Laws of physics are predictable. Shoot an arrow into the sky and if you correctly measure the speed of the arrow, the gravitational pull of the earth, the angle of the trajectory, wind speed and such; you can accurately calculate where that arrow will land. The same for bullets, cannon balls and moon rockets.
Courthouse laws are not quite as predictable because of the politics of the lawyers, judges and even juries. But, minus the politics involved, all of us can read the laws of North Carolina and the USA, as well as the legal procedures and processes and accurately calculate how the judge’s and the jury’s rulings SHOULD land and what the consequences (fines, jail time and other punishments) SHOULD be.
So, let’s take a look at Mr. Willie Green’s various lawsuits against the City of Shelby, Mayor Stan Anthony, City Manager Rick Howell, Violet Dukes and the likelihood of other targeted lawsuits against the other Shelby City Council Members and plot the trajectory to see where all of this might eventually land.
First, the Judges ruling against Rick Howell claim of immunity. The judge ruled that Howell had acted with malicious or criminal intent and outside his duties to represent the city of Shelby with reasonable care and professionalism. Thus, nullifying Howell’s claim of immunity. Howell was sued in his individual capacity-meaning his punishment (fines and such) should come out of his own pocketbook. Although. However, it appears the conniving city manager has been charging his lawyer bills to the city taxpayer’s accounts with apparent knowledge of the City Council. And the Mayor and others appear to be doing the same.
Howell has appealed the Judges ruling that he acted with malicious or criminal intent to the NC Court of Appeals. Other presedents have already been set, so Howell is likely to lose his appeal. If not, Mr. Green is likely to the NC Supreme Court. Who knows, this might even go to the US Supreme Court as Rick Howell and the Mayor and City Council of Shelby’s actions are so egregious and obviously malicious or criminal and immunity is their only way out.
The overall status of the lawsuits filed against Mr. Green Is, despite the city of Shelby fighting a delaying battle on every front, is that Mr. Green has the legal “high ground” and is likely to defeat every attempt to delay and obfuscate by the city and win his cases. Although it might take some time as all large and serious lawsuits seem to require.
After overcoming al the continuing, but frivolous legal tactics thrown up by the City, a jury trial would be forthcoming. Depositions and testimony under oath would raise major problems for the city of Shelby. When finally pinned down on the details and while under oath, any lie would result in a perjury situation for the city. Of course, their MO is to lie, so jail time for perjury would be in their future. They would then likely take the Fifth Amendment to remain silent. Thus, losing their lawsuits against them.
Now, the punishment phase kicks in.
The City (taxpayers would end up paying Mr. Green’s legal bills and other damages. Pain and suffering, compensation for his time, etc. Also damages for the loss of income caused by the city’s malicious actions. Since Mr. Green had an $8 Million loan approved to build his sports complex-lost income to pay off such a loan would result in Millions. Say $8 million at least. Then the lost rental on his townhouses, etc., Say another $2 Million.
That’s $10 Million in damages on the Sports Complex and Townhouses alone. Leaving the lawyer bills, wasted time, pain and suffering, etc. off.
Now, since there are already proven acts of malicious and criminal intent, the reality of punitive damages kicks in. Punitive damages typically triple the compensatory damages. Punitive damages are applied to teach the wrongdoers the lesson to NOT to do wrongdoing anymore. So, $10 Million first noted turns into $30 Million. For punishment damages. That’s $40 million minimum total.
Can the City of Shelby taxpayers cough-up $40 million or more (maybe much more) to settle these lawsuits. Or would bankruptcy kick in? Probably!!!
Now, consider this. Research that I have been personally involved in shows that there have only been two zoning change requests, similar to the one Mr. Green applied for, that the Shelby City Council DENIED over the past five years. One by Mr. Green and one by Mr. Scotty Webber. Both BLACK Men. All the while Council Member Eric Hendricks company applied for a zoning change that was opposed by four neighbors and the City Council approved the Hendrick’s request. An obvious pattern of racial discrimination, malicious and criminal intent and insider wheeling and dealing within the City Council.
Now, the City of Shelby finds itself bankrupt. But what about the Mayor, City Manager and ALL the City Council that took Shelby to the brink and then over the cliff. What about them. Of course, they would all certainly be eligible for long jail terms. But, at the least they would ALL be required to leave office. Resign or carried off; tarred and feathered.
What would happen with ALL of the City of Shelby’s convicted leadership going MIA at the same time. For whatever reason. Who runs Shelby? Who selects and appoints the new Mayor and City Council who then hire a new City Manager???
In the meantime, who keeps the water department making and pumping water. What about the Sewer plant and system? The Electrical and Gas systems? The Police Department?
Who signs the paychecks for everybody? Who collects the bills?
Does President Trump have to Nationalize the National Guard to come in and take over Shelby, another Democrat Controlled City, until the mess is all cleaned up??? Will the same kind of nitwits that we just got rid of be their replacements?
And, what about the taxpayers in the rest of Cleveland County? Do WE have to help pay for all the mess the City of Shelby has gotten themselves into? If history is our guide, that that is exactly what will happen. Shelby spends the money and enjoys the benefits while the rest of us pay the bills!!
Something to think about, right. RIGHT?