OneLyons Votes No on Appeal, commits to March 18 Ballot.

OneLyons has voted on whether to appeal Judge Nesbitt’s decision.  The group is distraught and conflicted about how the integrity of the process was compromised, and that the Court deferred greatly to the village government.  However, the group also felt strongly in the prinicple of the ballot and ultimately decided to leave this to the people of Lyons.  Time to send a message.  Vote March 18, 2014 from Noon-9pm at the Lyons VFW.

The group had deliberated over the last 3 days, a final tally was taken last night.  It was a difficult and tight vote that really caused some anguish within the group.  We are 100% unified in concern and dismay with the Village Government’s behavior and ethics during this and the Supreme Court’s uncompromising deference towards local governments.  Our research post court case revealed that because Town Law was modified in 2009, Acting Judge Nesbitt was correct in his ruling that our cited case law regarding the missing pre-amble did not qualify for GML 17-A.  However, we did discover that the strict compliance standards regarding witness statements, duplicate signatures, non-village resident’s signing, and people witnessing their own signatures were still valid reasons to overturn the petitions and overturn the Village Clerk’s certification.  We discovered that using only the strict grounds of standing law and case law 143 signatures would be overturned, and if we used the exact parameters the clerk used on our petition in August of 2012 then over 180 signatures would have been invalidated.

Thus, in our reviews of the Court’s decision we fail to understand how justice was achieved in this case and believe it falls back upon the people of Lyons to decide for themselves whether the process had integrity and the case was worthy.

The consensus among our group was that this fight is not just ours to carry forever and Appealing on principle may serve to alienate the very people this fight is actually for.  We felt a clear majority needed to affirm an Appeal, not just a simple majority.   We’re fighting for the taxpayers of Lyons and for transparent government ran with integrity.  For our group, the last stand will be March 18, 2014.  We now turn this over to the residents of the Village of Lyons to decide their futures.

Court Decision in – Court defers to Village, decides lack of evidence to overturn.

Late on Februrary 20, 2014 members of OneLyons received the Court Decision of Acting Supreme Court Judge John Nesbitt to our Article 78 Proceeding filed January 6, 2014.

ONELYONS press release Feb 21 2014

Nesbitt Decision Bailey,DeWolf vs Clerk and Board Feb 190001

More information to be posted in the coming weeks, stay tuned!  Thank you for your support, please consider your own letter to the editor.  Help us help you, educate your friends and neighbors and send them to this page for further information.