High Rise Safety Initiative Collapses at Freefall Speed
Once again, the ineptitude of the Truthers is revealed:
Accordingly, it is hereby,No doubt they will make brave noises about learning from their mistakes on this one and attempt to get on the ballot yet again with a new petition, if people will just send them another $150,000.
ORDERED that petitioners' written application to reject in part and confirm in part the Report and Recommendation of Special Referee Lois Crespo, dated September 15, 2014 is denied and the Report and Recommendation is confirmed in its entirety, and it is further,
ORDERED that consisten with the Report and Recommendation of Special Referee Louis Crespo the Court declares that the petitioners Referendum Petition is invalid, void, and prohibited from the November 4, 2014 ballot....
Update: Ted Walter finally acknowledges defeat.
As it turned out, our financing plan was not bulletproof. While drafting the petition, we and our attorneys did not anticipate the problems that would eventually become clear – namely, that the .9% surcharge on construction permit fees could be construed as a “tax” that the City is not authorized to impose, rather than a “fee” (which the City can impose without state approval), and that having a fund to set aside moneys to be used in future years could be found to violate the balanced budget requirement of the Financial Emergency Act, which prohibits the City from rolling over unused funds from year to year.While holding out the hope that the next time around will be the charm:
In short, we believe the “merely advisory” issue is winnable on appeal. But, given the short timeframe for that appeal to take place (at most a few days) and the likelihood of losing on the issue of the financing plan, it is almost inevitable that the appellate division would simply affirm the lower court’s decision. This would have the consequence of cementing the court’s finding on the “merely advisory” issue, thus making it impossible to attempt another ballot initiative with a revised financing plan in the future. While we do not know at this time if we will pursue another ballot initiative, we do not want to make another attempt impossible by appealing now when we have virtually no chance of winning.