He further explained, "The appeals time-line simply doesn't allow an appellant sufficient time to work through the process. We are given the right to appeal, but as a practical matter, not given the time to appeal." I asked if they had any additional options for appeal. Mr. Patterson said, "We have the right to make appeal to the Kansas Supreme Court and we haven't determined if we will do that or not."
I also spoke with Ryan Beasley, one of the leaders of the Gardner Recall Committee, following the hearing. Beasley said, "Although I am pleased with the ruling, I hope never to find myself in this court again." Jared Taylor, also a leader of the Gardner Recall Committee, said, "We are absolutely pleased. We welcome the public to a rally to be held in Downtown Gardner at the corner of Elm and Main Street on Friday evening from 5:00 to 6:00 p.m."
Barring a stay from the Kansas Supreme Court, voters may vote in person at the Johnson County Election Office, 2101 East Kansas City Road in Olathe:
• Friday from 9:00 a.m. to 5:00 p.m.
• Saturday from 9:00 a.m. to 3:00 p.m.
• Monday from 9:00 a.m. to Noon.
• Vote by Mail ballots must be delivered to the election office by 5:00 p.m. on Friday, February 26th.
Voting at your assigned polling place in Gardner will take place on Tuesday, March 2nd from 7:00 a.m. to 7:00 p.m.
Who's paying the legal fees for Peters and Shepherd?
jdelphikiwrote on 2/26/2010 9:04 pm
You can call me whatever you want. I'm not Dave, but as much as it seems to fill your fantasy, if you have to imagine me as someone else, I guess you have to. Sorry I can't be who you want, but hey, if it makes you feel good...
As far as the post being deleted, though, you'll have to ask the proprietors here. It's their website and if you end up making insinuations that I'm actually an elected official in Gardner when I'm not (and have repeatedly told you so when you try to goad me with it), Avis or Peter may decide that your inaccuracy, however much it helps your fantasy, is inappropriate and delete your post.
Is that clear enough?
To: jdelphikiwrote on 2/26/2010 8:54 pm
Is there some reason I can not call jdelphiki Big Dave with out it being deleted?
To: jdelphiki wrote on 2/26/2010 8:34 pm
Why o Why?
jdelphikiwrote on 2/26/2010 7:59 pm
Repetitious, Ms. "Everyone in town is slimy"?
I notice that you're not so bored that you decide to hang out somewhere else.
Dianawrote on 2/26/2010 7:27 pm
It was disappointing as I drove through town that there wasn't a bigger turn out for the rally. I was hoping for more support.
Because anyone would say sowrote on 2/26/2010 6:54 pm
You are a tired old record, jdelphiki with nothing more to do than cause trouble and you bore people on top of that.
jdelphikiwrote on 2/26/2010 2:03 pm
Because you say so, Judith?
We've all seen the depths your integrity and propaganda plumb.
Your propaganda jdelphiki is not wrote on 2/26/2010 1:42 pm
standing up in the light of day and never will.
jdelphiki
wrote on 2/26/2010 11:42 am
Certainly, Linda Meisinger is free to spend $24,000 of her own money to make sure that the five candidates she ran in the last election could get elected. No personal gain in that, nope.
I find it pathetic that the very same people who complain about big money being used to influence Gardner politics somehow defend Linda buying two Council seats. Raise your hand if you think that Take Back Gardner would have fared nearly as well if the five candidates had each spent $1000 (the money raised by them NOT provided by Meisinger) in the last election? Anyone?
So now we see the hypocrisy come out in full bloom. It's only okay for someone to invest in an election as long as you AGREE with their politics.
And since you bring up the whole "trucking industry employees", I challenge you to come up with the figures showing a direct, to-the-pocketbook benefit for any of these "trucking industry employees". Think you have it? Good!
Now I challenge you to prove that whatever tenuous, connect-the-dots relationship between the Intermodal and these "employees" somehow affects them more than trying to block the Intermodal would help Linda Meisinger's Main Street Dolphin Song shop. Seems like she might see that trucks driving through downtown as affecting her business more than some perceived trickle-down raise that might happen to the "trucking company employees".
But let's just say that you're right and Meisinger isn't just in it for the benefit of her shop. Then why did she try to buy the election?
It certainly wasn't for the 72% of the voters who voted FOR annexation. It certainly wasn't for the taxpayers and all that tax revenue that's going to end up filling Edgerton's city coffers. Was it for the health of a city that she doesn't live in and can't vote in?
Or was it that she's simply trying to inflict her activism onto our town, spending outrageously so that she can do as the anti-Intermodals threatened in 2006 - take over the City Council?
We STILL have yet to hear directly from Shepherd and Peters as to who's paying for their numerous, ill-fated lawsuits against the recall. Clearly, it's well-funded, to be able to cointinue to file appeals, even after the election is going on, even though the odds of their winning were ridiculously slim, given the grounds on which they chose to sue.
Someone out here said that Shepherd and Peters are paying for it all themselves, along with all the signs and mailers.
Clearly, since I'm not a lawyer, I know of no real legal requirement for them to tell us where they're getting the money to sue and sue again and to run their "don't recall us" campaign.
But as a citizen, and as someone who has seen the repeated claims that other Council members have been bought or influenced by outside money, I would think that Shepherd, Peters, AND Meisinger would want to make their finances clear...if for no other reason than to remove the very real perception that Meisinger's money continues to support and influence Gardner politics.
Is THAT too much to ask in a city where such claims of financial influence are tossed around so easily?
As a citizen of Gardner, it IS our business.
A Weatherfordwrote on 2/26/2010 11:29 am
"Drovetta huggers" - LOL
I would have no problem giving him a hug... Heck, I would give Mary and John a hug too. Maybe it would cheer them up.
Hey J.wrote on 2/26/2010 11:13 am
JDEL, so what exactly is it you think L. Meisingg is getting for her purchase. Drovetta's handlers at least get the key to the city vault with their purchase. What non-transparent well funded legal action that they were forced to take are you refering to? The one that they are paying for and don't need to inform anyone, especially you. It's none of your business JDEL.
Linda Meisinger follows the lawwrote on 2/26/2010 10:53 am
much unlike the Drovetta huggers do and not report their contributions. Linda Meisinger is not in the trucking business nor is she ever working for self-serving reasons - she is there to protect the general public which I am sure the majority of the Edge posters really have a hard time understanding or relating to. None of Linda Meisinger's actions are to increase her bank account but merely to protect the bank accounts of the average citizen and most of all protect their health. There are those who cannot stand the purity of her actions nor understand what motivates her because you will always live in two different worlds.
jdelphikiwrote on 2/26/2010 10:08 am
Ah. I get it, Judith.
You have selective vision. You can perfectly ignore the misrepresentations of fact that John Shepherd made in his soapbox columns published in Gardner News, but let Steve Hale try to defend himself, and all the sudden HE'S the underhanded one?
Since you brought up how badly you say people operate here in town, what do you have to say about whichever Council member it is that appears to be leaking information to Gardner News?
Is THAT underhanded?
Or how about Shepherd, Peters, Thompson, and Take Back Gardner secretly planning to rewrite Gardner government to give themselves powers that they couldn't win outright in election?
Underhanded enough for you?
Then let's ponder the cash Linda Meisinger spent -- at $24K, 80% of the entire Take Back Gardner campaign budget -- in order for her flood of candidates to take over enough seats of the city government so she could get her way in town.
Or the apparently well-funded, but non-transparent efforts in blocking a legal election while voters are already voting.
Is even THAT underhanded enough for you?
We won't even talk about the local newspaper whose reporter seems to keep writing campaign copy for the same folks that her dad hangs with on the Council (and in the elections). And we won't talk about the supporters, like yourself, who go as far to even attack people's religions, just because you don't like them.
No, Judith, we understand the kind of city YOU want Gardner to be. You demonstrate it every day with your behavior, and every step you take toward "punishing" the people you decide you don't like, makes that city into the very thing you claim to despise.
One can only surmise that you really WANT Gardner to turn into the cess pool that you keep actively trying to make it into. I'm just glad that you don't have any more help than you appear to.
Fundraiserwrote on 2/26/2010 9:28 am
Who wants to help organize a "Let's Help Judith Move Out of Gardner" fundraiser?
That is a worthy cause if I ever saw one.
Why would someone want to lowerwrote on 2/26/2010 9:14 am
themselves to the level under which you operate? I may have to suffer a wrong but I refuse to be a part of the wrong. Mr. Hale in his recent e-mail to John Shepherd clearly shows how he and Drovetta operate along with their Beasley lynch mob - don't ever expect a decent person to buy into that. Again, the stench from City Hall gets stronger every day and it comes from what is inside of it and the lack of sustainable moral values.
Right onwrote on 2/26/2010 7:59 am
Robert hit this on the nose,Gardner would be a much better place without Judith and her crownies!!
jdelphikiwrote on 2/26/2010 7:46 am
Then why spend all that effort trying to run down everyone and everything in town?
You won't buy anything from Gardner businesses, you despise most of the people who have been involved in Gardner government, you insult Gardner citizens and go out of your way to try to ruin their lives by posting as much humiliating dirt as you can find on them.
If you're unable to move out of town, how is that making Gardner a better place for you to live in? More to the point, what have you done that actually helps Gardner be a better place to live?
You've told us all before that you're unable to move anywhere else, but it's baffling the amount of time and energy you spend looking at the negative or creating even MORE negative than that which you see.
Instead of trying to tear apart Gardner, why not use your passion and energy to build it up? To make the best of the cards that you're forced to play by not being able to move somewhere else? Wouldn't that make more sense?
Robertwrote on 2/26/2010 7:42 am
@If I had money
Actually once you leave Gardner will be a much better place to live since the black hole of negativity and hate that you have will be gone!
If I had the money to leave, I would be wrote on 2/26/2010 7:27 am
out of here faster than lightning. These past years have shown what a lowlife, scummy place Gardner is and certainly will not be getting better.
TOO BAD!!!wrote on 2/26/2010 6:38 am
HAHA Pack your bags, time to head out of town, why stay where your not wanted??
Chuck Norriswrote on 2/25/2010 8:14 pm
Youtube or not, Internet threats will not keep me or my family at home tomorrow. They won't keep me out of the polls on Tuesday either. The TBG clowns are getting kicked to the curb in spite of of the threats and intimidation tactics carried out by the PeterHuggers. The fact that they are so nasty makes it clear why they should be shown the door.
terancewrote on 2/25/2010 7:27 pm
Pol Dot and her Khmer Rouge
Ryan Beasleywrote on 2/25/2010 7:10 pm
John and Mary have a very loyal following in this town. I don't think we should get our hopes up with this win. We need to get the people out to vote. Spread the word!
Jerry L Kellogg Srwrote on 2/25/2010 6:44 pm
Advance Ballots Issued and Returned - by Mail and in Person - through February 24, 2010 - Gardner Recall Election:
Ballots Issued through Februrary 24, 2010:
435
Ballots Returned
244
http://www.jocoelection.org/media/numbers.htm
KLwrote on 2/25/2010 6:24 pm
Way to go recall committee! Lets not let them dowwn Garner, get out adn vote Yes to recall John Shepherd, Vote yes to recall Mary Peters. VOTE YES ON MAR 2!!!!!
jdelphikiwrote on 2/25/2010 6:23 pm
Or else what, Judith?
You want a clear picture of the people involved in the recall or what?
Would you like to finish that sentence, Judith, or are you going to leave some kind of implied consequence as the part that you don't say?
Yeah, I want a clear picture wrote on 2/25/2010 6:18 pm
of the lowlifes involved and to see who the Drovetta/Hale huggers are.
terancewrote on 2/25/2010 5:37 pm
Isn't this proof that the recall effort isn't based on lies?
If it were based on lies, the judge would have stopped the election.
Checkbookwrote on 2/25/2010 5:08 pm
Didn't you already post this story about a month ago?
terancewrote on 2/25/2010 4:24 pm
I really hope someone post video on youtube of the rally downtown tomorrow. Please...
Comments
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Who's Paying? wrote on 2/26/2010 11:24 pm
Who's paying the legal fees for Peters and Shepherd?
jdelphiki wrote on 2/26/2010 9:04 pm
You can call me whatever you want. I'm not Dave, but as much as it seems to fill your fantasy, if you have to imagine me as someone else, I guess you have to. Sorry I can't be who you want, but hey, if it makes you feel good...
As far as the post being deleted, though, you'll have to ask the proprietors here. It's their website and if you end up making insinuations that I'm actually an elected official in Gardner when I'm not (and have repeatedly told you so when you try to goad me with it), Avis or Peter may decide that your inaccuracy, however much it helps your fantasy, is inappropriate and delete your post.
Is that clear enough?
To: jdelphiki wrote on 2/26/2010 8:54 pm
Is there some reason I can not call jdelphiki Big Dave with out it being deleted?
To: jdelphiki wrote on 2/26/2010 8:34 pm
Why o Why?
jdelphiki wrote on 2/26/2010 7:59 pm
Repetitious, Ms. "Everyone in town is slimy"?
I notice that you're not so bored that you decide to hang out somewhere else.
Diana wrote on 2/26/2010 7:27 pm
It was disappointing as I drove through town that there wasn't a bigger turn out for the rally. I was hoping for more support.
Because anyone would say so wrote on 2/26/2010 6:54 pm
You are a tired old record, jdelphiki with nothing more to do than cause trouble and you bore people on top of that.
jdelphiki wrote on 2/26/2010 2:03 pm
Because you say so, Judith?
We've all seen the depths your integrity and propaganda plumb.
Your propaganda jdelphiki is not wrote on 2/26/2010 1:42 pm
standing up in the light of day and never will.
jdelphiki wrote on 2/26/2010 11:42 am
Certainly, Linda Meisinger is free to spend $24,000 of her own money to make sure that the five candidates she ran in the last election could get elected. No personal gain in that, nope.
I find it pathetic that the very same people who complain about big money being used to influence Gardner politics somehow defend Linda buying two Council seats. Raise your hand if you think that Take Back Gardner would have fared nearly as well if the five candidates had each spent $1000 (the money raised by them NOT provided by Meisinger) in the last election? Anyone?
So now we see the hypocrisy come out in full bloom. It's only okay for someone to invest in an election as long as you AGREE with their politics.
And since you bring up the whole "trucking industry employees", I challenge you to come up with the figures showing a direct, to-the-pocketbook benefit for any of these "trucking industry employees". Think you have it? Good!
Now I challenge you to prove that whatever tenuous, connect-the-dots relationship between the Intermodal and these "employees" somehow affects them more than trying to block the Intermodal would help Linda Meisinger's Main Street Dolphin Song shop. Seems like she might see that trucks driving through downtown as affecting her business more than some perceived trickle-down raise that might happen to the "trucking company employees".
But let's just say that you're right and Meisinger isn't just in it for the benefit of her shop. Then why did she try to buy the election?
It certainly wasn't for the 72% of the voters who voted FOR annexation. It certainly wasn't for the taxpayers and all that tax revenue that's going to end up filling Edgerton's city coffers. Was it for the health of a city that she doesn't live in and can't vote in?
Or was it that she's simply trying to inflict her activism onto our town, spending outrageously so that she can do as the anti-Intermodals threatened in 2006 - take over the City Council?
We STILL have yet to hear directly from Shepherd and Peters as to who's paying for their numerous, ill-fated lawsuits against the recall. Clearly, it's well-funded, to be able to cointinue to file appeals, even after the election is going on, even though the odds of their winning were ridiculously slim, given the grounds on which they chose to sue.
Someone out here said that Shepherd and Peters are paying for it all themselves, along with all the signs and mailers.
Clearly, since I'm not a lawyer, I know of no real legal requirement for them to tell us where they're getting the money to sue and sue again and to run their "don't recall us" campaign.
But as a citizen, and as someone who has seen the repeated claims that other Council members have been bought or influenced by outside money, I would think that Shepherd, Peters, AND Meisinger would want to make their finances clear...if for no other reason than to remove the very real perception that Meisinger's money continues to support and influence Gardner politics.
Is THAT too much to ask in a city where such claims of financial influence are tossed around so easily?
As a citizen of Gardner, it IS our business.
A Weatherford wrote on 2/26/2010 11:29 am
"Drovetta huggers" - LOL
I would have no problem giving him a hug... Heck, I would give Mary and John a hug too. Maybe it would cheer them up.
Hey J. wrote on 2/26/2010 11:13 am
JDEL, so what exactly is it you think L. Meisingg is getting for her purchase. Drovetta's handlers at least get the key to the city vault with their purchase. What non-transparent well funded legal action that they were forced to take are you refering to? The one that they are paying for and don't need to inform anyone, especially you. It's none of your business JDEL.
Linda Meisinger follows the law wrote on 2/26/2010 10:53 am
much unlike the Drovetta huggers do and not report their contributions. Linda Meisinger is not in the trucking business nor is she ever working for self-serving reasons - she is there to protect the general public which I am sure the majority of the Edge posters really have a hard time understanding or relating to. None of Linda Meisinger's actions are to increase her bank account but merely to protect the bank accounts of the average citizen and most of all protect their health. There are those who cannot stand the purity of her actions nor understand what motivates her because you will always live in two different worlds.
jdelphiki wrote on 2/26/2010 10:08 am
Ah. I get it, Judith.
You have selective vision. You can perfectly ignore the misrepresentations of fact that John Shepherd made in his soapbox columns published in Gardner News, but let Steve Hale try to defend himself, and all the sudden HE'S the underhanded one?
Since you brought up how badly you say people operate here in town, what do you have to say about whichever Council member it is that appears to be leaking information to Gardner News?
Is THAT underhanded?
Or how about Shepherd, Peters, Thompson, and Take Back Gardner secretly planning to rewrite Gardner government to give themselves powers that they couldn't win outright in election?
Underhanded enough for you?
Then let's ponder the cash Linda Meisinger spent -- at $24K, 80% of the entire Take Back Gardner campaign budget -- in order for her flood of candidates to take over enough seats of the city government so she could get her way in town.
Or the apparently well-funded, but non-transparent efforts in blocking a legal election while voters are already voting.
Is even THAT underhanded enough for you?
We won't even talk about the local newspaper whose reporter seems to keep writing campaign copy for the same folks that her dad hangs with on the Council (and in the elections). And we won't talk about the supporters, like yourself, who go as far to even attack people's religions, just because you don't like them.
No, Judith, we understand the kind of city YOU want Gardner to be. You demonstrate it every day with your behavior, and every step you take toward "punishing" the people you decide you don't like, makes that city into the very thing you claim to despise.
One can only surmise that you really WANT Gardner to turn into the cess pool that you keep actively trying to make it into. I'm just glad that you don't have any more help than you appear to.
Fundraiser wrote on 2/26/2010 9:28 am
Who wants to help organize a "Let's Help Judith Move Out of Gardner" fundraiser?
That is a worthy cause if I ever saw one.
Why would someone want to lower wrote on 2/26/2010 9:14 am
themselves to the level under which you operate? I may have to suffer a wrong but I refuse to be a part of the wrong. Mr. Hale in his recent e-mail to John Shepherd clearly shows how he and Drovetta operate along with their Beasley lynch mob - don't ever expect a decent person to buy into that. Again, the stench from City Hall gets stronger every day and it comes from what is inside of it and the lack of sustainable moral values.
Right on wrote on 2/26/2010 7:59 am
Robert hit this on the nose,Gardner would be a much better place without Judith and her crownies!!
jdelphiki wrote on 2/26/2010 7:46 am
Then why spend all that effort trying to run down everyone and everything in town?
You won't buy anything from Gardner businesses, you despise most of the people who have been involved in Gardner government, you insult Gardner citizens and go out of your way to try to ruin their lives by posting as much humiliating dirt as you can find on them.
If you're unable to move out of town, how is that making Gardner a better place for you to live in? More to the point, what have you done that actually helps Gardner be a better place to live?
You've told us all before that you're unable to move anywhere else, but it's baffling the amount of time and energy you spend looking at the negative or creating even MORE negative than that which you see.
Instead of trying to tear apart Gardner, why not use your passion and energy to build it up? To make the best of the cards that you're forced to play by not being able to move somewhere else? Wouldn't that make more sense?
Robert wrote on 2/26/2010 7:42 am
@If I had money
Actually once you leave Gardner will be a much better place to live since the black hole of negativity and hate that you have will be gone!
If I had the money to leave, I would be wrote on 2/26/2010 7:27 am
out of here faster than lightning. These past years have shown what a lowlife, scummy place Gardner is and certainly will not be getting better.
TOO BAD!!! wrote on 2/26/2010 6:38 am
HAHA Pack your bags, time to head out of town, why stay where your not wanted??
Chuck Norris wrote on 2/25/2010 8:14 pm
Youtube or not, Internet threats will not keep me or my family at home tomorrow. They won't keep me out of the polls on Tuesday either. The TBG clowns are getting kicked to the curb in spite of of the threats and intimidation tactics carried out by the PeterHuggers. The fact that they are so nasty makes it clear why they should be shown the door.
terance wrote on 2/25/2010 7:27 pm
Pol Dot and her Khmer Rouge
Ryan Beasley wrote on 2/25/2010 7:10 pm
John and Mary have a very loyal following in this town. I don't think we should get our hopes up with this win. We need to get the people out to vote. Spread the word!
Jerry L Kellogg Sr wrote on 2/25/2010 6:44 pm
Advance Ballots Issued and Returned - by Mail and in Person - through February 24, 2010 - Gardner Recall Election:
Ballots Issued through Februrary 24, 2010:
435
Ballots Returned
244
http://www.jocoelection.org/media/numbers.htm
KL wrote on 2/25/2010 6:24 pm
Way to go recall committee! Lets not let them dowwn Garner, get out adn vote Yes to recall John Shepherd, Vote yes to recall Mary Peters. VOTE YES ON MAR 2!!!!!
jdelphiki wrote on 2/25/2010 6:23 pm
Or else what, Judith?
You want a clear picture of the people involved in the recall or what?
Would you like to finish that sentence, Judith, or are you going to leave some kind of implied consequence as the part that you don't say?
Yeah, I want a clear picture wrote on 2/25/2010 6:18 pm
of the lowlifes involved and to see who the Drovetta/Hale huggers are.
terance wrote on 2/25/2010 5:37 pm
Isn't this proof that the recall effort isn't based on lies?
If it were based on lies, the judge would have stopped the election.
Checkbook wrote on 2/25/2010 5:08 pm
Didn't you already post this story about a month ago?
terance wrote on 2/25/2010 4:24 pm
I really hope someone post video on youtube of the rally downtown tomorrow. Please...
Report inappropriate comments.