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Court Hearing - Dan Norris Garbage Bill
Yesterday, 8/2/05,
was the court hearing for the appeal that the County made concerning
the past due garbage bill that Danny Norris owes. At 9:07am, the
case was called. Mr. Norris was not in the courtroom. County
Attorney, John Nix, said he felt there needed to be an evidence
hearing for the record. Judge Prior said it would be #1 on the
contested calendar that morning. At 9:12am, Mr. Norris appeared in
the courtroom.
At 9:25am, the
Judge called the case. Danny Norris represented himself in this
civil suit. He asked for a JURY trial and according to law,
if the appeal is made in 30 days, he has the right to a jury trial.
It seemed from what was heard that Danny Norris is asking for
“damages” since he said the county didn’t have a right to appeal his
case. He quoted the county garbage ordinance as saying, “matters
would be SETTLED in Magistrate Court.” Mr. Nix said he felt that
was an unique way of looking at it, but county ordinances did not
circumvent STATE law, which gave either side the right to appeal.
Mr. Nix further stated that the erroneous position of the Magistrate
Judge (Ken Jackson) must be appealed. Mr. Norris continued that the
ordinance said the decisions would be RESOLVED in Magistrate Court.
Judge Prior reiterated that the County ordinance couldn’t overrule
the right to appeal under State Law. He denied this line of
reasoning.
All other issues
that Mr. Norris is protesting, including “damages”, will be heard
during the jury trial, which has been set for November 14th.
TWG COMMENT
Is Danny Norris
the one that should be before the Judge or is Ken Jackson the one
that should be there? Ken
Jackson made a ruling completely contrary to a Georgia Supreme Court
ruling on a case very, very similar to this case. Ken Jackson ruled
he didn’t know if it was “constitutional.” If the County appeals
anything it looks like it would appeal Ken Jackson’s ruling. If the
Superior Court rules the ordinance is Constitutional, then Mr.
Norris will have to pay his bill (as most all other citizens have
been doing).
Again we protest
the fact that Ken Jackson stays OUT of his office more than he is IN
it while being paid $59,000+ a year by the Jasper County taxpayers.
How much has he cost the county with this faulty ruling?
Mr. Nix spent at least 3 hours yesterday and most likely at least an
hour going over this case and the information before the hearing.
He will now spend another how many hours to go before a Jury in this
case asking for a little more than $300? Then of course, we will
pay the jurors for their time. Make sure you tell Mr. Jackson
how much you appreciate all this when you see him. Ask him if
he has any idea how much he’s cost the county with this “special”
ruling he gave Mr. Norris. In the past Jackson has come down hard
on people about garbage. Why the change in this case?
TWG
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