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Saturday, Apr. 30, 2016

Cloverdale to hire appellate attorney

Saturday, May 3, 2008

The Cloverdale Town Council held a special meeting Thursday to discuss the authorization of an appellate attorney.

The Council met briefly to discuss the appeal that is being made in the Whitaker/Davis case that was originally filed back in 2005.

When the case went to trial last month, "the judge slammed the file shut and said he had better things to do than to listen to this," said Alan Yackey, Cloverdale Town Attorney.

The ruling was dismissal with prejudice. This means the case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim. This however does not apply to an appeal.

The Town Council approved a motion to allow an Appellate Attorney to handle the case for $2,500.

"You can't stop (the plaintiff) from appealing this case, the only thing you can do is pay to defend the appeal the best that can be done," Yackey said.

There was nothing else discussed at this special meeting. They just had to call the meeting to appoint an attorney before this case goes into the appellate process.

The Cloverdale Town Council meets regularly the second Tuesday of each month at 7 p.m. at Cloverdale Town Hall. The next meeting is set for May 13 at 7 p.m.


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Another lawyer? An appeal? Both sides of this case are live bait for criticism. Obviously there has been an infraction (by interpretation) and in the end of all this, the only winners will be the representing attorneys with larger bank accounts.

Why must we hire another attorney? Was that discussed at this meeting?

-- Posted by Xgamer on Sat, May 3, 2008, at 5:29 AM

"Why must we hire another attorney?"

What's this we stuff? Last I knew you didn't live in the town limits.

-- Posted by CdaleResident on Sat, May 3, 2008, at 6:09 AM

Oh celophane, You, we, I, ewe, oui, eye, etc., I know where I live and where I own property and where I work, and the board represtnts us. The question remains the same no matter who you think I am. Why must we hire another attorney? It is a legitimate question without my usual asinie comments added on the side. Honestly, you are so lovey-dovey to me in person, why so mean to me on line?

-- Posted by Xgamer on Sat, May 3, 2008, at 5:15 PM

Clients hire separate attorneys in cases like these where the attorney specializes in appealet cases.

-- Posted by CdaleResident on Sat, May 3, 2008, at 5:40 PM

Well you seem to have all the answers. You really do not know me like you think you do.

-- Posted by CdaleResident on Sun, May 4, 2008, at 12:49 PM

Has the Council ever considered that MAYBE they are being taken advantage of?

(another honest question with no snide remark,yet)

-- Posted by Xgamer on Mon, May 5, 2008, at 5:50 AM

if they had a clue, im sure a new attorny would've been found along time ago....however the word clueless seems to fit in well with the majority of the board.

-- Posted by justmoveonwillya on Mon, May 5, 2008, at 10:54 PM


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