Thursday, December 17, 2015

CITIZEN STRATTON 2, PCSWA 0! AN HONEST JUDGE DOES MAKE A DIFFERENCE!



(#113) 17 December 2015, Vol.2, No.27 > CITIZEN STRATTON 2, PCSWA 0!  AN HONEST JUDGE DOES MAKE A DIFFERENCE!

 

The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2


CITIZEN STRATTON 2, PCSWA 0 – AN HONEST JUDGE DOES MAKE A DIFFERENCE!

Ever since Judge Richard E. Richardson became the Circuit Judge for the Eleventh Circuit Court of West Virginia encompassing Greenbrier & Pocahontas Counties, a whole lot more HONESTY & INTEGRITY has returned to Pocahontas County!  Not since the departure of ole-Judge Charles Lobban has any kind of integrity been seen within the Eleventh Circuit court system.  The judges that we have had in the past two-decades made many of their decisions for POLITICAL REASONS rather than decisions based on LEGAL PRINCIPLES!  And to add insult to injury, these judges even refused to make any decisions at all if they thought that they would be appealed before the Supreme Court of West Virginia.  As it so happened, some of their bad-decisions were appealed before the State Supreme Court and as a direct & proximate result, Judge Frank Jolliffe for instance was denied the opportunity to ever become a judge on the State Supreme Court for misuse of his judicial discretion which ironically occurred as he tried to cover-up for the incompetence & arrogance of the likes of the late Walt Weiford, when county prosecutor!   And as for the recent departure of Judge Joseph Pompanio, Jr., he always seemed to be ‘a day-late & a dollar-short’ in making any decision of any kind – even when the law was staring him in the face!  Whether deliberate or not, his lack of decidedness gave the impression of lack of competence, on issue after issue, case by case!  His departure has become a new blessing to Pocahontas County…and then some!

As previously reported, David Sims, attorney for the Pocahontas County Solid Waste Authority (PCSWA) improperly filed civil cases against close to ONE-THIRD of all landowners in Pocahontas County – including obtaining ‘default-judgments’ and the placing of  ‘Abstract Judgments’ against many, many homeowners to date!  And now Sims & his low-life-clients the likes of which are Edward Riley & Jim Burks & the other-three ‘APPOINTEES’ to the PCSWA think they can once again sue the same persons sued in 2007, and in 2012 to the present!  BUT THANKS TO AN HONEST JUDGE – that nefarious plan was foiled since Sims DID NOT FOLLOW PROPER PROCEDURES and all those cases were dismissed according to law!

Unfortunately all the cases were dismissed ‘WITHOUT PREJUDICE’ meaning that they can be filed again if & when the PCSWA files them correctly!  BUT WHETHER ANY OF THE CASES CAN BE FILED IS A QUESTION-OF-LAW THAT HAS STILL NOT BEEN DECLARED BY ANY COURT TO DATE – BUT THAT IS ABOUT TO CHANGE IN THE VERY NEAR FUTURE AS STEPS ARE BEING TAKEN TO COUNTER-FILE A REAL ‘CLASS ACTION’ AGAINST SIMS, RILEY, BURKS AND THE REST OF THIS DIRTY BAND OF THIEVES & LIARS!

As a precursor, Virginia resident Thomas Stratton filed several motions challenging the 2007 case in which he was NEVER NOTIFIED of any hearing(s), yet found a default-judgment & abstract-judgment filed against him by Sims!  On 11 December 2015, OUR NEW HONEST JUDGE DISMISSED THIS CASE for violation of procedural law!  And the 2012 case was also dismissed since it too violated procedural law!  What Sims tried to do was pay just one filing fee of $150 to bring a civil action into the Eleventh Circuit Court, yet he then added close to 500 defendants who had to defend themselves without this case being declared a ‘Class Action’ litigation!  Sims actually expected the Citizens of this county to collectively pay all his legal costs while he sued them individually!  And then Sims wonders why he has a reputation all across West Virginia as being the lowest-bottom-feeder in the entire dirty pond!

The question no one is asking yet, is how come SO MANY ARE NOT PAYING THE ‘ASSESSMENT FEE’, aka, ‘Green Box fee’, FOR THE DISPOSAL OF THEIR SOLID WASTE?  Could it be that such a ‘fee’ is ILLEGAL compared to the Citizens in other counties and the state law?  The cost for disposing of an entire TON OF SOLID WASTE is about $2 PER/TON – when crossing the scales – so how much does 4 or 5 bags of household trash cost per/month per/part-of-a-ton?  The PCSWA cannot give an answer since they claim their scales cannot read any weight less than 30 pounds!  Well, boo-hoo, to the PCSWA – LET THEM RECYCLE & SELL THOSE RECYCLABLE ITEMS TO OFFSET THE COST OF THE LANDFILL AS PROPOSED & REQUIRED BY STATE LAW!

As previously reported, what the PCSWA is currently doing is trying to get EACH HOUSEHOLD to pay 75% of the cost of the landfill, while only putting 23% of the trash-volume into the landfill!  Meanwhile, the commercial enterprises in the county, such as Snowshoe & Silver Creek, and other businesses only pay 25% of the cost of the landfill while filling the landfill with 75% of their solid waste!  Thus yet again the Citizens of Pocahontas County are being CHEATED and forced to pay for something they do not use!  Here is the scenario of how they are CHEATED YET AGAIN:

               1 > Paid MINIMUM-WAGE if employed by local
                       businesses;
               2 > If a school teacher, the lowest-paid in the State;
               3 > If employed at a ski-resort, the lowest-paid in the
                        nation;
               4 > If a homeowner, forced to pay an ‘assessment fee’ by
                       PCSWA to cover cost of landfill, and subsidize the
                       commercial enterprises that pay the lowest-
                       wages possible!

And to add insult to injury – now we are being told the school board wants to raise the property taxes to build new schools!  WELL – what happened to the $8+ MILLION received from the federal government following the 1996 flood to build new schools out of the flood-plain?  Maybe you can tell us ALICE IRVINE since YOU had control of all those funds!

Oh, yeah, we’ve all heard the rumors of the SCHOOL ADMINISTRATION receiving special bonuses, stipends & other PERKS from the funds that they have had available – so where & when have all the REPAIRS & ADDITIONS to the existing school buildings taken place!  But while ALL the School Administrators receive salaries ABOVE $75,000 - $125,000 EACH – they too want the MINIMUM-WAGE EARNERS to pay all their expenses & then some…and still pay for NEW SCHOOLS!  Well was anyone paying attention to RANDOLPH COUNTY when the Voters recently SAID ‘NO’ – TO ANOTHER SCHOOL BOND?

And just look at local government!  We have perhaps the THREE-DUMBEST-THREE-STOOGES ever elected to the county commission!  They are so DUMB that they had to hire Robert Martin as their ersatz-attorney since apparently NOT ONE of the THREE-STOOGES can make a decision on their own or with the help of the other two!  Yet we Citizens are paying EACH OF THEM $40,000 per/year = $120,000 of public welfare going to the THREE STOOGES for NOTHING…for just two-meetings a month to just vote as Bob tells them!  And Bob is being paid $36,000 to confound these THREE STOOGES!  They all just attend a meeting to pick up their public-welfare-checks!

Then we have the local Board of Education who also are SO DUMB that they too had to hire ersatz Robert Martin at another $36,000 a year salary!  Bob also confounds the five BOE members since they also are too Stupid to make any decisions of, by or for themselves or with the help of any others – only Bob tells us what to do!  SO HUNDREDS-OF-THOUSANDS OF DOLLARS ARE BEING SPENT BY WE CITIZEN-TAXPAYERS TO PAY PUBLIC-WELFARE TO THE THREE-STOOGES ON THE COUNTY COMMISSION, AND THE FIVE MEMBERS ON THE BOE!  And a total of $72,000 to Robert Martin for him to pretend to be an ‘advisor’ while our county prosecutor sits quietly and collects his $114,000+!  And then folks actually complain as to just WHY this county has turned itself into such a ‘SCHEISS-HÖHLE’!

But ain't this the same Bob Martin that filed false documents/ information in a case before the Fourth Circuit Court of Appeals in Richmond, Virginia, in which he lost his license to practice in that federal court?  And because of that nefarious activity, didn't the West Virginia Bar Association try to have dear-ole-Bob DISBARRED ALTOGETHER?  And isn't this the same Bob charged and/or arrested twice in Morgantown, WV, 'under the influence of alcohol' during WVU football games?  Exactly what does 'moral turpitude' mean Bob?  Perhaps you can explain its meaning at the next meetings of the THREE-STOOGES & BOE!

And then – on top of it all – we have such ‘sleazes’ like Ed Riley, Jim Burks & David Sims – none of which were elected – trying to collect ‘DEBTS’ that they have manufactured & generated on paper, not in reality, against folks without a shred of evidence in order to obtain an ‘Abstract Judgment’!  AND FOR WHAT?  What does Riley, Burks or Sims really expect to get out of all this?  The deeds to other Folks property?  And if so, FOR WHAT?  Folks are LEAVING THE COUNTY – not coming here to live – just in case no one has noticed lately!  And the local businesses that are still here are finally realizing that they are LOSING MONEY since no new money is being generated; the older, larger businesses have closed and gone elsewhere, and the MINIMUM-WAGE IS NOT ENOUGH to pay for all the demands being placed upon each & every person still left in the county!  SO WHO BENEFITS FROM CORRUPTION?  NO ONE & that’s a fact!

Hopefully, perhaps Our New Honest Judge can make a few more JUST & RIGHTEOUS DECISIONS…it sure would make a difference for the mutual benefit of all concerned!

ONE WAY OR ANOTHER…WE ALL REAP WHAT WE HAVE SOWN…& then some!

♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦

The Pocahontas Crier is an independent, free, non-subscription, Internet News Service providing in depth reporting on important issues directly affecting the Citizens
of Pocahontas County, West Virginia, and meant for entertainment in the true ‘muckraking’ & ‘iconoclast’ tradition of questioning authority, challenging corruption, exposing impropriety and the appearance of impropriety, and offering Common Sense Alternatives for
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