[Vision2020] Voting in Secrecy/ was Just Curious

[Art Deco]

Garrett, et al,

The Hawkins agreement does not prevent Moscow from protesting anything they wish about the Hawkins project.

That is because the agreement with Hawkins was/is void ab initio because when it was executed (and remains) contrary to state law.  The agreement and its terms are unenforceable by either party.  I have posted Idaho case law on this matter previously.  

Further when the IDWR pointed this out to the city, the city could have challenged the IDWR on this by filing for declaratory relief -- a simple and inexpensive process.  The city did not.  The answer was clear or should have been.  Instead we had the two sneaky Schroeder/Steed passes at changing the law.  Even if that had succeeded, the original agreement would still be void.  A new agreement would be necessary and all its terms up for consideration, etc.

That's part of the whole stupidity of this mess wrought by the Hawkins Five -- their ignorance of the applicable laws and the ignorance of outside counsel they spent about $15,000 on.  

Some of the Hawkins Five have apparently not yet learned the simple civics lesson from this fiasco:  On important matters with significant impact, work assiduously and without undue haste to promote, to receive, and to consider public input.

Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID  83843

waf at moscow.com
208 882-7975


  ----- Original Message ----- 
  From: Garrett Clevenger 
  To: vision2020 at moscow.com 
  Sent: Tuesday, November 03, 2009 9:38 AM
  Subject: [Vision2020] Voting in Secrecy/ was Just Curious


  Tom writes:


  "An arbitration that takes place in Spokane between a private company and our city council concerning rights inherent to our city is hush-hush and
cannot be made accessible to the people of Moscow.

Yet, a confidential communication between the mayor of Moscow and her
staff can be posted publicly."Let's not forget that the council also voted and approved the secret "agreement" with Hawkins before any of us could see it, or question it.  An agreement that turned out to be a fiasco, and now from what I can tell prevents Moscow from challenging certain aspects of Hawkins.John Weber voted for it.  That's not representing us Muscovites, it seems to me...Garrett Clevenger




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