OneLyons court case against the Village of Lyons cleared a major hurdle on December 6, 2013. The Appellate Court ruled against the Village of Lyons and ordered the parties to prepare for Oral arguments.
In order to succeed and achieve this stunning threshold “win,” 5 of the 10 Appellate Judges ruled the case had enough merit to proceed forward for a full Appellate Court review, but that they would still consider arguments from the Village on why it should be dismissed on moot grounds.
OneLyons is pleased that the Court affirmed that there is merit in the case and that it should be heard by the full Appellate Court of 10 justices. The case is scheduled for full review in April, with a decision expected in May 2014.
OneLyons has filed a Notice of Appeal in the case Bailey et al Versus Village of Lyons. We have started the appeal process due to what we see as bad precedent set, as we’ve previously described, and error by the court that we feel cannot be left standing without challenge. For many in the community they will wonder why this matters now, when the Village technically won and was granted leniency.
Please review the case as presented in answer to most of your questions.
This week, 11/17/2013, Village Attorney Art Williams filed a motion to dismiss the case on the grounds that further appeal is moot as the Village of Lyons has now complied with court order. OneLyons will answer the motion. The court will hear the case December 2, 2013 at 1000hrs in Rochester.
If OneLyons fails, the court case and $1,000 of our personal cash and donations was for naught. We have pursued this on behalf of all taxpayers – putting our $ where our mouths are. One our Reply to the Motion has been filed, we will update the court page with information. Check out that page for more details under the detailed info page.
Acting Supreme Court Judge Nesbitt signed the following order compelling the Village to appear and explain why an order should not be granted finding the Village in violation of State law. Also attached in this file is the proof of service and affidavit of truth: Onelyons Article 78 case 759060001.