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Cattle Update: Arizona Cattleman Wins Libel Suit
CattleNetwork.com ^ | Jan. 26, 2005 | National Cattlemen's Beef Association

Posted on 01/30/2005 10:56:12 AM PST by madfly

 

Washington, D.C. (Jan. 26, 2005) – A Pima County jury has awarded Arizona rancher Jim Chilton $600,000 in a libel suit against the Tucson-based environmental group, Center for Biological Diversity.  On Jan. 21, jurors in Pima County Superior Court voted 9-1 that the Center made “false, unfair, libelous and defamatory statements” regarding Chilton's management of his Forest Service grazing allotment. 

 

Chilton, a fifth generation producer and member of the Public Lands Council (PLC) and National Cattlemen's Beef Association (NCBA), claimed the Center made false statements about him in a news advisory, and that the Center posted defaming photographs of his operation on its web site.  The photos of Chilton’s grazing allotment showed barren patches of ground which the Center said illustrated damage done by grazing. Chilton's lawyer, armed with wide-angle photos taken at the same locations, argued that the surroundings were “worthy of a postcard, with oaks and mesquites dotting lush, rolling hills.”

 

“The Center for Biological Diversity tried to further its political agenda by attacking Jim Chilton and alleging that he was mismanaging his 21,500-acre Forest Service grazing allotment, when nothing could be further from the truth,“ says Jeff Eisenberg, NCBA director of federal lands and PLC executive director.  “Ultimately, the goal of activist groups like these is to end grazing on public lands. We’re glad there are folks like Jim Chilton who won’t let that happen.”

 

Chilton has said he will donate some of the $100,000 in actual damages and $500,000 in punitive damages to the Arizona Cattle Growers Association’s legal fund to be used in fights for “truth and responsibility for cattle grazing issues.”

 

NCBA and the Public Lands Council decry efforts by activist groups that try to portray grazing in a negative light.  "Unfortunately, many of our members are forced to deal with this kind of harassment as they go about earning their livelihoods and building their communities,” says Eisenberg.  “When environmental groups engage in these public fights, it does little to meet the mutual goal of conserving resources."     

 

Eisenberg says this verdict sets an important precedent and will hopefully dissuade other activist groups from trying to libel ranchers in the future. “The jury's award is an important vindication for Jim’s position and for stockgrowers everywhere.  PLC and NCBA congratulate Chilton for his important work in support of responsible management of our public lands. “

 


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; biologicaldivcenter; doctoredpics; environment; envirowhackos; greenies; landuse; lawsuit; libel; pimacounty; propertyrights; ranch; ranchers; ruling

1 posted on 01/30/2005 10:56:13 AM PST by madfly
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To: madfly

Hooray for the Good Guys!


2 posted on 01/30/2005 10:58:47 AM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: madfly; farmfriend


3 posted on 01/30/2005 11:01:21 AM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: SandRat; Carry_Okie; SierraWasp; farmfriend; IonImplantGuru; B4Ranch

Update on Center for Biological Frivolity Litigators getting theirs!!!! Ping your friends :)


4 posted on 01/30/2005 11:01:40 AM PST by madfly
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To: madfly; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
5 posted on 01/30/2005 11:02:24 AM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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To: Libertarianize the GOP
oooooops...forgot to ping you!! yikes, out of practice.

Such good news!!

6 posted on 01/30/2005 11:03:18 AM PST by madfly
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he will donate some of the $100,000 in actual damages and $500,000 in punitive damages to the Arizona Cattle Growers Association’s legal fund to be used in fights for “truth and responsibility for cattle grazing issues.”

What a guy!

Arizona Cattle Grower's Association       

The Arizona Cattle Growers' Association (ACGA) is a non-profit organization founded in 1904 to properly represent the ranchers of the state and to protect the cattle industry. It has grown to include more than 2,000 cow/calf producers, business associates, individual associates and friends of the industry from every county in Arizona.

ACGA offers member benefits such as group health insurance and workers' compensation insurance plans, discounts from local merchants and full-time representation in the legislative and executive branches of state and federal government. ACGA staff members monitor federal, state and county agency regulations and in recent years monitor court decisions that affect ranch families.

Due to the dozens of lawsuits filed in the past few years by activist organizations, ACGA has also established a litigation fund to defend ranching in both state and federal courts.

Please call (602) 267-1129 for ACGA membership information, or email Maria Cadena, mcadena@arizonabeef.org

A Primer to Legislative/Regulatory Websites  USDA Agricultural Assistance Act of 2003

State Trust Land Reform Proposal  Draft Maps for Incentive and Option Lands


7 posted on 01/30/2005 11:11:58 AM PST by madfly
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To: madfly

I wonder if the Forest Sevice was also included in this suit? If so their (the so called Center for Bio Diversity) legal expenses, at least in part will probably be paid for by you and me. This is the part that of the law that needs to be changed.
These environmental lawsuits are just part of a lawyer employment act.


8 posted on 01/30/2005 11:12:01 AM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: madfly
“The jury's award is an important vindication for Jim’s position and for stockgrowers everywhere"

ROFL...
Looks like that old cowboy whupped some soylent green butt!
...
9 posted on 01/30/2005 11:14:11 AM PST by mugs99 (Restore the Constitution)
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To: tertiary01
Are you saying they get lawyers fees even if they LOSE??? I was unaware of that. I'm not too terribly impressed with the awards of attorneys fees for winning cases, but this would be an outrage if true.
10 posted on 01/30/2005 11:26:03 AM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: madfly

The enviro lawyers should have each been given 90 days for contempt of court for filing this case. The time should be with out privledge that is no phone calls, no visitors, no mail and no computer access. If more lawyers were given time for filing false cases there would be a lot less of them filed. We can't assume that the "good ole boy network" of the Bar will police itself, after all they never have.


11 posted on 01/30/2005 11:31:07 AM PST by fella
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To: prairiebreeze

ping,,,, just in case you didn't get the AFIA or NCA email message.


12 posted on 01/30/2005 11:33:34 AM PST by Iowa Granny
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Here's a recent ActionAlert from the BioNuts in Tucson:

Save the ESA! Post-election rider targets habitat

Your letter will be addressed and sent to:
Your Congressperson
Your Senators

----THIS LETTER WILL BE SENT IN YOUR NAME----
Dear [decision maker name automatically inserted here],

California developers are pressuring members of Congress to place a rider on the upcoming Omnibus Appropriations Bill to fundamentally weaken the Endangered Species Act. The amendments would be the most significant changes to the ESA since 1982. Massive public policy changes should not be done through stealth riders. They should be subject to rigorous public review and debate. Please do not allow the rider to be attached or to be voted through on the Omnibus coattails.

RIDER 1. For almost 20 years, federal agencies have used a controversial Reagan-era regulation that undermines the recovery of endangered species by allowing the destruction and degradation of their critical habitats. In the past four years, three different federal appeals courts have ruled that the regulation is illegal. The most recent decision states: "This can not be right. If the [U.S. Fish and Wildlife Service] follows its own regulation, then it is obligated to be indifferent to, if not to ignore, the recovery goal of critical habitat." The victory should issue in a new conservation era that focuses on recovery of endangered species, not merely keeping them alive in a continuous endangered state. Developers want to override the Endangered Species Act and the courts to undermine recovery, allowing critical habitats to be destroyed and wildlife populations to continue their slow spiral toward extinction.

RIDER 2. The rider also seeks to shield logging, development, mining and other large-scale plans from scientific review and reform -even when the plans are proven by scientists to be pushing imperiled plants and animals to extinction. The rider would thus amend the ESA to include the controversial "no surprises" policy created in the mid-1990s. Like the anti-critical habitat regulation, this plan was also struck down by the courts. Developers want the outdated policy made a permanent part of the ESA even though it has been thoroughly opposed by scientists and is currently being rewritten to include greater public review and to remove its most glaring flaws. The developers don't want to wait for public review; they don't want the flaws removed; they want the plan enshrined in its worst, most damaging form.

Please oppose these riders to the Omnibus Appropriations Bill. Riders take the public out of public policy. They shield controversial, damaging proposals from debate and examination. In this case, they would weaken the fundamental underpinnings of the Endangered Species Act: recovery, habitat protection, and good science. We need more recovery of endangered species not less. We need more protection of essential habitat areas, not less. And we need to change management plans in response to new scientific research, not blindly lock plans into place.

----END OF LETTER TO BE SENT----

Sincerely, EnviroWhacko members of Center for Biological Insanity!

--------------------------------------------------

If you received this message from a friend, you can sign up for Center for Biological Diversity - Biodiversity Activist at:

http://actionnetwork.org/BIODIVERSITY/join.html?r=p1qxsP71aakHE

_______________________

Attention Anti-Enviro Extremists Activists: Sign up for this newsletter to respond to your Congressmen in opposition to these insane campaigns.


13 posted on 01/30/2005 11:34:48 AM PST by madfly
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To: farmfriend

BTTT!!!!!!


14 posted on 01/30/2005 11:35:11 AM PST by E.G.C.
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To: Still Thinking

Yes, they get reimbursed regardless of outcome. Rush was talking about this last week.


15 posted on 01/30/2005 11:38:45 AM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: madfly

Thanks for the deep set smile. I'll keep it at least through the weekend.


16 posted on 01/30/2005 11:39:38 AM PST by B4Ranch (Don't remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: tertiary01

BTTT for post 13


17 posted on 01/30/2005 11:41:25 AM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: tertiary01

Even if they just got paid if they won, it needs to be counterbalanced with a disincentive to file harassing or frivolous lawsuits. Otherwise they would have nothing at risk by filing on marginal or clearly frivolous cases. They shouldn't only not get paid if they lose, there should be some civil or criminal penalty. If they don't like that they can just go back to doing it on their own nickel.


18 posted on 01/30/2005 11:45:18 AM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Still Thinking
This is why there are so many frivolous environmental lawsuits!! ...and so many environmental activist groups. They receive income every time they sue a Federal Agency regardless of merit or outcome!!
There is legislation pending to help remedy this situation, some of which is noted in post 13. We just need to persuade our legislators to continue to weaken the environmental activist's hold on the EPA and enact it!!
19 posted on 01/30/2005 12:00:01 PM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: tertiary01

Also, I suspect some house cleaning would be in order at EPA itself. Probably a hand-in-fist relationship with the green weenies where the bureaucrats job is to put on the weakest possible defense and fall on their sword.


20 posted on 01/30/2005 12:01:54 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: denco

Ping.


21 posted on 01/30/2005 12:03:20 PM PST by Springman
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To: madfly

Good luck on collecting the judgement.

They'll close their doors tomorrow and open undera new name next week.

There needs to be a more permanent solution.


22 posted on 01/30/2005 12:04:15 PM PST by bert (Freedom trumps Peace.)
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To: Still Thinking

I also believe that certain bureaucrats in the EPA let the activist groups win lawsuits inorder to further their intrusive policies.


23 posted on 01/30/2005 12:11:26 PM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: bert
This is from a page of short bios and pics of all CBDiversity suspects!

http://www.biologicaldiversity.org/swcbd/aboutus/staff-bios.htm

Center for Biological Diversity
Because Life is Good

isn't that special!!!!

Kierán Suckling, Policy Director, oversees development and implementation of the Center’s endangered species protection and wilderness conservation strategy. He acts as liaison between the Center and other environmental and public interest groups, handles negotiations with government agencies, and writes and lectures widely on biodiversity issues. Kierán holds an MA in Philosophy from the State University of New York at Stonybrook and a BA from Holy Cross; he is a Board member of Southwest Trout, Western Native Trout Campaign, Southwest Forest Alliance, and the Endangered Species Coalition.

Contact: Tucson, AZ, 520.623.5252 ext 305, ksuckling@biologicaldiversity.org

24 posted on 01/30/2005 12:24:34 PM PST by madfly
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To: MissAmericanPie; Alamo-Girl; JackelopeBreeder; tubebender; HiJinx

ping


25 posted on 01/30/2005 12:29:18 PM PST by madfly
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To: madfly; HiJinx; Spiff; idratherbepainting; JackelopeBreeder; AZHSer; Sabertooth; ...

Center for BioDumba$$$$ lose to Rancher. That's one now we need more to break their bank and power.


26 posted on 01/30/2005 12:55:25 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: B4Ranch
Related post from NogalesInternational.com news site:

http://www.freerepublic.com/focus/news/1332107/posts?page=1

SNIP

. . . . .The suit was filed, according to Chilton, because he wanted to challenge the way the Center for Biological Diversity does business. "They don't use science, they use scare tactics," said Chilton. "They also use endangered species as surrogates to obtain their own goals and to raise money," he added.

The jury agreed with Chilton's claim, citing the Center did make false statements in a news advisory, and that misleading photographs were used in an unsuccessful effort to block renewal of Chilton's grazing permit. The jury also cited that the Center did not accurately describe the condition of the grazing allotment.

"Four of the photographs were of other people's private property," Chilton said.

"What they do is sue the forest service," Chilton explained.

"If the forest service doesn't do something they (Center for Biological Diversity) ask for an injunction to end grazing until the forest service rights its wrong."

"In 1999 I was involved in a lawsuit that affected 85 ranches in the southwest, including Santa Cruz County"

The source of these controversial lawsuits are two endangered animal species: the lesser long nosed bat and Sonoran chub, a small fish endemic to the Sonoran Desert.

Chilton explained that the U.S. Fish and Wildlife Service (FWS) published an opinion that cattle grazing would "likely adversely affect the Sonoran Chub."

In order for Chilton to continue grazing on certain pastures, a biologist, zoologist, fish biologist, rangeland conservation expert and botanist would have to inspect his pastures nine times a year.

"That would have wiped me out," said Chilton, adding, "I objected strenuously to this ruling and filed a lawsuit with the Arizona Cattle Growers' Association" and eventually had the ruling overturned. . . . . . . . . .


27 posted on 01/30/2005 1:10:42 PM PST by madfly
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To: SandRat

Great news, thanks.


28 posted on 01/30/2005 1:33:47 PM PST by Marine Inspector (Customs & Border Protection Officer)
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To: Iowa Granny

Thanks for the ping. We are at our first destination now, signed on and running like a top.


29 posted on 01/30/2005 2:19:57 PM PST by prairiebreeze (George W Bush: Spending well-earned political capital.)
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To: tertiary01
I wonder if the Forest Sevice was also included in this suit? If so their (the so called Center for Bio Diversity) legal expenses, at least in part will probably be paid for by you and me. This is the part that of the law that needs to be changed. These environmental lawsuits are just part of a lawyer employment act.

Not as I understand the case (I posted a thread about a week ago on the same case, based on article in local rag (AZ Daily Star, Tucson)).

In this case the cattleman sued the enviro-weenie group for libel. There was no Forest Service or other government agency involved. The 'Center for Bio Diversity' is an NGO (Non-Government Organization).

30 posted on 01/30/2005 2:23:18 PM PST by IonImplantGuru (PhD, School of Hard Knocks)
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To: IonImplantGuru

I mistated. What I meant was the lawsuits in general that originate from this so called front for unemployed lawyers. If they sue a Gov agency, along with the alledged offender then they can recover costs from the taxpayers.


31 posted on 01/30/2005 2:45:14 PM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: farmfriend; madfly; 1Old Pro; aardvark1; a_federalist; abner; alaskanfan; alloysteel; alfons; ...

Bout Time !!!!!!!!!!!!!


32 posted on 01/30/2005 5:12:58 PM PST by editor-surveyor (The Lord has given us President Bush; let's now turn this nation back to him)
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To: editor-surveyor
Now we another win,...

and another,.....

and another,...

....until we run them out of money and friends.

33 posted on 01/30/2005 5:23:56 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: editor-surveyor; madfly
The source of these controversial lawsuits are two endangered animal species: the lesser long nosed bat and Sonoran chub, a small fish endemic to the Sonoran Desert.

What, no spotted owls??? Seriously, this is great news.

34 posted on 01/30/2005 5:27:40 PM PST by TheSpottedOwl
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To: TexasTransplant

ping for Chilton family


35 posted on 01/30/2005 5:32:49 PM PST by pointsal
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To: madfly

Great! BTTT


36 posted on 01/30/2005 5:35:45 PM PST by hattend (Liberals! Beware the Perfect Rovian Storm [All Hail, Chimpus Khan!])
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To: madfly
http://www.biologicaldiversity.org/swcbd/aboutus/index.html

 


About the Center for Biological Diversity


The Extinction Crisis

Ancient forests, free-flowing rivers, living oceans and deserts and the abundance of life they contain: all these, having evolved over millions of years, are in danger of vanishing from the world within decades. In the grips of an explosion of extinctions that is unprecedented in history, we are now seeing the disappearance of biological and habitat diversity across the globe as wild lands and waters are desecrated and species are driven extinct.

At the same time-under the advance of a rapacious and homogenizing global economy driven by human population growth and resource consumption-traditional and smaller societies are being subsumed and destroyed, and with their destruction linguistic and cultural diversity are also in drastic decline.

Our Mission

At the Center we believe that the health and vigor of human societies and the integrity and wildness of the natural environment are closely linked. Beyond their extraordinary intrinsic value, animals and plants, in their distinctness and variety, offer irreplaceable emotional and physical benefits to our lives and play an integral part in culture. Their loss, which parallels the loss of diversity within and among human civilizations, impoverishes us beyond repair.

Combining conservation biology with litigation, policy advocacy, and an innovative strategic vision, the Center for Biological Diversity is working to secure a future for animals and plants hovering on the brink of extinction, for the wilderness they need to survive, and by extension for the spiritual welfare of generations to come.

Join us in the fight to keep the wild alive.


37 posted on 01/30/2005 5:40:38 PM PST by dennisw (Pryce-Jones: Arab culture is steeped in conspiracy theories, half truths, and nursery rhyme politics)
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To: madfly; All

I hope he starts collection actions!

He can take posession of the organizations name! He can take posession of the donor list! He can take possession of the MAILING LIST!

If they try and conceal assets they can be held in contempt!

(plus in judgment collections proceedings, THE LOOSER PAYS ATTORNEY FEES! )

If they transfer assets such as a member list or donor list to a new organization, he can get a cease and decist order and obtain MORE DAMAGES!


38 posted on 01/30/2005 5:59:43 PM PST by longtermmemmory (VOTE!)
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To: bert

http://www.freerepublic.com/focus/news/1332016/posts?page=38#38

see above post.

It does not take only money. There is much much more, he can literally OWN the organization and shut them down IF they don't pay up.

He is probably the only creditor of the organization too.


39 posted on 01/30/2005 6:02:07 PM PST by longtermmemmory (VOTE!)
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To: bert; madfly; All

Forgot to mention the fun part.

When you file an appeal YOU HAVE TO POST A BOND TO PROTECT THE JUDGMENT HOLDER!

You don't hear much about this since most bonds are posted by insurance companies.

Does anyone know if the envirowackos used their own lawyers? If so then they have not insurance company backing them.

THEY MAY NOT BE ABLE TO POST A BOND, WHICH MEANS THIS CASE CAN NOT BE APPEALED.


40 posted on 01/30/2005 6:08:59 PM PST by longtermmemmory (VOTE!)
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To: fella

I was watching a show the other day on RFD-TV. Which showed how cattle farmers, who cared more about the land the some of these so-call enviros. Were not going to be able to pass their farms down to their children, because of these so called enviro laws.

It's enuff to piss one off..


41 posted on 01/30/2005 6:44:52 PM PST by Refinersfire
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To: Refinersfire
I hope he uses the judgment to take possession of the mailing list and corporate name. I doubt the environwakos will have the money to pay OR the money to post the bond in order to appeal.

This is the specifi AZ statute:


12-1160. Appeal; stay of proceedings; bond

A. Any time within thirty days from filing an interlocutory or final order or judgment by the court, any person or persons of record in the action who have filed exceptions at any stage of the action within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by the exceptions.

B. The taking of an appeal shall not operate to stay the action, except when the person or persons appealing have obtained a stay of execution of the judgment or order appealed from. In such event the proceedings shall be stayed only with respect to the person or persons appealing and as to their respective interests in the action. Upon taking an appeal, the action shall be deemed severed as to the person or persons appealing and their respective interests in the action.

C. An interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time prescribed by this section.

D. Any plaintiff, other than a corporation authorized to transact business in this state, may appeal without giving bond, but any other person or persons appealing shall give bond with good and sufficient surety to be approved by the court, conditioned that the party appealing will pay all costs taxed against such party on the appeal.




The question is whether the defendant has the actual money in the bank to appeal or post bond. The bond is usually enough to cover the actual judgement PLUS costs AND attorney fess. (ie 120% or so)
42 posted on 01/30/2005 7:10:39 PM PST by longtermmemmory (VOTE!)
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To: madfly

About time they started using the Commie's tactics against them.


43 posted on 01/30/2005 8:42:56 PM PST by Leatherneck_MT (Goodnight Chesty, wherever you may be.)
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To: editor-surveyor

BTTT!!!!!!


44 posted on 01/31/2005 3:03:08 AM PST by E.G.C.
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To: editor-surveyor

One down, how many more thousands to go?


45 posted on 01/31/2005 7:21:28 AM PST by packrat01 (Politics:Saying "Islam is a religion of peace" while seeking final destruction of Islamist Terrorism)
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To: editor-surveyor

The good guys won one ~ perfect!


46 posted on 01/31/2005 8:05:40 AM PST by blackie
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To: AuntB

FYI


47 posted on 01/31/2005 8:11:13 AM PST by blackie
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