[00:00.000 --> 00:06.560]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.560 --> 00:13.200]  Markets for Wednesday 16 January 2019 open with precious metals gold at $1,294.63 an ounce,
[00:13.200 --> 00:20.120]  silver $15.60 an ounce, copper $2.66 an ounce, oil Texas crude $52.11 a barrel, brand crude
[00:20.120 --> 00:28.000]  $60.64 a barrel, and cryptos in order to market cap Bitcoin $3,649.76, Ripple XRP
[00:28.000 --> 00:35.000]  $0.32, Ethereum $122.95 and Bitcoin cash at $129.54 a crypto coin.
[00:35.000 --> 00:43.760]  Today in History, the year 1377 Pope Gregory XI moves the papacy back to Rome from Avignon,
[00:43.760 --> 00:50.400]  France where it had been since 1309. The relocation of the Pontiface Maximus back to Rome from Avignon.
[00:50.400 --> 00:57.400]  Today in History. In recent news, for the fiscal year of 2017 in Texas,
[00:57.400 --> 01:03.000]  nearly 18,000 state employees working for cities, towns and counties made at least $100,000 in their
[01:03.000 --> 01:09.160]  yearly salary costing taxpayers $2.1 billion with almost 2,000 of them making more than $150,000
[01:09.160 --> 01:14.520]  out earning even the governor's pay grade. In Denton County in the city of Renau with a population
[01:14.520 --> 01:19.400]  of only 8,000, city manager Scott Campbell made over a quarter of a million dollars. In Dallas
[01:19.400 --> 01:25.320]  County, the city manager Opal Maldon Jones of Lancaster, a population of 39,000, made over half a
[01:25.320 --> 01:30.520]  million coming in second place on the top 10 most compensated city managers in Texas. The number
[01:30.520 --> 01:37.080]  one spot went to Jesus Olivares of Laredo, population 261,000. When he retired in 2017,
[01:37.080 --> 01:43.320]  he was paid out over $651,000 in cash when he originally started off at roughly only $160,000
[01:43.320 --> 01:48.680]  in 2014. However, it wasn't only city managers ranking in the dough, assistant city managers of
[01:48.680 --> 01:53.800]  which cities have more than one have also been compensated quite well. All of Austin's five
[01:53.800 --> 01:58.520]  assistant city managers are raking in well over $200,000 each as well as the four assistant city
[01:58.520 --> 02:03.320]  managers in San Antonio. If that wasn't enough for you even pool managers, zoo, public works,
[02:03.320 --> 02:07.960]  parks and recreation and library directors have all benefited quite lucratively from their public
[02:07.960 --> 02:14.760]  service as well, many of which are several degrees north of $150,000. Add to this the 42 library and
[02:14.760 --> 02:20.120]  95 park employees making at least six figures and maybe it's time Texans quit worrying about cutting
[02:20.120 --> 02:27.640]  pork in Washington and start focusing on frying some local bacon instead. The oldest soft drink
[02:27.640 --> 02:32.200]  brand in the United States, the Dr. Pepper soft drink company started a change.org petition to
[02:32.200 --> 02:38.120]  become the official soft drink of Texas. Dr. Pepper was created in Waco in 1885 by a pharmacist named
[02:38.120 --> 02:46.760]  Charles Alderton. The petition has well over 5,000 signatures. The state's 321,000 public school
[02:46.760 --> 02:50.840]  teachers could be getting raises pretty soon with Senator Jane Nelson filing a bill to give
[02:50.840 --> 03:20.680]  teachers a $5,000 annual raise. Get with Rick Brody with your bow down for January 16, 2019.
[03:20.840 --> 03:41.560]  Okay, howdy, howdy, Randy Kelton, rule of law radio on this Friday, the 21st day of January,
[03:41.560 --> 03:51.880]  2018. And I'll start with a little update on what we're doing with the electronic lawyer project
[03:51.880 --> 04:00.200]  while we're waiting for some callers. Our call in number is 512-646-1984. Got the call to page on.
[04:01.080 --> 04:04.840]  So if you have a question, comment, give us a call. We'll be taking your calls all night.
[04:04.840 --> 04:17.960]  Okay, we have been working on a project to do a proof of concept. We're working on the SEC code.
[04:20.120 --> 04:29.160]  And the SEC code has to be the most complex, convoluted piece of trash I've ever seen.
[04:29.160 --> 04:39.080]  There is no way this code can pass the statutory construction requirements. Now I've read the
[04:40.120 --> 04:50.040]  securities code for Singapore and for Switzerland. Anybody can read those. It makes sense of them.
[04:50.040 --> 04:59.560]  Nobody can read the US SEC code and make sense of them. It appears as though the code was carefully
[04:59.560 --> 05:09.000]  constructed so as to be vague and unclear, leaving the SEC with room to interpret the codes
[05:09.000 --> 05:21.800]  anyway they want to. Their problem is this questionnaire tool works very well to sort out
[05:21.800 --> 05:33.320]  their convoluted trash. A regular person trying to read this, it starts out by saying in the first,
[05:33.320 --> 05:45.720]  like 230.251, that is the regulation A exemption. The first paragraph halfway in the paragraph says
[05:47.720 --> 05:57.400]  this applies if you intend that you're offering B in compliance with 230.261.
[05:57.400 --> 06:09.240]  I don't know if it's in compliance with 230.261. I'm in 230.51. So I have to go to 230.251.261
[06:09.240 --> 06:15.080]  to figure out if I'm in compliance. So I want to get into 261. You get about halfway through that
[06:15.080 --> 06:26.040]  and it says now you have to comply with 2209.1101c. So I go to 2209.1101c and then that refers
[06:26.040 --> 06:37.720]  me to something else. I'm about 50 questions in before I get past the first half of the first
[06:37.720 --> 06:46.280]  paragraph and it goes downhill from there. All through the code. So I just was working on some
[06:46.280 --> 06:57.160]  today that 230.504 and it said you have to be in compliance with 230.502 and 502 said you have to
[06:57.160 --> 07:06.280]  be in compliance with 230.503 and 503 said you have to be in compliance with 230.504. Now,
[07:06.280 --> 07:15.240]  wait a minute. We started out with 504. In order to be in compliance with 504, you have to be in
[07:15.240 --> 07:22.040]  compliance with 504. How does that work? Circular. I now found a number of places
[07:22.600 --> 07:28.840]  where they have these circular references. It looks like they went to a lot of trouble.
[07:30.520 --> 07:35.480]  Instead of saying you have to be in compliance with 230.261,
[07:37.160 --> 07:41.160]  they could have said you have to meet this requirement, this requirement, this requirement,
[07:41.160 --> 07:47.800]  this requirement and those requirements would be exactly the same as what you would find
[07:47.800 --> 07:59.240]  in 261. But a human being could follow that with the way they have these one code referencing
[07:59.240 --> 08:06.040]  another code referencing another code referencing another code. They did all this complex convoluted
[08:06.040 --> 08:12.520]  garbage and because it was so complex and convoluted, they got it messed up. They couldn't
[08:12.520 --> 08:21.320]  keep it straight themselves. And then they have sentences that simply don't make sense.
[08:22.200 --> 08:29.800]  They have sentences that are internally circular where the back half of the sentence
[08:29.800 --> 08:36.520]  depends on the first half of the sentence and the first half of the sentence refers to the
[08:36.520 --> 08:45.960]  back half of the sentence, makes no sense at all. So we thought a plan. What we're going to do is
[08:47.400 --> 08:56.200]  prepare a set of information requests to the SEC. And in the SEC manual, the SEC is required
[08:56.200 --> 09:07.560]  to answer questions from ordinary citizens. Never seen this in any other agency where
[09:07.560 --> 09:16.520]  they're specifically required. The SEC does not protect professional investors.
[09:17.640 --> 09:25.560]  They call them accredited investors. Accredited investors, they assume that you're a professional
[09:25.560 --> 09:31.000]  and you know your business, you don't need their protection. The SEC is only there to protect
[09:31.720 --> 09:37.560]  the ordinary private individual who's trying to invest in these offerings.
[09:39.720 --> 09:45.240]  And in furtherance of that, since they're there to protect the ordinary citizen,
[09:45.240 --> 09:51.160]  if an ordinary citizen has a question about the codes, the SEC is required to answer that question
[09:51.160 --> 09:58.440]  for me. So I'm going to ask them some questions. But they're going to be pretty hard questions.
[09:59.800 --> 10:10.440]  I'm going to ask them to explain the code in a way that I can use their explanation in court.
[10:12.680 --> 10:18.600]  And that the SEC will not contradict the explanation we use in court. They're not
[10:18.600 --> 10:25.800]  going to like that one little bit because they don't want to be bound by what they're telling us.
[10:25.800 --> 10:31.160]  They want to be able to do a little song and dance and seltzer down your pants and get you to go away
[10:31.160 --> 10:39.480]  and live long. Well, I'm going to ask them for a definition of securities. This is the Securities
[10:39.480 --> 10:48.120]  and Exchange Commission, after all. So give me a definition of securities that does not include
[10:48.120 --> 11:00.760]  four specific terms of art that are not defined anywhere on planet Earth. The statutory definition
[11:01.320 --> 11:06.840]  and the definition in the Code of Federal Regulations has four terms that aren't defined
[11:06.840 --> 11:14.280]  anywhere. When I called the SEC and asked them for a definition, they referred me to investopedia.
[11:14.280 --> 11:21.080]  They did an email. I've got the email. And I called them back and I said,
[11:22.120 --> 11:33.720]  are you kidding me? Did you really send me to a commercial website to define the primary term
[11:33.720 --> 11:46.920]  you use to define what you do? They said, yes, they did not have a definition that a reasonable
[11:46.920 --> 11:54.600]  person of ordinary prudence could read and understand. So they didn't respond to that one.
[11:54.600 --> 12:04.280]  I've got probably 50 terms like that. I've got statutes that go in circles, statutes that make
[12:05.160 --> 12:13.400]  absolutely no sense on their face. Statutes that are written so vague and ambiguous,
[12:13.400 --> 12:21.640]  they can be interpreted in any way the SEC chooses. And that would not be such a great
[12:21.640 --> 12:33.000]  problem except that if the SEC initiates an investigation against a seller of securities,
[12:34.360 --> 12:40.680]  they can stop the seller from selling securities just because they initiated an investigation.
[12:40.680 --> 12:51.640]  The way I read the Constitution, that is not a constitutional application
[12:51.640 --> 12:58.280]  of the law. It goes to pains and penalties. Under our Constitution, you can only be punished
[12:58.280 --> 13:07.000]  after you're convicted. But the SEC can on a whim initiate an investigation and shut you down.
[13:07.000 --> 13:17.640]  Now, I'm not saying they do that. What I'm saying is they can if they choose to and that is not
[13:17.640 --> 13:28.920]  acceptable. So petition the district court for a petition for declaratory judgment
[13:28.920 --> 13:40.440]  and ask the district court to define all of the terms that the SEC decides not to define
[13:41.160 --> 13:48.920]  and ask the district court to give me a definition that I can rely on and bring into court without
[13:48.920 --> 13:58.520]  challenge. That is not going to make the SEC happy. And what we're doing is I'm building these
[13:58.520 --> 14:08.760]  questionnaires and then we'll make them available online at a small price to players in the field
[14:10.600 --> 14:17.800]  or in the space so that they can go through the codes and it will give them, it will output
[14:17.800 --> 14:23.800]  a checklist to meet this requirement, this requirement, this requirement. Just give them a list
[14:23.800 --> 14:30.600]  of all the requirements they have to meet. So they don't have to dig through 500 pages of codes,
[14:31.960 --> 14:36.920]  twisted convoluted codes. They can just go down the list. I got them all right there.
[14:38.120 --> 14:44.680]  And we're using this as a proof of concept. We want to be able to demonstrate to an investor
[14:44.680 --> 14:56.680]  that the tool that we have is a tool that people who have a interest in this area will pay us for.
[14:58.600 --> 15:04.120]  So I think we will be able to generate a lot of interest in the space
[15:04.120 --> 15:13.560]  because for the most part in looking into these ICOs, the backery this year, the SEC shut down a
[15:13.560 --> 15:21.160]  company called Munshi. Munshi had set up their offering and they hired an attorney and the attorney
[15:21.160 --> 15:27.240]  approved their offering. And it had a statement in their white paper that said if you sell these
[15:27.240 --> 15:32.920]  tokens, if you purchase these tokens and other people purchase the tokens and they send them to
[15:32.920 --> 15:43.800]  each other, they can increase in value. Holy mackerel, that was absolutely the biggest red flag
[15:44.360 --> 15:54.200]  that could be in their white paper. How did their lawyer miss it? And they pay lawyers between 10
[15:54.200 --> 16:04.840]  and 100 grand to set them up. And they had the one key thing you absolutely cannot have. What
[16:04.840 --> 16:12.520]  is going on? They terrified the whole industry. Nobody feels safe from the SEC. They feel like
[16:12.520 --> 16:17.000]  the SEC can come after them arbitrarily and preciously anytime they want to.
[16:17.000 --> 16:24.920]  And we turned that around on them. SEC come after you. We give you a declaratory judgment
[16:24.920 --> 16:29.720]  suit. You drop on them. Put them in the federal court immediately. One of the requirements in
[16:29.720 --> 16:37.240]  their manual is that they evaluate the cost of an investigation and their potential gain
[16:37.240 --> 16:42.920]  before they initiate the investigation. We'll push their cost rights through the roof. Hang on.
[16:42.920 --> 16:51.480]  Randy Kelton, rule of law radio. I call it number 512-646-1984. We have the phone lines open.
[16:51.480 --> 16:54.680]  We'll keep them open all night. We'll be right back.
[17:01.320 --> 17:05.320]  Rule of law radio is proud to offer the rule of law traffic similar. In today's America,
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[19:22.760 --> 19:51.320]  Okay, we are back. Randy Kelton, rule of law radio on this the 25th day of January 2018 and we're
[19:51.320 --> 19:58.680]  going to go to the phones. That's kind of the story on the SEC. We're doing this so that we can
[20:00.120 --> 20:06.200]  get funding. I thought I had funding and the first shot didn't work out. Now we're
[20:07.720 --> 20:12.680]  increasing our technology and going back after another one. So hoping within a month or two
[20:12.680 --> 20:20.440]  we'll be funded. And then we'll get this show on the road. Okay, we're going to Tina in California.
[20:20.440 --> 20:30.920]  Hello, Tina. Hi, Randy. How are you? I am good. What do you have for us today? Well, I have a
[20:30.920 --> 20:41.080]  little bit of info that might help others. But first I want to ask you a question about
[20:43.640 --> 20:50.040]  when people closed on my house and there was an overage amount, which they sent me a letter
[20:50.040 --> 20:58.440]  of the trustees, they who were based out of Texas, BVFTW, Barrett Daphne, Frappier, etc.,
[21:00.760 --> 21:09.560]  and in that letter they stated that, you know, by signing this, I had to sign this letter stating
[21:09.560 --> 21:18.680]  that I held them, you know, that I excluded them from all liability for any claims, any, you know,
[21:18.680 --> 21:25.480]  basically I tell, you know, I can't come after them for anything after this by then sending me
[21:25.480 --> 21:33.560]  what is rightfully owed to me. And I changed that letter. I took the last two paragraphs and
[21:33.560 --> 21:40.440]  basically changed it then to say, by sending me the check, I hold you fully responsible for
[21:40.440 --> 21:46.200]  any and all damages and until I'm fully paid for for this house, I do not release any claims.
[21:47.720 --> 21:53.320]  How is there a way for me to, they sent me the check. They obviously didn't read what I signed.
[21:54.600 --> 21:59.240]  And is there any way for me to go after them for what they basically did?
[21:59.240 --> 22:05.640]  Certainly there is. And even if you had signed it with those paragraphs in place,
[22:06.600 --> 22:13.160]  they were meaningless because those requirements were unconscionable.
[22:15.800 --> 22:20.200]  An unconscionable tenant of a contract is unenforceable.
[22:22.920 --> 22:26.920]  They're just, that's just song and dance. They're trying to trick you into thinking you can't go
[22:26.920 --> 22:34.600]  after them. And I'm thinking that they're the soft targets. You sue them.
[22:35.320 --> 22:42.040]  The only question is, is in California, and it may be the same in other states, it appears that the
[22:42.040 --> 22:50.600]  trustee has no liability. How can a trustee have no liability if there are trustee, because the
[22:50.600 --> 22:55.800]  definition of a trustee is as opposed to work for both parties, which they never do in forego,
[22:55.800 --> 22:59.320]  just they only work for the bank. But how can they...
[22:59.320 --> 23:04.920]  Well, if the trustee steals your funds, they don't have any immunity from that.
[23:07.800 --> 23:15.080]  The trustee only has immunity from acts he performs within the scope of his duty.
[23:16.280 --> 23:21.880]  So if they refused to send me a certified accounting, which I requested on many occasions,
[23:21.880 --> 23:30.760]  that... And they took more than what they had stated in a prior statement to me.
[23:31.400 --> 23:36.040]  Let's say, for instance, I'm just thinking up the top of my head, at one point they sent me a letter
[23:36.040 --> 23:47.560]  that 519,000 was owed. And then after a foreclosure statement, the minimum bid amount was 516,000.
[23:47.560 --> 23:53.400]  So by sending me a letter three or four months earlier that this amount is due,
[23:54.120 --> 23:58.760]  isn't that stealing my funds? They denied you in your right to...
[24:00.520 --> 24:04.200]  Okay. Did they increase the amount at foreclosure or decrease it?
[24:04.200 --> 24:09.800]  No, they decreased it. Okay. Then they sent you the cure amount that was higher
[24:10.920 --> 24:14.440]  than the actual amount owed. They denied you in your right to cure.
[24:14.440 --> 24:18.600]  So... Yes. So the trustee for fraud.
[24:20.760 --> 24:27.400]  Okay. They don't... They only have immunity from acts within scope.
[24:29.880 --> 24:31.400]  The fraud's not within scope.
[24:33.080 --> 24:40.600]  Okay. Well, it shouldn't be. Yeah. Okay. So fraud, Susan, for fraud. And I have the letter
[24:40.600 --> 24:46.040]  backing me up that they... And file a criminally accusedee,
[24:47.240 --> 24:55.800]  trustee of stealing funds from you. Okay. Okay. Good. Stealing funds. I can do that. I like that part.
[24:56.920 --> 25:07.240]  Because my bearing is if the amount went from 519, then to 513, then to 518, and then to...
[25:07.240 --> 25:12.600]  But if foreclosure's been able to 516, and that's just like from memory, it's obviously different,
[25:14.200 --> 25:18.040]  then how can I possibly know which is the right figure to pay?
[25:19.320 --> 25:29.480]  Exactly. Okay. So, you know, at the end of the day, if you completely adjudicate the suit,
[25:29.480 --> 25:33.640]  the courts in California are bought and paid for. They're going to rule against you.
[25:33.640 --> 25:37.080]  They're going to cost them a fortune to fight you anyway.
[25:38.200 --> 25:40.760]  Yeah. And they've got nothing to take from me because they've taken it all.
[25:41.480 --> 25:45.000]  Yes. So, you start to fight, and then you ask the court to order mediation.
[25:46.680 --> 25:53.320]  And they bring their errors and emissions carrier to the table to mediate. They use some money to
[25:53.320 --> 25:59.080]  get you to go away. Okay. Then you use that money to sue the next guy.
[25:59.080 --> 26:06.840]  Yeah. And there's quite a few of them because I consume for a lot of things that I'm finding out
[26:06.840 --> 26:13.240]  that they've got. Well, great. I'm going to write those notes and do that. Now, today I learned
[26:13.240 --> 26:21.800]  from someone something quite interesting. And what he is doing and winning on, he lost his
[26:21.800 --> 26:30.600]  health and they actually took, he's in his seventies, they took him out using 20 police cars,
[26:31.560 --> 26:38.520]  gotten to his wife's head and to his head and threw him in jail. And then they filed a notice
[26:38.520 --> 26:44.280]  that he had abandoned the property. Yeah, forcefully he had abandoned it. Anyway,
[26:44.280 --> 26:53.560]  he said what he found was the weak link in the chain. And instead of fighting for the node and
[26:53.560 --> 27:04.760]  this and the other and things, he found out that the county clerk did not have an oath of office
[27:04.760 --> 27:13.080]  on file. And he also found that at least one of the policemen that was there arresting him
[27:13.080 --> 27:21.400]  did not have an oath of office on file. So he has said if they're impersonating an officer,
[27:21.400 --> 27:25.320]  if they don't have their oath of office, I mean, what makes a policeman a policeman?
[27:27.560 --> 27:32.600]  They have to take an oath of office to protect themselves. Otherwise, anybody can go out and
[27:32.600 --> 27:36.280]  say, well, I'm a policeman, you know, I don't have an oath of office, but I'm a policeman
[27:36.280 --> 27:43.000]  because I have a badge that I got out the dollar store and I have a gun. And he said he's been
[27:43.000 --> 27:50.120]  winning 99% of things, but only on appeal. He loses every time at the trial court and he's won
[27:50.120 --> 28:00.840]  99% at appeal. I need to talk to this guy. The other thing he needs to do is go after them
[28:00.840 --> 28:07.480]  criminally. If he's winning in the appeals court, as soon as he wins in the appeal court,
[28:07.480 --> 28:13.880]  he should go back after them criminally because that establishes the improper behavior.
[28:15.320 --> 28:23.240]  It becomes resuticata. Yeah. Yeah. Okay. He gave me some very good tips. He said,
[28:23.240 --> 28:29.000]  it's all about the words you use and how he turns it on them. And he doesn't expect, you know,
[28:29.000 --> 28:33.240]  he'll ask them to, when they ask him what his name is, he'll say, define what name you want.
[28:33.880 --> 28:39.640]  You know, my wife calls me one thing and my friends call me another. So which name is it?
[28:40.680 --> 28:47.320]  So he kind of just plays games with them to make them realize that he's just not a pushover
[28:48.120 --> 28:53.640]  and that he's not going to accept everything they say as gospel. And he's going to challenge
[28:53.640 --> 29:00.200]  everything using the black small dictionary definition. Good. I definitely want to talk
[29:00.200 --> 29:08.280]  to this guy. We take what he does, codify it into our tool and then make it available to
[29:08.280 --> 29:11.880]  everybody. Then he gets an override over all the documentation that it produces.
[29:14.120 --> 29:18.600]  Okay. Well, the first time I've talked to him, we talked for three hours a day.
[29:18.600 --> 29:32.680]  Good. Give him my number or my email. Yeah. He also suggested that I write to my
[29:36.040 --> 29:41.800]  state attorney general based on some of what you were saying the other night to, you know,
[29:41.800 --> 29:46.600]  go after this and do this. He said, well, what I would put in the letter to state attorney general
[29:46.600 --> 29:52.520]  is, you know, he's very nice and I've done a few. Hold on. Hold on. Back to go to break.
[29:52.520 --> 29:55.240]  Randy Sheldon with our radio. We'll be right back.
[30:03.240 --> 30:06.920]  GPS is supposed to help drivers get from point A to point B,
[30:06.920 --> 30:12.600]  but in Australia, it led a trio of Japanese tourists on a voyage into the sea. I'm Dr.
[30:12.600 --> 30:19.160]  Cameron Albrecht. Back to tell you about a navigational disaster next. Privacy is under attack.
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[30:24.520 --> 30:30.760]  you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[30:30.760 --> 30:36.600]  and keep your information to yourself. Privacy. It's worth hanging on to. This message is brought
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[30:59.320 --> 31:04.760]  Stradbroke Island, the GPS told them to cross Moritin Bay. At low tide, the coast looked clear,
[31:04.760 --> 31:11.000]  but then the road turned to mud. Keep going, the GPS said, and the water began rising. Keep going,
[31:11.000 --> 31:16.200]  the GPS said. Within minutes, their car was stuck in the rising waters of the South Pacific,
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[31:27.400 --> 31:36.360]  private search engine. I lost my son, my nephew, my uncle, on September 11th, 2000. Most people
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[31:58.520 --> 32:03.240]  why it fell, why it matters, and what you can do. Hey, it's Danny here for Hill Country Home
[32:03.240 --> 32:07.160]  Improvements. Did your home receive hail or wind damage from the recent storms? Come on,
[32:07.160 --> 32:11.080]  we all know the government caused it with their chemtrails, but good luck getting them to pay
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[32:29.320 --> 32:37.080]  handle your claim and your roof right the first time. Just call 512-992-8745 or go to
[32:37.080 --> 32:42.200]  hillcountryhomeimprovements.com. Mention the crypto show and get $100 off, and we'll donate another
[32:42.200 --> 32:47.720]  $100 to the Logos Radio Network to help continue this programming. So if those out-of-town roofers
[32:47.720 --> 32:57.080]  come knocking, your door should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:57.080 --> 33:01.400]  Discounts are based on full roof replacement. I mean, I actually be kidding about chemtrails.
[33:01.400 --> 33:10.360]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.360 --> 33:26.360]  Yeah, I got a warrant, and I'm going to solve them, to the government them, prosecute them. Okay.
[33:26.360 --> 33:45.400]  All right. Okay, we are back. Randy Kelton with our radio on this Friday, the 21st
[33:45.400 --> 33:56.840]  day of, oh, this Friday, the 25th day of January 2018, 19th. I'll figure out where I'm at in a
[33:56.840 --> 34:06.280]  minute. We're talking to Tina in California. Okay, Tina, when we left, we were going after
[34:06.280 --> 34:14.040]  public officials for no office. Yeah, and then I suggested I write to, based on the fact that
[34:14.040 --> 34:21.880]  the state bar didn't do anything, and they, as you said, shielding these people from prosecution
[34:21.880 --> 34:30.440]  when they commit a felony. He said, well, you know, put in the letter to the AG that
[34:31.400 --> 34:35.880]  there's a little shenanigans going on down in LA that you might want to know about from a legal
[34:35.880 --> 34:41.080]  activity that they're shielding these people from prosecution. They're not, you know,
[34:41.080 --> 34:47.080]  not doing what they're supposed to do as state bar and protecting us. And I just thought you might
[34:47.080 --> 34:57.080]  like to know about this. And you have 30 days by law to respond to my request for a response. And if
[34:57.080 --> 35:04.120]  you don't respond, then you acquiesce to this fact based on what I put in. And by the way,
[35:04.120 --> 35:14.360]  if you don't respond, then count this as a notice of law suit. I would like to see the law behind
[35:14.360 --> 35:23.720]  that. Yeah. If we can bind them into a suit so that... Well, they're not doing their jobs,
[35:23.720 --> 35:29.720]  and they don't respond to you telling them that there's a legal activity going on. What is the AG
[35:29.720 --> 35:39.160]  for? Well, how does the... Yeah, but the AG has to be specifically responsible. You know, like in
[35:39.160 --> 35:49.000]  Texas, the AG has no prosecutorial power unless it is a public official. But they won't go after
[35:49.000 --> 35:56.680]  them. So when we file criminal complaints with the AG against public officials, they will direct
[35:56.680 --> 36:04.600]  us to a prosecuting attorney saying they have no authority. Not true. Law was changed, I think,
[36:04.600 --> 36:11.640]  in 2012. But the AG has done everything they can to keep out of the position of prosecuting
[36:11.640 --> 36:18.120]  public officials. And I've done everything I can to push them into that position. But I haven't
[36:18.120 --> 36:25.800]  filed lawsuits against them yet. I haven't had time. I've been doing everybody else's business
[36:25.800 --> 36:33.480]  instead of mine. A lot of it is time. But if they don't answer, then they still have to hire an
[36:33.480 --> 36:42.040]  attorney and pay an attorney to do something. If you file against an attorney, they have to hire
[36:42.040 --> 36:50.840]  an attorney to defend themselves. Exactly. And it's all about money. The tool I'm developing,
[36:50.840 --> 36:57.000]  what I want to do is take like what this guy is doing. And we take what he's doing,
[36:57.560 --> 37:03.400]  and we structure it into the tool. So that once he works out a procedure,
[37:04.840 --> 37:12.360]  then anybody in a similar position can use that same procedure. Once we start hammering on with
[37:12.360 --> 37:16.920]  lawsuits, then their costs are going to go up to the point they'll have to do something.
[37:16.920 --> 37:20.680]  Which is good. Let's cost them money.
[37:21.880 --> 37:28.840]  It's always about the money. When you start using up the AG's budget, fighting lawsuits,
[37:28.840 --> 37:33.480]  alleging improper behavior on the part of the AG, they'll have to reassess.
[37:35.960 --> 37:42.360]  Yes. Okay. Well, it was very interesting. I will pass this on when I next turn now. I'll tell him
[37:42.360 --> 37:49.480]  that you'd be very interested in speaking with him if he would like. And I mean, he gave me some
[37:49.480 --> 37:56.040]  very good tips to start with, to at least find out, you know, were any of my counter recorders.
[37:56.040 --> 38:02.600]  Because as he said, when they filed that notice of trustee sales, whoever filed that, if they
[38:02.600 --> 38:07.960]  didn't have a notice, if they didn't have their oath of office, they'd taken an improper action
[38:07.960 --> 38:15.880]  they're now authorized to do without an oath of office. That's the way I read the codes.
[38:16.920 --> 38:23.560]  Yes. And that's the way he did. He said, they don't, what they did is, you know, violate your
[38:23.560 --> 38:29.800]  rights and by doing an action that they're not authorized to do, and you go after them for
[38:29.800 --> 38:36.040]  the value of your house or moon, because they were not supposed to do this without the oath of
[38:36.040 --> 38:43.320]  office. The same as the judge, if they don't have their oath of office on file, then they're
[38:43.320 --> 38:52.200]  technically imposed on a judge and any orders they file without that oath should be null and void
[38:52.200 --> 38:59.160]  and be overturned. Yes. Of course, they will. These are the cases. One or two of these won't
[38:59.160 --> 39:03.960]  affect them. But if we can get a lot of these going in, these guys will have to get their
[39:03.960 --> 39:10.440]  act straight and have to start doing things right so they don't give us easy access to them.
[39:12.600 --> 39:15.720]  And once we get the tool in place, every time somebody develops,
[39:16.440 --> 39:23.160]  you know, every time somebody sues them, we can look at that set of facts and you have to assume
[39:24.200 --> 39:29.240]  that if they do something to one person, they've probably done it to a lot of people.
[39:29.240 --> 39:37.320]  So if we take the one person that develops the remedy, then we make the remedy readily available
[39:37.320 --> 39:43.480]  for everybody, and what they did in that case, they'll have to stop doing because they'll automatically
[39:44.360 --> 39:51.160]  come back with a lawsuit against them. Yes. And it won't be long before they run out of shenanigans.
[39:53.560 --> 39:58.280]  Yes, then they'll come up with some new shenanigans, but we'll go after them for that too.
[39:58.280 --> 40:04.440]  But anyway, that's my thing for tonight and I just wanted to let you know. And I'm going to start
[40:04.440 --> 40:11.160]  on Monday finding out who did have and who did not have their oath of office. I never
[40:11.160 --> 40:15.960]  wanted to heard you already in my case. His oath of office was two years out of date when
[40:16.680 --> 40:23.640]  he was on my case. Okay, now you have to check that real careful because I know in Texas
[40:23.640 --> 40:31.320]  is when an official swears to an oath of office that also oath of office is valid as long as
[40:31.320 --> 40:39.400]  the official maintains the position. Well, in our state, it went to a certain date. It says it's
[40:39.400 --> 40:46.760]  to a certain date. Good, good. And if it goes to a certain date, how can they just say, oh, no,
[40:46.760 --> 40:52.280]  no, it's valid until they're out of that position. Well, why does it state valid until the date?
[40:52.280 --> 40:58.040]  Yeah, always you ask, where did you come up with that? Did you just make that up?
[40:59.640 --> 41:04.920]  Never make proactive statement of law out of your own mouth. Never accept a proactive statement
[41:04.920 --> 41:12.520]  of law out of the mouth of the opposing party. Yeah, all law must be out of the mouth of the
[41:12.520 --> 41:23.320]  legislature of the courts. Show me that law. Most of it, these lawyers make it up on the fly. Okay.
[41:24.440 --> 41:29.560]  Okay. Oh, the other thing, other thing, start looking at the people you're contacting, the
[41:29.560 --> 41:35.640]  researchers in California. Let's start compiling a list because I want to bring them all together
[41:35.640 --> 41:43.240]  and see if we can't, once I get this project launched, we will be able to monetize these people,
[41:43.880 --> 41:54.120]  give them a way of generating passive income. Okay. Because the idea is, lawyers only do what
[41:54.120 --> 42:02.600]  lawyers do. And all of these lawyers have a relatively set practice that they follow.
[42:02.600 --> 42:08.440]  All of them follow the same practice. They do this, the lawyer files a motion. He goes,
[42:08.440 --> 42:13.880]  he gets your case, he goes in his files and he pulls out this motion he already has written up,
[42:13.880 --> 42:19.000]  puts your name on it and charges you for creating it. The other side gets the motion,
[42:19.000 --> 42:23.080]  they go to their file, pull out their standard answer, sign it and charge you,
[42:23.080 --> 42:30.680]  charge their client for writing an answer. This is this flurry of motions that Dr. Graves in
[42:30.680 --> 42:37.880]  jurisdiction talks about. They're all standard motions. They do that to use up your retainer.
[42:39.880 --> 42:48.280]  So what we want to do is give them some things they have to address that's not in their current
[42:48.280 --> 42:54.200]  repertoire. They don't want to do anything that they're not used to doing that everybody else
[42:54.200 --> 42:57.560]  doesn't do because they don't want the other lawyers upset at them, they don't want the judges
[42:57.560 --> 43:06.520]  upset at them. So we go to the prosaise who develop different remedies. Give that to the client
[43:06.520 --> 43:11.800]  and the client brings it back to the lawyer and now the lawyer is obligated to pursue it
[43:12.440 --> 43:19.080]  or wind up with his own client coming after him. Now when he goes to the court he can
[43:19.080 --> 43:25.800]  has plausible deniability because my client made me do this, don't blame me and this will expand
[43:25.800 --> 43:33.000]  our remedy in the court. At least that's the idea. Yeah which is what we need and we have to just
[43:33.000 --> 43:39.240]  keep going and it shouldn't be that the lawyers don't upset the judges. None of the same business
[43:39.240 --> 43:45.800]  that's setting the judge their business should be to protect us and to fight for us and they're
[43:45.800 --> 43:53.480]  like little pussies. Right we have to become more dangerous to them than the judges and we can do
[43:53.480 --> 44:01.640]  that. Hang on about to go to work. Randy Kelton, Rural Law Radio, we'll be right back. At Capital
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[44:56.600 --> 45:03.800]  or call 512-646-6440. Are you the plaintiff or defendant in a lawsuit?
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[45:20.920 --> 45:26.760]  know what you should do for yourself. Thousands have won with our step by step course and now
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[45:53.240 --> 46:09.400]  ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[46:23.240 --> 46:37.240]  Okay, we are back. Randy Kelton, rule of law radio on this 25th day of January 2019
[46:38.360 --> 46:43.880]  and we're talking to Tina in California. Tina, have anything else for us tonight?
[46:43.880 --> 46:47.560]  No, no, I'll let you get to someone else and thank you for the time.
[46:48.680 --> 46:51.880]  Okay, I said tonight because I know Tina's got lots of issues.
[46:51.880 --> 46:59.000]  Okay. Thank you, Tina. Now we're going to Sally in Texas,
[46:59.000 --> 47:01.720]  Hello Sally. What do you have for us today?
[47:03.080 --> 47:10.520]  I have a large small question and hopefully you can point me in the right direction.
[47:10.520 --> 47:20.680]  Okay. I have a friend whose disabled son has been living with her for many years.
[47:21.960 --> 47:31.080]  This young man was 60 and he, the coroner said he had a heart attack in the shower
[47:31.080 --> 47:46.120]  and just died and so he did not leave a will and so he does not have any real property
[47:47.320 --> 47:54.040]  other than his clothing and a truck that's 20 years old.
[47:54.040 --> 48:07.160]  And there is a young lady that is the child of one of many ex-wives
[48:08.680 --> 48:16.200]  that is harassing a relative wanting to know was there a will and how much money is there.
[48:16.200 --> 48:28.200]  And I'm like, I don't know how to advise my friend how to deal with this other than
[48:29.560 --> 48:38.280]  sorry there is no money, there's a whole bunch of hospital bills and damage to my house from
[48:38.280 --> 48:46.680]  the flood of water and burial cost and on and on and on.
[48:48.600 --> 48:53.800]  Any, I don't even know what to tell her what to do next.
[48:56.040 --> 49:01.160]  Well it will go into probate since he had no will.
[49:01.160 --> 49:12.200]  And if there is no effective estate and the claims against the estate are greater than
[49:12.760 --> 49:15.400]  the amount of the estate then there is nothing.
[49:16.520 --> 49:24.760]  And you could advise your friend to direct any inquiries she has to the probate court
[49:24.760 --> 49:32.520]  because your friend will have no say on how the estate is administered.
[49:33.160 --> 49:35.000]  That will be done by the probate court.
[49:35.640 --> 49:39.640]  So send them to the probate court and the probate court is likely to tell them to go scratch.
[49:39.640 --> 49:43.800]  Okay, who are, how are these people related?
[49:43.800 --> 49:52.120]  Um, the, my friend is the mother of the young man that died.
[49:53.560 --> 50:06.600]  And this girl claims that she's his daughter but has never had his last name.
[50:06.600 --> 50:16.440]  There is no record that he was involved in her conception other than he was at one time married
[50:16.440 --> 50:17.160]  to her mother.
[50:18.120 --> 50:23.480]  Okay, and it is relatively easy to make that determination these days.
[50:24.680 --> 50:26.440]  Have they done a DNA test?
[50:27.640 --> 50:27.640]  No.
[50:30.440 --> 50:34.040]  First thing to do is DNA test that will establish one way or another.
[50:34.040 --> 50:46.040]  And if he is a daughter and it's established, then you build a daughter for the damage to the property.
[50:46.040 --> 50:54.040]  She inherits the estate, she inherits the debt.
[50:54.040 --> 50:56.040]  Okay.
[50:56.040 --> 51:02.040]  Yeah, and if you want to help your friend, you know, you, you don't know how much damage was,
[51:02.040 --> 51:10.040]  but you get a contractor to come in and calculate what it would cost for a contractor to come in
[51:10.040 --> 51:14.040]  and fix up everything and send the bill to the daughter.
[51:14.040 --> 51:22.040]  Since you want to be the beneficiary of the estate, here you go.
[51:22.040 --> 51:24.040]  You get the bill.
[51:24.040 --> 51:26.040]  Yeah.
[51:26.040 --> 51:44.040]  And she's just beside herself because this girl hasn't been in touch, hasn't killed.
[51:44.040 --> 51:48.040]  Yeah, the easiest way is just send her to the probate court.
[51:48.040 --> 51:50.040]  Yeah, okay.
[51:50.040 --> 51:56.040]  The son's mother, if you had no will, she has nothing to say about it.
[51:56.040 --> 52:00.040]  The probate court will do what the probate court will do.
[52:00.040 --> 52:04.040]  And if they want to make a claim, they can make it to the probate court.
[52:04.040 --> 52:06.040]  Okay.
[52:06.040 --> 52:08.040]  That should be easy enough.
[52:08.040 --> 52:10.040]  Yeah.
[52:10.040 --> 52:12.040]  Is she living in your property?
[52:12.040 --> 52:14.040]  Did I get that right?
[52:14.040 --> 52:16.040]  No, she's not.
[52:16.040 --> 52:20.040]  Oh, so the damage to the property wasn't damage to your property?
[52:20.040 --> 52:22.040]  Oh, no, no.
[52:22.040 --> 52:24.040]  Oh, okay, I missed that.
[52:24.040 --> 52:32.040]  Well, whatever it cost to repair the damage that was caused when he passed away,
[52:32.040 --> 52:40.040]  if the daughter claims to be the heir, then she gets to inherit the cost.
[52:40.040 --> 52:50.040]  Yeah, that's kind of what my feeling was that I'm not well-versed in these things.
[52:50.040 --> 52:56.040]  I thought, you know, I know somebody that knows everything.
[52:56.040 --> 53:00.040]  Well, I don't quite know everything.
[53:00.040 --> 53:06.040]  I am limited and probate is one of the areas I'm not very knowledgeable about.
[53:06.040 --> 53:08.040]  Yeah.
[53:08.040 --> 53:12.040]  Well, I very much appreciate everything that you do.
[53:12.040 --> 53:22.040]  And for all you guys listening, click the Amazon button before you shop.
[53:22.040 --> 53:24.040]  Yes, it will help.
[53:24.040 --> 53:28.040]  We are struggling to keep this thing on the air.
[53:28.040 --> 53:30.040]  Yeah.
[53:30.040 --> 53:38.040]  And that would be a great benefit, especially if you find benefit from what we produce.
[53:38.040 --> 53:40.040]  Help us keep this on the air.
[53:40.040 --> 53:42.040]  We're live public radio.
[53:42.040 --> 53:46.040]  We're not, we don't get any grants from the government for hours.
[53:46.040 --> 53:48.040]  Hours are all out of our own pockets.
[53:48.040 --> 53:56.040]  And most of the hosts help to support these shows.
[53:56.040 --> 54:00.040]  So we don't get paid, we pay to do these shows.
[54:00.040 --> 54:04.040]  And it's not that we're complaining.
[54:04.040 --> 54:10.040]  This has been, for me, of great value to me over the years.
[54:10.040 --> 54:18.040]  My knowledge in law has increased dramatically because while I'm trying to help other people increase their knowledge.
[54:18.040 --> 54:24.040]  So it has been a value and I'm certainly not complaining about what I put into this show.
[54:24.040 --> 54:26.040]  But we do need some help.
[54:26.040 --> 54:32.040]  I can't put in as much as I'd like to and most of the hosts are the same way.
[54:32.040 --> 54:34.040]  So if you find any value, help us out.
[54:34.040 --> 54:38.040]  We've got some products that we promote.
[54:38.040 --> 54:42.040]  You know, I have that Legal101.
[54:42.040 --> 54:46.040]  Everything that comes in from that goes to the show.
[54:46.040 --> 54:48.040]  I take nothing from it.
[54:48.040 --> 54:54.040]  And then we have Jurisdictionary, we have Eddie's Traffic Seminar.
[54:54.040 --> 55:16.040]  So if you want some good practical legal education, Jurisdictionary, Legal101 and Eddie's Traffic Seminar will give you a good grounding in how to handle yourself if the public officials come after you.
[55:16.040 --> 55:20.040]  And listen to this show, we've got lots of cool things we can do to them.
[55:20.040 --> 55:24.040]  And we're developing more all the time.
[55:24.040 --> 55:26.040]  I do have one question.
[55:26.040 --> 55:32.040]  At one time this girl threatened my friend physically.
[55:32.040 --> 55:38.040]  Would there be any value to her getting restraining order?
[55:38.040 --> 55:44.040]  Did she take this, what was the nature of the threat?
[55:44.040 --> 55:50.040]  She said that she would knock her flat.
[55:50.040 --> 55:58.040]  That should get an assault complaint and definitely restraining order.
[55:58.040 --> 56:02.040]  If I'll criminally against her for assault.
[56:02.040 --> 56:04.040]  Okay.
[56:04.040 --> 56:14.040]  I filed the simple assault against her for making a threat and that will make it real easy to get a restraining order.
[56:14.040 --> 56:18.040]  First time it's a misdemeanor, second time it's a felony.
[56:18.040 --> 56:26.040]  Once the restraining order is in place, then that will probably stop that kind of thing.
[56:26.040 --> 56:28.040]  Okay.
[56:28.040 --> 56:32.040]  Well, I appreciate it.
[56:32.040 --> 56:34.040]  Okay. Thank you very much.
[56:34.040 --> 56:36.040]  And our call lines are open.
[56:36.040 --> 56:38.040]  We don't have any callers tonight.
[56:38.040 --> 56:42.040]  I guess everybody's out partying or something.
[56:42.040 --> 56:48.040]  So I'm going to, since I don't have any callers and I have some time,
[56:48.040 --> 56:55.040]  there are a few things that we do here that I haven't done in quite a while.
[56:55.040 --> 57:05.040]  One of them is due process and I keep looking for a time when I can do a show on due process.
[57:05.040 --> 57:10.040]  Sometimes with my voice it's a struggle, but we're about to go to break.
[57:10.040 --> 57:20.040]  When we come back, I'm going to start going through our processes on due process.
[57:20.040 --> 57:26.040]  And as long as we don't have any callers, I've got plenty of time. I hope I don't bore everybody to death,
[57:26.040 --> 57:35.040]  but I will try to go through what we do and how we structure it and why we structure things the way we do
[57:35.040 --> 57:37.040]  so they'll kind of make sense.
[57:37.040 --> 57:44.040]  Once you get this pattern down, you will become a serious threat to these officials.
[57:44.040 --> 57:52.040]  You will not know how to deal with you and you will help change their behavior.
[57:52.040 --> 58:04.040]  We have been finding that when you subject a public official to a treatment in the law that they're not familiar with,
[58:04.040 --> 58:11.040]  then especially these judges get on conferences and tell everybody else what's happened to them.
[58:11.040 --> 58:16.040]  So these things get around pretty well pretty quickly.
[58:16.040 --> 58:23.040]  And the more people we can get doing it, the more we can get the courts following law.
[58:23.040 --> 58:29.040]  So when I come back, I'm going to go through due process top to bottom.
[58:29.040 --> 58:39.040]  And wouldn't you know, Tim from Texas just called in so he could screw up everything.
[58:39.040 --> 58:44.040]  That's Tim. Tim, I see you there. I'll pick you up first.
[58:44.040 --> 58:50.040]  And if we get done, then maybe I'll start at the top of the next hour.
[58:50.040 --> 58:54.040]  Would you like to make more definite progress in your walk with God?
[58:54.040 --> 59:01.040]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.040 --> 59:06.040]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.040 --> 59:13.040]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.040 --> 59:18.040]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.040 --> 59:27.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.040 --> 59:40.040]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.040 --> 01:00:00.040]  That's 888-551-0102 or visit us online at bfa.org.
[01:00:00.040 --> 01:00:13.040]  The following is flashed upon to you by The Lowest Star of Lowdowns.
[01:00:30.040 --> 01:00:46.040]  Today in History, the year 1377 Pope Gregory XI moves the papacy back to Rome from Avignon, France where it had been since 1309.
[01:00:46.040 --> 01:00:51.040]  The relocation of the Pontifix Maximus back to Rome from Avignon.
[01:00:51.040 --> 01:01:11.040]  In recent news, for the fiscal year of 2017 in Texas, nearly 18,000 state employees working for cities, towns and counties made at least $100,000 in their yearly salary costing taxpayers $2.1 billion with almost 2,000 of them making more than $150,000 out earning even the governor's pay grade.
[01:01:11.040 --> 01:01:18.040]  In Denton County, in the city of Renauk, with a population of only 8,000, city manager Scott Campbell made over a quarter of a million dollars.
[01:01:18.040 --> 01:01:30.040]  In Dallas County, the city manager Opal Maldon Jones of Lancaster, a population of 39,000, made over half a million coming in second place on the top 10 most compensated city managers in Texas.
[01:01:30.040 --> 01:01:44.040]  The number one spot went to Jesus Olivarez of Laredo, population 261,000. When he retired in 2017, he was paid out over $651,000 in cash when he originally started off at roughly only $160,000 in 2014.
[01:01:44.040 --> 01:01:52.040]  However, it wasn't only city managers ranking in the dough, assistant city managers, of which cities have more than one, have also been compensated quite well.
[01:01:52.040 --> 01:02:00.040]  All of Austin's five assistant city managers are ranking in well over $200,000 each, as well as the four assistant city managers in San Antonio.
[01:02:00.040 --> 01:02:12.040]  If that wasn't enough for you, even pool managers, zoo, public works, parks and recreation, and library directors have all benefited quite lucratively from their public service as well, many of which are several degrees north of $150,000.
[01:02:12.040 --> 01:02:24.040]  Add to this the 42 library and 95 park employees making at least six figures, and maybe it's time Texans quit worrying about cutting pork in Washington and start focusing on frying some local bacon instead.
[01:02:24.040 --> 01:02:34.040]  The oldest soft drink brand in the United States, the Dr. Pepper soft drink company, started a change.org petition to become the official soft drink of Texas.
[01:02:34.040 --> 01:02:44.040]  Dr. Pepper was created in Waco in 1885 by a pharmacist named Charles Alderton. The petition has well over 5,000 signatures.
[01:02:44.040 --> 01:02:54.040]  The state's 321,000 public school teachers could be getting raises pretty soon, with Senator Jane Nelson filing a bill to give teachers a $5,000 annual raise.
[01:02:54.040 --> 01:03:04.040]  This was Brick Brody with your lowdown for January 16, 2019.
[01:03:24.040 --> 01:03:53.040]  Okay, we are back. Randy Kelton, rule of law radio, and I ran off the cliff there and it's all Kim's fault because I was having so much fun at his expense I forgot to watch the clock.
[01:03:53.040 --> 01:03:59.040]  Hello, Tim, what do you have for us today?
[01:03:59.040 --> 01:04:22.040]  Well, you said that I messed up everything, but I was going to say maybe you could use this as an opportunity to help me with due process because it appears that this whole entire case that I've been going through for 21 months with the city of Newark's law firm
[01:04:22.040 --> 01:04:29.040]  had to do with a due process violation on their behalf.
[01:04:29.040 --> 01:04:33.040]  That is precisely what it was.
[01:04:33.040 --> 01:04:53.040]  So I was going to say, just so I can make this announcement, everybody knows that today is the 25th. So the 23rd, the judge signed the Order of Dismissal of the City of Newark against me, but they did so without prejudice.
[01:04:53.040 --> 01:05:20.040]  Okay, so, and on the 24th, the clerk stamped it and so it's official. And you're right, when it came down to it, what got the city motivated more than anything is to get rid of this thing and to drop the 80,000 suit against me was politics.
[01:05:20.040 --> 01:05:32.040]  At the end of the day, everything's political. You will never win your case simply because you have the law and the facts on your side.
[01:05:32.040 --> 01:05:33.040]  Right.
[01:05:33.040 --> 01:05:52.040]  You will win your case if you have the politics on your side. And I got to give Tim and Laura credit. This was very difficult for them. These guys are trying to ruin their whole life and they wanted to jump in and defend themselves during the trial court.
[01:05:52.040 --> 01:06:05.040]  And I kept telling them, no, no, no, no, don't interfere with somebody when they're screwing up. And the more they screwed up, the harder it got on Tim and Laura, but they held out.
[01:06:05.040 --> 01:06:12.040]  And then once we got into the appeals court, then we got kind of unleashed on them.
[01:06:12.040 --> 01:06:27.040]  And the lawyers had screwed up enough by that time that I suspect that the city finally went to an outside lawyer because we looked at this politically.
[01:06:27.040 --> 01:06:32.040]  How can we use politics to win this case?
[01:06:32.040 --> 01:06:44.040]  Well, the lawyers were the ones that screwed up. The lawyers were the ones that acted improperly. Now, yeah, they were acting in the name of the city, but the city didn't really know what they were doing.
[01:06:44.040 --> 01:06:54.040]  They just hired the lawyers and let the lawyers do what the lawyers do and they trusted that the lawyers were acting in accordance with law.
[01:06:54.040 --> 01:07:04.040]  Well, while the lawyers were screwing up, Tim and Laura never really told them that the lawyers were screwing up. They didn't know them that.
[01:07:04.040 --> 01:07:11.040]  They told them they might have got the lawyers straight and Tim and Laura would still be on the dime.
[01:07:11.040 --> 01:07:33.040]  But once they got out of the trial court, into the appellate court, and on the way there, Tim and Laura got a ruling on a writ of mandamus that declared that the original prosecution was in fact improper.
[01:07:33.040 --> 01:07:39.040]  That became resduticata. That's when the lawyer should have backed up.
[01:07:39.040 --> 01:07:45.040]  But instead of backing up, they figured they had a pro se here that they could bully.
[01:07:45.040 --> 01:07:51.040]  So instead of backing up and doing the right thing, they just increased the bullying.
[01:07:51.040 --> 01:08:08.040]  And then once we got into the appellate court, then when the city found out what was really going on, I suspect that because the city, Tim and Laura, they asked the court to order mediation,
[01:08:08.040 --> 01:08:15.040]  which they did. So that allowed the city to come to the table.
[01:08:15.040 --> 01:08:23.040]  And the city was following the lawyer's advice and trying to collect this $80,000.
[01:08:23.040 --> 01:08:38.040]  And I suspect at one point they got a third party lawyer in there and the third party lawyer said, what in the world is going on? These guys are going to wipe the floor with you in the appellate court.
[01:08:38.040 --> 01:08:46.040]  You guys better do something. And then they came and dismissed everything. But they didn't quite dismiss everything.
[01:08:46.040 --> 01:08:49.040]  Right. And that's what I want to talk about.
[01:08:49.040 --> 01:09:11.040]  The injunction, the permanent injunction. Now, it doesn't say that in this suit, but apparently you have to have the permanent injunction dismissed by order also, which is completely separate from the wording of the suit being dismissed.
[01:09:11.040 --> 01:09:13.040]  Is that correct?
[01:09:13.040 --> 01:09:34.040]  That's a technical detail I'm not certain about. I would have to research that out. But if that is the case, since the city dropped all of their claims, then you should be able to move the court to dismiss the permanent injunction.
[01:09:34.040 --> 01:09:43.040]  Okay. You say you use the word should. Now, we're talking about a judge that we found criminal charges against.
[01:09:43.040 --> 01:09:44.040]  Yes.
[01:09:44.040 --> 01:09:45.040]  It is court.
[01:09:45.040 --> 01:10:02.040]  But if he doesn't, then you take that to the appellate court. And if you take the city back to court on this and they fight it, big mistake on their part.
[01:10:02.040 --> 01:10:13.040]  Here's what I would speak. Let me explain why. You still have a $300,000 claim against him in the appellate court.
[01:10:13.040 --> 01:10:15.040]  Yeah, I do in the appellate court.
[01:10:15.040 --> 01:10:35.040]  And that's essentially dead bang. The appellate court has already ruled that the action that got the, that caused you to file the $300,000 claim was improper, just the way you said it was. So that's kind of dead bank.
[01:10:35.040 --> 01:10:36.040]  Question.
[01:10:36.040 --> 01:10:38.040]  Go ahead.
[01:10:38.040 --> 01:10:55.040]  $300,000. I've heard it said by people that have a lot more experience than me that, yes, people take things to court to sue attorneys or cities and things like that.
[01:10:55.040 --> 01:11:10.040]  But sometimes they overprice the suit. And so therefore they don't get anything because the judge just looked at them and laughs.
[01:11:10.040 --> 01:11:11.040]  Okay.
[01:11:11.040 --> 01:11:21.040]  So we sued them for $300,000 for this administrative hearing that was improper.
[01:11:21.040 --> 01:11:22.040]  Yes.
[01:11:22.040 --> 01:11:42.040]  Why it was improper, so the audience knows is that only, the only reason why it was improper is because they had never adopted it into the city ordinances to allow the court to pass it to an administrative hearing.
[01:11:42.040 --> 01:11:43.040]  So they couldn't.
[01:11:43.040 --> 01:11:44.040]  Okay.
[01:11:44.040 --> 01:11:46.040]  Right.
[01:11:46.040 --> 01:12:03.040]  So the three things that they have an injunction on me about are the three things that they took me to civil court. The main one, I don't know if you can call it the main one, but this is where I want to get due process if we could talk about this tonight.
[01:12:03.040 --> 01:12:16.040]  On the first one was the original $8,000 assessed against me by the improper administrative board. Okay.
[01:12:16.040 --> 01:12:42.040]  The second one was for parking in a church parking lot right next door that I've had an agreement with for 14 years and seven months before they passed the ordinance saying that I had to have a permit from the city along with a written contract between me and the property owner, which is the church.
[01:12:42.040 --> 01:12:50.040]  And don't you have either code of case law that gives you grandfather rights?
[01:12:50.040 --> 01:13:10.040]  Well, no, I don't know that I do. But here's the thing that I do have. I have two or three other businesses here in town. One is the apartment complex that does not have the required amount of parking per unit.
[01:13:10.040 --> 01:13:20.040]  Okay. And then the other one is the main gas station here that does not have enough parking for it.
[01:13:20.040 --> 01:13:43.040]  In other words, it has less than half of what it's supposed to have. So if they enforce an injunction against me for an ordinance, it's in the same section of the newly adopted ordinances in 2009, wouldn't they have to enforce the gas station and the apartment complex?
[01:13:43.040 --> 01:14:06.040]  No. Well, why would they enforce it on me then? That's because they can. This is a problem in law. You can't say that if they file a charge against you, they have to file charges against every other person similarly situated.
[01:14:06.040 --> 01:14:25.040]  They can file a charge against you as an example to everyone else to get them to come into compliance or because you are creating a particular nuisance, they're under law, they're not required to pursue everyone.
[01:14:25.040 --> 01:14:43.040]  Okay. But as I recall, you read me a statute. I'm pretty sure it was out of the municipal code that referenced prior use.
[01:14:43.040 --> 01:14:59.040]  I don't know. I was talking about in the local code here. Yes. I remember you reading about prior use and when you read that, that clearly said that you had a grandfather's right to the parking in the church.
[01:14:59.040 --> 01:15:04.040]  Yeah. It talks about non-conforming use. Non-conforming. That was exactly it.
[01:15:04.040 --> 01:15:25.040]  The third thing is they charged me with was parking things in the parking lot other than what they're calling vehicles. Okay. I had a farm tractor, had an asphalt roller and a forklift.
[01:15:25.040 --> 01:15:42.040]  Wait a minute. Is it so it's illegal in a municipality to put anything on a parking lot that's not licensed? How do they get there?
[01:15:42.040 --> 01:15:57.040]  No. Well, you have... Were these motor driven vehicles? Yeah. How are they different than a car other than licensed?
[01:15:57.040 --> 01:16:16.040]  Well, they said because I'm a service facility, what I'm zoned under, which I think is C1 or C2. I can't remember. I don't have all that information here. It'd be good if I did, but it was just specifically...
[01:16:16.040 --> 01:16:31.040]  But here's the point I was trying to get to was that once they sent me a notice that those were a nuisance and needed to be taken care of, I immediately did it.
[01:16:31.040 --> 01:16:53.040]  Okay. So to have an injunction against me by summary judgment is the question of the night. Should I be able to politically go to the council and talk to them reasonably?
[01:16:53.040 --> 01:17:00.040]  Hang on. About to go to break. Randy Kelton, we'll be right back.
[01:17:00.040 --> 01:17:05.040]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[01:17:33.040 --> 01:17:49.040]  The Michael Mirris Proven Method is the solution for how to stop debt collectors. Personal consultation is available as well. For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com.
[01:17:49.040 --> 01:18:00.040]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:18:00.040 --> 01:18:10.040]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back. I need my truth spit. I'd be lost without logos.
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[01:18:50.040 --> 01:18:51.040]  I mean yes.
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[01:18:58.040 --> 01:19:00.040]  Happy Holidays Logos.
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[01:19:11.040 --> 01:19:26.040]  Music
[01:19:26.040 --> 01:19:37.040]  Okay, we are back. Randy Kelton on this, the 25th day of January 2019 and we're talking to Tim in Texas.
[01:19:37.040 --> 01:19:44.040]  Okay, the injunction.
[01:19:44.040 --> 01:19:59.040]  In talking about this, one thing that concerns me is since they did not drop the injunction and you were adamant in negotiating with them about dropping the injunction,
[01:19:59.040 --> 01:20:14.040]  they may have messed up. I suspect that the lawyers were trying to save face and talk the city into keeping the injunction.
[01:20:14.040 --> 01:20:29.040]  And if that's the case, they may have made a major, major blunder because your $300,000 claim is still there, so that raises an issue.
[01:20:29.040 --> 01:20:36.040]  When is the appellate brief due?
[01:20:36.040 --> 01:20:40.040]  Oh, I guess we could hear you better if I unmuted you.
[01:20:40.040 --> 01:20:42.040]  Okay, now go ahead Tim.
[01:20:42.040 --> 01:20:50.040]  March 4th is when it's due. What I kept trying to say to you is that the attorney replied back and said,
[01:20:50.040 --> 01:21:00.040]  under the directive of the council, we did not drop the injunction and the councilman confirmed that.
[01:21:00.040 --> 01:21:03.040]  Didn't go for them.
[01:21:03.040 --> 01:21:09.040]  They've already dismissed their part. They can't undo it.
[01:21:09.040 --> 01:21:18.040]  The council meeting last night, my wife went to it. It was only an hour and a half long. They did not go back to executive session.
[01:21:18.040 --> 01:21:28.040]  They stayed out front. The ex-mayor's wife got up and did a Wizard of Oz presentation. Soon as three minutes were up, the mayor said,
[01:21:28.040 --> 01:21:39.040]  three minutes to his wife? Uh-oh. She was trying to say about how hard her husband had worked and everything.
[01:21:39.040 --> 01:21:44.040]  He's the one that was manipulating everything. He manipulated the elections.
[01:21:44.040 --> 01:21:54.040]  He said to another councilman, whose actual friend of mine, that they were using me as an example.
[01:21:54.040 --> 01:22:03.040]  As soon as three minutes were up, I think the mayor was like, yeah, and he left me with this mess.
[01:22:03.040 --> 01:22:11.040]  I told Laura that that's probably what he did. He's like, okay, your time's up and everybody's just kind of like, okay.
[01:22:11.040 --> 01:22:23.040]  But from what I understand, everybody on the council and the audience were very lighthearted.
[01:22:23.040 --> 01:22:27.040]  It's like they didn't have this whole thing breathing down their neck.
[01:22:27.040 --> 01:22:36.040]  What I didn't know was that the judge had finally ordered the 23rd, which was Wednesday, and that the court had stamped it.
[01:22:36.040 --> 01:22:46.040]  We had received an email early afternoon Thursday, which was the, you know, yesterday was the Thursday, and that was the council meeting.
[01:22:46.040 --> 01:22:56.040]  So I hadn't, I didn't even know until today. But it just shows that they're all glad that it's behind them.
[01:22:56.040 --> 01:23:10.040]  And then I don't know if you know this, but the city manager who managed to get herself resigned, and she was the one who locomotivated this entire thing against my wife and I.
[01:23:10.040 --> 01:23:25.040]  She had to resign from the city of Newark a couple of months ago. Well, she's now being a temporary fill-in for the city secretary in Rome.
[01:23:25.040 --> 01:23:35.040]  And just so happens, the city manager is a, what do you call it, a councilman in the city of River Oaks.
[01:23:35.040 --> 01:23:42.040]  So I have a friend of mine from high school that I called because he's on the River Oaks city council.
[01:23:42.040 --> 01:23:49.040]  I said, tell him that she is eyeing his job because that would just be perfect for her.
[01:23:49.040 --> 01:24:02.040]  You know, she has nine years of city manager experience, just three, three miles down the road and could boot him out.
[01:24:02.040 --> 01:24:08.040]  You know, it goes that way, right? Yes, he better watch real careful.
[01:24:08.040 --> 01:24:13.040]  So that's what I told him, I said, tell him to watch his back.
[01:24:13.040 --> 01:24:21.040]  That's all. Because you know, she's like, she doesn't have any of her benefits.
[01:24:21.040 --> 01:24:28.040]  She doesn't have her wonderful job that she had down here, everything at her fingertips.
[01:24:28.040 --> 01:24:42.040]  And you know, she's not at retirement age yet. So it would be perfect for her. So anyway, back to the back to the injunction. Yeah.
[01:24:42.040 --> 01:24:50.040]  Back to the injunction. I'm going to suggest a motion to dismiss the injunction.
[01:24:50.040 --> 01:24:58.040]  Okay. And we'll have to go ahead and get it in an appellate brief.
[01:24:58.040 --> 01:25:03.040]  Okay, we're going to have to put on what grounds?
[01:25:03.040 --> 01:25:09.040]  On the grounds that there are no claims to support the injunction.
[01:25:09.040 --> 01:25:18.040]  Okay, and we'll have to give proof. And the proof would have to be that when they sent me the notice in January.
[01:25:18.040 --> 01:25:25.040]  No, no, no, no, no, no. The proof is that the city dropped all claims.
[01:25:25.040 --> 01:25:31.040]  So there are no claims before this court to support an injunction.
[01:25:31.040 --> 01:25:36.040]  Is there case law for that?
[01:25:36.040 --> 01:25:45.040]  I'm sure there is. You dropped all your claims. You have no claims. It doesn't take a rocket sign to figure that one out.
[01:25:45.040 --> 01:25:58.040]  If the city comes to the court and says, I want an injunction against this guy, the court's going to say grounds.
[01:25:58.040 --> 01:26:02.040]  That can get an injunction against you just because they want to.
[01:26:02.040 --> 01:26:18.040]  Well, and also the evidence that they used against me was complaints sent to the city years ago from political opponents of my wife and her friends that were on the council also.
[01:26:18.040 --> 01:26:29.040]  Yeah, but that's all been dropped. The city dropped all claims. There are no claims against you. Now there are no claims to support an injunction.
[01:26:29.040 --> 01:26:32.040]  So the injunction should be dropped.
[01:26:32.040 --> 01:26:41.040]  Well, I was bringing up a point. I was bringing up a point that they used those against me to get the permanent injunction.
[01:26:41.040 --> 01:26:42.040]  Exactly.
[01:26:42.040 --> 01:26:50.040]  They're in a file that they keep, and any time they want, they just pull them out and say, look what Pixler did years ago.
[01:26:50.040 --> 01:26:55.040]  Well, those were just accusations. They were never proven in court, but the court accepted them.
[01:26:55.040 --> 01:27:08.040]  Okay, but you're still arguing a moot point. All of that has been withdrawn.
[01:27:08.040 --> 01:27:09.040]  Okay.
[01:27:09.040 --> 01:27:20.040]  The city has dismissed all claims. There are no claims against you by the city now. So there are no grounds for a permanent injunction.
[01:27:20.040 --> 01:27:24.040]  Well, it was pretty ambiguous. You pick with us, wasn't it?
[01:27:24.040 --> 01:27:35.040]  Yes, they said they dismissed all claims. They didn't mitigate that at all.
[01:27:35.040 --> 01:27:36.040]  Right.
[01:27:36.040 --> 01:27:42.040]  So all claims means all claims. Now they have a permanent injunction against you with no cost.
[01:27:42.040 --> 01:27:51.040]  So just ask the court to dismiss it. When they don't, appeal it, and the court of appeals will toss it.
[01:27:51.040 --> 01:27:53.040]  Okay.
[01:27:53.040 --> 01:28:03.040]  But if you have to do that, then reinvigorate the claim against them.
[01:28:03.040 --> 01:28:06.040]  Well, I never stopped it, yeah.
[01:28:06.040 --> 01:28:09.040]  Yeah, so make sure you get an appellate brief in.
[01:28:09.040 --> 01:28:10.040]  Yeah.
[01:28:10.040 --> 01:28:26.040]  But the only thing you need the appellate brief on is the claim against them of the improper adjudication that's already resdjudicata, and you ask the court for some re-judgment.
[01:28:26.040 --> 01:28:27.040]  Okay.
[01:28:27.040 --> 01:28:29.040]  That should be easy.
[01:28:29.040 --> 01:28:32.040]  Okay.
[01:28:32.040 --> 01:28:46.040]  Adios amigos, and then it's a matter of the municipal league coming to you and making a deal, and then you're still open to sue the lawyers.
[01:28:46.040 --> 01:28:48.040]  Right.
[01:28:48.040 --> 01:28:51.040]  Okay.
[01:28:51.040 --> 01:29:06.040]  And it may be that the municipal league will pay you enough that you can use that money to go back and sue the municipal league. Now is the time you may want to talk to the attorney for the purpose of this deal.
[01:29:06.040 --> 01:29:09.040]  You got to want.
[01:29:09.040 --> 01:29:14.040]  They'll make a better deal with an attorney than they will with you.
[01:29:14.040 --> 01:29:24.040]  And this is a time I suggest using an attorney, not to adjudicate your case, but to go in and make a deal, and that's what they're good at.
[01:29:24.040 --> 01:29:26.040]  That's what they like to do.
[01:29:26.040 --> 01:29:29.040]  Hang on, we're about to go to break.
[01:29:29.040 --> 01:29:37.040]  Randy Kelton, through our radio, call in number 512-646-1984.
[01:29:37.040 --> 01:29:48.040]  We'll be taking your calls all night unless I don't get any better in what I get done with Tim, then I'll go in to try to do at least a couple hours on due process.
[01:29:48.040 --> 01:29:54.040]  I can do that pretty easy, and I need to do this every once in a while just to keep everybody up to speed.
[01:29:54.040 --> 01:30:03.040]  Okay, we'll be right back.
[01:30:03.040 --> 01:30:12.040]  A judge has imposed a lifetime driving ban on a 17-year-old boy after a serious accident to send a message about reckless driving.
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[01:30:47.040 --> 01:30:58.040]  17-year-old Lyle Topo was cruising with three buddies and texting while driving. He crashed into a tree, badly injuring all four boys. One was in a coma for weeks.
[01:30:58.040 --> 01:31:06.040]  The judge gave him a lecture about how the roads are littered with broken futures. Then he revoked the boy's driver's license for life.
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[01:33:30.040 --> 01:33:49.040]  Okay, we are back. Randy Helton, Rule of Law Radio, and we're talking to Tim in Texas.
[01:33:49.040 --> 01:33:53.040]  Let me get Tim unmuted this time. Okay.
[01:33:53.040 --> 01:34:20.040]  Okay, I have a question. When they did it without prejudice, let me see if I can find what the attorney told the counsel person because we had asked that question specifically.
[01:34:20.040 --> 01:34:26.040]  And let's see what he said.
[01:34:26.040 --> 01:34:33.040]  He said, the counsel asked the attorneys to drop the case and they dropped the case. We made the motion in open fashion. Thanks.
[01:34:33.040 --> 01:34:35.040]  That was good.
[01:34:35.040 --> 01:34:40.040]  And I think he said, please see the note from the attorney.
[01:34:40.040 --> 01:34:50.040]  He says, a dismissal may be with prejudice, meaning it may not be refiled or without prejudice, meaning it may be filed again in the future.
[01:34:50.040 --> 01:34:59.040]  Without prejudice would allow us to enforce the underlying injunction that the city council asked us to keep.
[01:34:59.040 --> 01:35:04.040]  Not true. They can come back and try to refile.
[01:35:04.040 --> 01:35:11.040]  The problem is a one-year statute of limitations.
[01:35:11.040 --> 01:35:22.040]  I think it's a one-year. It might be two at max. I think on a class A misdemeanor, class C misdemeanor, it's one year.
[01:35:22.040 --> 01:35:35.040]  It's two years. Then in three months, that time, that clock is run. And in three months, maximum, it becomes with prejudice.
[01:35:35.040 --> 01:35:49.040]  Okay. So, as long as I keep equipment off of my parking lot and I've got my parking strived proper
[01:35:49.040 --> 01:35:58.040]  and I have an agreement with the church, the only thing I do not have a permit, should I have to get a permit?
[01:35:58.040 --> 01:36:11.040]  You read non-conforming use. In a reading non-conforming use, if you had pre-existing non-conforming use before they passed the ordinances, you were allowed to keep that.
[01:36:11.040 --> 01:36:14.040]  So, you were grandfathered.
[01:36:14.040 --> 01:36:31.040]  Yeah. I suspect that after the whip and you gave them, they're not going to care in the least about your parking in the church parking lot.
[01:36:31.040 --> 01:36:48.040]  Well, you know, the only problem that I have is that when it's talking about non-conforming uses, it talks about it. It says non-conforming uses and structures.
[01:36:48.040 --> 01:36:52.040]  So, can I read this to you? Do you have time or do you need to?
[01:36:52.040 --> 01:36:54.040]  Yeah. Go ahead.
[01:36:54.040 --> 01:37:02.040]  It says intent. Within the districts established by this ordinance or amendment, there are two that may later be adopted.
[01:37:02.040 --> 01:37:16.040]  There exist lot structures and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment.
[01:37:16.040 --> 01:37:28.040]  It uses the intent of this ordinance to permit these non-conformities to continue, whether by the same or different owners or tenants, until they remove but not to encourage their survival.
[01:37:28.040 --> 01:37:31.040]  That kind of doublespeak there.
[01:37:31.040 --> 01:37:38.040]  Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.
[01:37:38.040 --> 01:37:52.040]  There is the intent of this ordinance that non-conformities shall not be enlarged upon, expanded, or extended. Not be used as grounds for adding other structures or uses prohibited elsewhere within the same district.
[01:37:52.040 --> 01:38:06.040]  A non-conforming use of a structure or land shall not be extended or enlarged after passage of this ordinance by the addition of uses of a nature which would be prohibited generally in the district involved.
[01:38:06.040 --> 01:38:08.040]  That grandfather's you, clearly.
[01:38:08.040 --> 01:38:10.040]  Right.
[01:38:10.040 --> 01:38:16.040]  That's no long, that's not an issue under the code.
[01:38:16.040 --> 01:38:18.040]  Right.
[01:38:18.040 --> 01:38:29.040]  So it was legal before they did it. It's legal until I move on and then someone new comes in there.
[01:38:29.040 --> 01:38:41.040]  That's the way I read the code. Well, what I've heard, if you sell that business or someone else takes over the business, they can continue the non-conforming use.
[01:38:41.040 --> 01:38:42.040]  Yeah.
[01:38:42.040 --> 01:38:46.040]  If the business shuts down and a new one opens, then they can't.
[01:38:46.040 --> 01:38:53.040]  Yeah, well, all the utilities are still in my name. Basically, my friend is renting my business from me.
[01:38:53.040 --> 01:38:55.040]  Yeah, so you're good.
[01:38:55.040 --> 01:38:57.040]  Yeah.
[01:38:57.040 --> 01:39:12.040]  So anyway, I guess we can talk further. I know you're busy or get out and everything, but about, because I went there and talked to Laura during the break and she was like, you know, she's having surgery Thursday.
[01:39:12.040 --> 01:39:30.040]  So this paper that we're going to file with the judge who we filed criminal charges against to ask him to drop it, we got to kind of, I got to do a little research to figure out before we go walking in there like Doug.
[01:39:30.040 --> 01:39:46.040]  And, and like what you said, there's a year before they can come after us for anything. So I really got to make sure my properties are straightened up, you know, so all my property there is straightened up.
[01:39:46.040 --> 01:39:52.040]  They can't just immediately come back after me. I don't want that to happen either.
[01:39:52.040 --> 01:39:56.040]  Somehow I can't see that happening.
[01:39:56.040 --> 01:39:57.040]  Yeah.
[01:39:57.040 --> 01:40:05.040]  I think they've been beaten up over this all they care to and there's a very good chance they're not ever going to want to get in this position again.
[01:40:05.040 --> 01:40:06.040]  Yes.
[01:40:06.040 --> 01:40:19.040]  The thing is that anyone who has asked them a freedom of information request, how much was spent on this case with attorneys has never been answered.
[01:40:19.040 --> 01:40:26.040]  And the attorneys are the ones answering it.
[01:40:26.040 --> 01:40:28.040]  That's criminal.
[01:40:28.040 --> 01:40:31.040]  Well, they're getting away with it.
[01:40:31.040 --> 01:40:38.040]  Well, does anybody pursuing them the custodian of the record pursue the mayor criminally?
[01:40:38.040 --> 01:40:45.040]  Oh, that's class A misdemeanor.
[01:40:45.040 --> 01:41:01.040]  Well, I think it would be best at this point, since we're all jovial, is to call the mayor and say mayor, we want to know how much was spent on the pixel case and the attorneys won't answer us.
[01:41:01.040 --> 01:41:10.040]  The attorneys are not custodian of the record for the city. The request needs to be sent to the city, not the attorneys.
[01:41:10.040 --> 01:41:12.040]  It is sent to the city.
[01:41:12.040 --> 01:41:18.040]  Okay, then the city is responsible if the mayor is responsible.
[01:41:18.040 --> 01:41:21.040]  He is the custodian of the record.
[01:41:21.040 --> 01:41:24.040]  Okay.
[01:41:24.040 --> 01:41:31.040]  All right, we'll have to figure out how to do that. It's like everything is an uphill battle to do.
[01:41:31.040 --> 01:41:44.040]  That's pretty easy. You go down to the municipal court and file criminal charges against the mayor for violating the Open Meetings Act or Open Records Act.
[01:41:44.040 --> 01:41:52.040]  Very likely that he will get you those records really, really fast.
[01:41:52.040 --> 01:41:54.040]  Yeah.
[01:41:54.040 --> 01:42:00.040]  Or you might call him and tell him you've requested these records.
[01:42:00.040 --> 01:42:04.040]  It's a class A misdemeanor not to produce them.
[01:42:04.040 --> 01:42:10.040]  And your lawyers are setting you up to be prosecuted criminally.
[01:42:10.040 --> 01:42:13.040]  You might want to get them to do their job.
[01:42:13.040 --> 01:42:23.040]  I think what I'll do is I will call the councilman that we have on our side and tell her to maybe give the mayor a call.
[01:42:23.040 --> 01:42:27.040]  Well, actually she can get, she has direct access to that information.
[01:42:27.040 --> 01:42:31.040]  Okay, then we'll get her to get it. That's what we'll do.
[01:42:31.040 --> 01:42:35.040]  She wants it too. She wants to get rid of this entire law firm.
[01:42:35.040 --> 01:42:44.040]  Anyway, this law firm may be ready to go somewhere else anyway.
[01:42:44.040 --> 01:42:50.040]  No, they like the money, man. That's how they make their money on these little towns.
[01:42:50.040 --> 01:43:00.040]  It may be time, since you have the order, now's the time to send the law firm a tort letter.
[01:43:00.040 --> 01:43:11.040]  Well, whatever I do, I don't want to be just throwing darts, you know, because this last thing sure caused us a lot of trouble.
[01:43:11.040 --> 01:43:13.040]  Okay.
[01:43:13.040 --> 01:43:21.040]  Now, but this is the whole thing was saying all along. Now everything turns. They were coming after you.
[01:43:21.040 --> 01:43:27.040]  Now you go after them. Changes everything.
[01:43:27.040 --> 01:43:32.040]  That's why I want to make sure, though, that they can't come directly after me again.
[01:43:32.040 --> 01:43:40.040]  Yes. Well, if I help you, I don't do this stupid. I'm careful.
[01:43:40.040 --> 01:43:46.040]  I'm really careful with the claims I make and how I make them. They won't have a shot at you.
[01:43:46.040 --> 01:44:00.040]  They hang on, about to go to break. Randy Kelton, Will LaRaeo, I call it number 512-646-1984. We'll be right back.
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[01:46:22.040 --> 01:46:35.040]  Okay, we are back. Randy Charlton, rule of law radio, and we're talking to Tim in Texas.
[01:46:35.040 --> 01:46:46.040]  And you're kind of on the good side. You got the $300,000 claim kind of sitting in the court of appeals.
[01:46:46.040 --> 01:46:52.040]  That one's dead bang. It's already adjudicated.
[01:46:52.040 --> 01:47:01.040]  The court of appeals has already determined that the actions by the city in the original adjudication was improper.
[01:47:01.040 --> 01:47:10.040]  And in your complaint against the city, that was your claim, is that that adjudication was improper.
[01:47:10.040 --> 01:47:17.040]  The court of appeals that it was, so your claim is essentially one for default judgment.
[01:47:17.040 --> 01:47:35.040]  Now, if you don't want to pursue that one, then now you can take a tort letter and give notice to the city attorneys and your municipal attorney
[01:47:35.040 --> 01:47:45.040]  of your intent to sue them and claim the same amount of harm against you that you claimed against the city.
[01:47:45.040 --> 01:47:50.040]  Whoever pays you first?
[01:47:50.040 --> 01:48:07.040]  Because I can pretty well assure you that when you sue the municipal league or you maintain the suit against the city, the municipal league will come and make you an offer.
[01:48:07.040 --> 01:48:16.040]  Okay, when you say suit against the city, we didn't have a suit against the city. And that's what they counterclaimed.
[01:48:16.040 --> 01:48:20.040]  You had suit against city officials.
[01:48:20.040 --> 01:48:22.040]  Declaratory judgment.
[01:48:22.040 --> 01:48:28.040]  Yeah, so you're suiting, and now that's ripe for declaratory judgment.
[01:48:28.040 --> 01:48:36.040]  Because the courts have already ruled that your claims were true.
[01:48:36.040 --> 01:48:44.040]  You claim the adjudication was improper. They ruled that it was improper. That's resjudicata. That's a done deal.
[01:48:44.040 --> 01:48:53.040]  Now the issue is harm.
[01:48:53.040 --> 01:49:13.040]  And now you can bring that big back before the court, and you can ask the court of appeals to render a final ruling and give you a default judgment ruling on your claims.
[01:49:13.040 --> 01:49:18.040]  Okay, well it was dismissed with prejudice.
[01:49:18.040 --> 01:49:22.040]  Doesn't matter.
[01:49:22.040 --> 01:49:34.040]  Almost always when a case is dismissed with prejudice, unless there are some incredible grounds against you, the court of appeals will overturn that.
[01:49:34.040 --> 01:49:44.040]  They do not like someone losing their case with no opportunity to correct any errors.
[01:49:44.040 --> 01:49:59.040]  So without the adjudication and the mandamus, you can be pretty certain that they would overturn the with prejudice and give you the opportunity to refile.
[01:49:59.040 --> 01:50:11.040]  But in this case, your claim was ruled proper by the court of appeals.
[01:50:11.040 --> 01:50:18.040]  So that's not something that can be re-adjudicated. That's a done deal.
[01:50:18.040 --> 01:50:25.040]  So there are no issues before the court in dispute.
[01:50:25.040 --> 01:50:42.040]  You move the district court for declaratory judgment in your favor, along with the appeal, and that would likely eliminate the need for an appeal.
[01:50:42.040 --> 01:50:58.040]  Since the city has dropped everything, you just file a motion for declaratory judgment and ask the court to delay your appellate brief until they rule on the declaratory judgment.
[01:50:58.040 --> 01:51:03.040]  You might get that done. It's a done deal.
[01:51:03.040 --> 01:51:06.040]  Okay, repeat that again.
[01:51:06.040 --> 01:51:15.040]  Okay, you made a claim that the original adjudication was improper.
[01:51:15.040 --> 01:51:27.040]  The court of appeals, when you filed the petition for rid of mandamus, agreed with you and declared that the original adjudication was improper and tossed it.
[01:51:27.040 --> 01:51:37.040]  You filed a claim against the city based on that adjudication, based on that argument. The arguments ruled in your favor.
[01:51:37.040 --> 01:51:47.040]  Now, the improper action of the city in the prosecution is resjudicata.
[01:51:47.040 --> 01:51:58.040]  It's already been determined that it was improper. The only determination left is how much damages you have a right to.
[01:51:58.040 --> 01:52:14.040]  So you ask the court of appeals for a declaratory judgment, and then the other side can ask for a prove-up hearing on the harm.
[01:52:14.040 --> 01:52:22.040]  It's not a matter of whether you win or not. It's only a matter of how much you win.
[01:52:22.040 --> 01:52:23.040]  Okay.
[01:52:23.040 --> 01:52:32.040]  And then once you've done that, then you can go to the city and say, make me an offer.
[01:52:32.040 --> 01:52:33.040]  Okay.
[01:52:33.040 --> 01:52:45.040]  I got a $300,000 claim against you. We can take that to the court, and if this comes back to court, then I'll ask for a jury trial on the claim for damages.
[01:52:45.040 --> 01:52:48.040]  And we'll see what a jury says about it.
[01:52:48.040 --> 01:52:54.040]  You put us through almost two years of major misery.
[01:52:54.040 --> 01:53:00.040]  We'll see what a jury of our peers thinks about this kind of improper behavior.
[01:53:00.040 --> 01:53:09.040]  You want to take your chances, or you want to make me a deal?
[01:53:09.040 --> 01:53:14.040]  And the perfect amount to settle for.
[01:53:14.040 --> 01:53:18.040]  A grand.
[01:53:18.040 --> 01:53:26.040]  That would hit insult to injury.
[01:53:26.040 --> 01:53:29.040]  Yeah, but the TML would have to pay it, right?
[01:53:29.040 --> 01:53:31.040]  Yeah.
[01:53:31.040 --> 01:53:40.040]  Because, oh no, you know what? That was the question that we had, because are we suing the city, or are we suing...
[01:53:40.040 --> 01:53:44.040]  Because our law was...
[01:53:44.040 --> 01:53:49.040]  The city employees are covered under errors and omissions.
[01:53:49.040 --> 01:53:55.040]  Okay, so the prosecuting attorney and the municipal judge is considered city employees?
[01:53:55.040 --> 01:54:00.040]  No, prosecuting attorney is not. Municipal judge is.
[01:54:00.040 --> 01:54:03.040]  Okay, but we didn't sue the municipal judge.
[01:54:03.040 --> 01:54:13.040]  You sued the three members of the city, the employee and two citizens.
[01:54:13.040 --> 01:54:15.040]  Those are the ones that bind the city.
[01:54:15.040 --> 01:54:17.040]  And that's where the TML came in?
[01:54:17.040 --> 01:54:19.040]  Yes.
[01:54:19.040 --> 01:54:21.040]  Okay.
[01:54:21.040 --> 01:54:25.040]  They'll come in and the TML will make you a deal.
[01:54:25.040 --> 01:54:39.040]  I'm going to read that counter suit again that we wrote way back in October 2017 and see if I can understand what we did.
[01:54:39.040 --> 01:54:43.040]  I have to read stuff like 10 times and go, oh!
[01:54:43.040 --> 01:54:48.040]  What you did was beat the socks off of them.
[01:54:48.040 --> 01:54:52.040]  Now you're at the point to pour together the winnings.
[01:54:52.040 --> 01:54:56.040]  You know, I don't feel like a beat the socks off of them.
[01:54:56.040 --> 01:55:01.040]  I don't know that the council is thinking that.
[01:55:01.040 --> 01:55:12.040]  But, you know, either they're still trusting these attorneys after all of this rigmarole and just wanting to move on and forget everything,
[01:55:12.040 --> 01:55:18.040]  and maybe Pixler will forget everything, but I really can't.
[01:55:18.040 --> 01:55:21.040]  I could. I guess I could. I could just walk away.
[01:55:21.040 --> 01:55:24.040]  But like you said, who's this going to happen to next?
[01:55:24.040 --> 01:55:28.040]  And with this permanent injunction, some guy gets on the couch that don't like me.
[01:55:28.040 --> 01:55:31.040]  So in there, a permanent injunction against Pixler.
[01:55:31.040 --> 01:55:36.040]  I got a photograph here and there's a horse and it is locked.
[01:55:36.040 --> 01:55:39.040]  You know, I used to have a guy that, yes, there's horses out here.
[01:55:39.040 --> 01:55:44.040]  That guy come, they pull up and he ties his horse off and come in and talk to me for an hour.
[01:55:44.040 --> 01:55:48.040]  His horse would sit out there and poop in my parking lot.
[01:55:48.040 --> 01:55:52.040]  That would be considered illegal, you know.
[01:55:52.040 --> 01:55:59.040]  That is a, under the EPA, that's called a discharge.
[01:55:59.040 --> 01:56:03.040]  Well.
[01:56:03.040 --> 01:56:06.040]  But you're in a good position here.
[01:56:06.040 --> 01:56:14.040]  And if you go ahead and pursue this with the city, that's what they pay for errors in emissions policies for.
[01:56:14.040 --> 01:56:18.040]  And that it was an error is already adjudicated.
[01:56:18.040 --> 01:56:20.040]  That's no longer an issue before the court.
[01:56:20.040 --> 01:56:26.040]  So the simplest thing to do right now would be petition for declaratory judgment.
[01:56:26.040 --> 01:56:35.040]  Well, I've already had the counsel person who's on our side tell me tonight that my mama always said,
[01:56:35.040 --> 01:56:39.040]  let their dogs lie or sleeping dogs lie.
[01:56:39.040 --> 01:56:40.040]  That's what she said.
[01:56:40.040 --> 01:56:43.040]  Well, this dog ain't asleep yet.
[01:56:43.040 --> 01:56:47.040]  Well, it would have been asleep if they had a drop the injunction,
[01:56:47.040 --> 01:56:50.040]  but they decided to hold that injunction over your head.
[01:56:50.040 --> 01:56:53.040]  So turn about spare flesh.
[01:56:53.040 --> 01:56:59.040]  We'll hold the declaratory judgment over your head.
[01:56:59.040 --> 01:57:04.040]  I'm sorry, the mandamus over your head.
[01:57:04.040 --> 01:57:09.040]  So the attorneys cannot walk right back into court and say,
[01:57:09.040 --> 01:57:12.040]  we want to reopen this and then just be a judge.
[01:57:12.040 --> 01:57:18.040]  Just immediately gavel me and say, pay the money.
[01:57:18.040 --> 01:57:21.040]  There's nothing for them to re-adjudicate.
[01:57:21.040 --> 01:57:22.040]  Right.
[01:57:22.040 --> 01:57:28.040]  They've already lost according to the court of appeals they've lost.
[01:57:28.040 --> 01:57:32.040]  And no, they can't just, they can't dismiss and then come back into court.
[01:57:32.040 --> 01:57:34.040]  Of course not going to let them.
[01:57:34.040 --> 01:57:36.040]  All right, let me say this.
[01:57:36.040 --> 01:57:41.040]  You address two things there and I'm not trying to aggravate you.
[01:57:41.040 --> 01:57:43.040]  I'm just trying to get to the bottom of this.
[01:57:43.040 --> 01:57:51.040]  Even though the court of appeals put a stay on what the district court had already ruled on
[01:57:51.040 --> 01:57:58.040]  and wouldn't let them move any further and then came back and ruled on one of my things,
[01:57:58.040 --> 01:58:02.040]  which was the original adjudication in the municipal court,
[01:58:02.040 --> 01:58:06.040]  which they sued me in the civil court for, district court.
[01:58:06.040 --> 01:58:11.040]  Then the judge should have, you know, if we're talking shoulds,
[01:58:11.040 --> 01:58:19.040]  should have said, well, since that's the case, their case is blown out the water, but he didn't.
[01:58:19.040 --> 01:58:20.040]  No, he didn't.
[01:58:20.040 --> 01:58:25.040]  He just knocked the original 8,000 off and 80,000 remain.
[01:58:25.040 --> 01:58:32.040]  And now it's in and then the city's dismissed that your claim is still before the court of appeals.
[01:58:32.040 --> 01:58:37.040]  It's not before the district court and the court of appeals can rule declaratory judgment.
[01:58:37.040 --> 01:58:43.040]  Yeah, but you said go file and I thought she meant to file.
[01:58:43.040 --> 01:58:44.040]  Hang on.
[01:58:44.040 --> 01:58:45.040]  About to go to break.
[01:58:45.040 --> 01:58:50.040]  Randy Kelton, we'll be right back.
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