Friday, August 26, 2011

The Rest of the Documents: No Limits Christian Ministries, Inc., vs. City of Mountain Home, Phase II

Update 8/27. 12:15 AM-  Added link to Chicago Lawyer's hourly transaction detail log omittted in original post.

The rest of the documents required to fully understand and intelligently discuss this case are found in the links in the narrative below.  Everyone involved in this case has read every paragraph, sentence, and word on every page of all of these documents, and there are a lot of important points of discussion contained throughout them.  In that regard, the general public has a bit of catching up to do, which is the purpose of posting them here for the public to review.

After the City agreed to the consent order, essentially acknowledging that there ought to have been at least one zone in the city where churches were permitted outright, rather than requiring a conditional use permit in all zones, the only thing left to "settle" was who owed who what.
 
In this case, Mauck and Baker, the Chicago law firm representing No Limits "Christian" Ministries, Inc., sent the city this shakedown letter settlement discussion on June 20, 2011.  After receiving their preposterous demands for, among other things, "lost tithings" of $5,000, the City responded with a counteroffer letter detailing what the city would consider reasonable.  In it, the city also asks the Chicago law firm of Mauck and Baker to substantiate the time for which they also made the outrageous claim to be worth $600 per hour.

In their response, Mauck and Baker come down nearly $5,000, approximately the value of an day with their lead attorney.  (The reader is invited draw obvious analogies to other fee-per-hour enterprises here)  They also provided a transaction detail log, the contents of which are very interesting.

Sometime after this, our attorney expressed concern that someone more experienced in Federal Litigation could insure the City's interests were better protected, and the City decided to retain a Boise (not Chicago) Law firm with experience not only in Federal cases here in Idaho, but with Judge Ed Lodge in particular.

On June 26, our kick-ass attorney for this case, Kirt Naylor, sent the vultures Mauck and Baker law firm this settlement offer.  In response, the Chicago law firm of Mauck and Baker sent this "final" counteroffer to the city on August 2, 2011.  Since it was substantially less than the original, and the cost to litigate to an unknown conclusion was considerably higher, the city accepted, and No Limits "Christian" Ministries signed the Release and Settlement Agreement on August 16th, 2011.

Upon the execution of that document, Judge Lodge signed the order dismissing the case with prejudice on August 17, 2011.  The city approved the payment on August 22, 2011, and the case is now officially over.

Well, except for the part where the city is out over $61,000 at the hands of a "Christian" church that pays no taxes.  That part will be the topic of the next few blog posts.  And there will be quite a few of those.




1 comment:

  1. I have to admit I was afraid to start reading the documents in article 2. I figured they would be in "lawyerese" speak and thusly impossible to understand. I was glad almost all of the documents are written so even I could understand them. Even so, I need time to digest all this information.

    The one thing that is clear to me is "The City did its citizens right as to how this case was handled". Of course I still need to get into the 30 duffel bags of documents in the 1st post.

    Thanks you for posting all this stuff Geoff

    Tim

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