The downloadable file below is a transcript of the emergency injunction hearing held on August 5th, 2005. The family was given notice of the hearing on the evening of August 3rd and had less than 14 1/2 business hours to prepare for the hearing. Normal notice for this type of hearing is about 2 weeks. Typical injunction hearings that are granted prevent both parties from any sort of activity on the land in question until the issue is resolved at the final hearing. The intent is to maintain the "status quo" or the current situation : the way things are now as supported by well settled law. The outcome of the injunction hearing was to allow the "neighbor" to continue destruction of the land in question. The judge instructed the attorneys for the neighbor to draft the order of injunction for the disputed land located south of their home, send the document to the family for review, and then deliver to his office to sign. The attorneys drafted the order and sent it straight to the judge, which was immediately signed. The family received the final signed order to discover that it was worded to include all land in the dispute, which included a portion of the home and business. Sheriff's deputies monitoring the land in dispute made it clear to the family that they would be arrested if the injunction was violated. One of the encounters occurred in front of the family's 4 year old daughter as they crossed the road to retrieve mail from the box location.
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A Per Curiam Affirmation of the lower court is issued on Oct 14 2010.
Definition: Per Curiam. Latin for “by the court”. A “per curiam” decision is a decision delivered via an opinion issued in the name of the Court rather than by specific judges. “Per Curiam” decisions are given that label by the Court itself and tend to be short. Usually, though not all ways, they deal with issues the Court views as relatively non-controversial (or that they do not wish to become controversial by getting involved in it at all).
We assert that this defeat has actually helped us because only a Federal Court will have proper jurisdiction anyway now that we have found the “Root” law and it is an Act of Congress. The downloadable file below is a copy of the Mandate
Definition: Per Curiam. Latin for “by the court”. A “per curiam” decision is a decision delivered via an opinion issued in the name of the Court rather than by specific judges. “Per Curiam” decisions are given that label by the Court itself and tend to be short. Usually, though not all ways, they deal with issues the Court views as relatively non-controversial (or that they do not wish to become controversial by getting involved in it at all).
We assert that this defeat has actually helped us because only a Federal Court will have proper jurisdiction anyway now that we have found the “Root” law and it is an Act of Congress. The downloadable file below is a copy of the Mandate
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