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Topic: Recall group threatens Walling with lawsuit
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untanglingwebs
El Supremo

Attorney for recall group against Flint Mayor Dayne Walling threatens legal action
Published: Wednesday, August 25, 2010, 12:57 PM Updated: Wednesday, August 25, 2010, 1:00 PM
Kristin Longley | Flint Journal
FLINT, Michigan — An attorney representing members of the Committee to Recall Dayne Walling threatened legal action against the city on Monday night.


Owosso attorney Anthony Lubkin said the mayor made untruthful statements about members of the Committee to Recall Dayne Walling because Walling said "the crew" behind the recall has a history of not properly collecting signatures.


Lubkin said that the accusations were not true and, if not retracted by the mayor and the Flint City Council, could be the basis for legal action.



Dayne Walling
Walling said Tuesday his criticisms referred to David Davenport, a school board member who filed the recall petition language and turned in the more than 14,000 signatures collected.


Walling specifically pointed to Davenport's attempted recall of 2nd Ward Councilwoman Jackie Poplar, which was halted by Genesee Circuit Judge Archie Hayman. A handwriting expert testified that in some cases, he believed people other than those who signed the petitions had filled in the date. Davenport denied the accusation.


Walling said he doesn't know the other people involved in the recall who are represented by Lubkin.


Lubkin pointed out that Davenport is not a member of the Committee to Recall Dayne Walling. Davenport said the group approached him after he submitted recall language and offered to work with him on the recall but that he is not a member of the committee.


Davenport on Tuesday also said the mayor's comments about him are false.


"David Davenport has never, ever, ever been convicted of a crime of forgery," Davenport said.


Council members on Monday night did not respond to Lubkin's public comments during the meeting.


Council Vice President Dale Weighill said the issue is between the recall committee and the mayor, and the council shouldn't get in the middle.


"The City Council is focused on City Council business," he said.


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Last edited by untanglingwebs on Thu Aug 26, 2010 1:41 pm; edited 1 time in total
Post Thu Aug 26, 2010 1:28 pm 
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untanglingwebs
El Supremo

The Donsupporter asked who the new recall members were. Later he deleted all of his/her posts. Davenport was part of the recall because his language had been approved. Most members were respectable business people and people employed with or doing business with the city. They feared retaliation, so they stayed in the background.

untanglingwebs
F L I N T O I D

Dan Parks and Craig Smith are not new to the effort, they have just become more vocal. dan has spoken to council many times and has been quoted in the paper regarding the recall. Craig Smith is the Treasurer of the group and he told council at the August 9th meeting that the Walling administration is retaliating against him. It seems he strives to be a responsible landlord and get all of his rental properties registered. Since the recall about 15 properties were scheduled for inspection at one time. The city did not treat thema s a priority in the past.

Another landlord seeking a section 8 inspection got jammed up repeatedly after the inspector recognized him as the individual who had previously filed a complaint against him. So expect lots of shenanigans in these inspections.


Tue Aug 24, 2010 2:57 pm
Post Thu Aug 26, 2010 1:33 pm 
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FlintCityMole
F L I N T O I D

People at City Hall have been seeing more and more activity in regards to the Anti Recall Group. They are using city time while working on it.
Post Thu Aug 26, 2010 9:55 pm 
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untanglingwebs
El Supremo

Flint Mayor Dayne Walling files recall challenges; Recall organizers say his claims are false
Published: Friday, August 27, 2010, 5:59 PM
Kristin Longley | Flint Journal
FLINT, Michigan — Flint Mayor Dayne Walling has filed a number of challenges in an effort to stop the recall effort against him from heading to the ballot.


Walling said Friday that he filed paperwork with the Genesee County Clerk’s Office alleging there are more than 500 duplicate signatures on the petitions that call for his removal from office. He said he also filed a several other challenges related to signature dates and addresses.
County Clerk Michael Carr said his office is reviewing the challenges, and hopes to make an announcement on Monday.


Dayne Walling
“We still have a lot of work to do yet,” he said.
Post Sat Aug 28, 2010 4:34 am 
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untanglingwebs
El Supremo

Recall group says the 500 duplicates were already caught and are not included in the final totals.

Challenges to their financing are moot as the finances are already filed. Walling needs to face the music.

Their lawsuit is finished and ready to be filed. Mike Carr is a great guy but he needs to stop acting like he has a dog in this fight.
Post Sun Aug 29, 2010 7:42 am 
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untanglingwebs
El Supremo

Word on the street is that Dayne is having trouble raing money to fight the recall.


from the posts deleted by the DonSupporter:
FYI

Pushing Forward and Beating the Recall Thursday, July 29, 2010 11:20 PM

Dear Friends,

I have to tell you that today there were signatures submitted to recall me as Mayor. The crew behind it all has a record of forgeries and failed recalls. But nothing can be taken for granted. We have to prepare to fight this all the way. There is too much at stake.

When I was elected almost a year ago, I inherited a number long-standing problems. We have dealt with these challenges with the full force of fresh ideas, creative solutions, and new partnerships. In my short time as Mayor, the City of Flint has received the largest federal grants for firefighters personnel and for neighborhood stabilization. New development projects are underway in every part of the city. New youth programs are running. Blight elimination patrol officers have been trained and are hitting the streets.

No doubt, there is an incredible amount of work still to be done and we have a long way to go to get through this terrible economy and to address rising concerns around public safety. That is why I am committed to pushing forward and beating the recall.

We can’t go backwards. We are here because we have worked together to get to this point and build a new agenda. I am going to need you more than ever as the days pass. Please just don’t read this and file it away. Write me a note back and let me know what you feel you can do to help. Use my personal email dayne----ing@gmail.com.

There is so much, much more that will be accomplished. We are at the beginning of a great transformation. I wake up every day ready to take on the challenges that come up. I am still smiling and ready to work harder than ever—and nothing has, can, or will ever change that.

Thanks.
Dayne



It is not true that all of the leaders of the effort are associated with fraud and forgeries. Some of these same people campaigned and helped run the campaign of Walling. Many are current and laid off police officers who did not want to be in front of the operation for fear of retaliation. It has been said that President of the Officers union, Keith Speers, was threatened for comments he made on face book. Speers deliberately was not part of this recall effort.


Fri Jul 30, 2010 5:08 pm


untanglingwebs
F L I N T O I D

There is a new move towards requiring those who file recall language to pay a filing fee of up to $100.


Fri Jul 30, 2010 6:03 pm


untanglingwebs
F L I N T O I D

Rumors floating around the downtown bars are that an individual was paid to try to steal enough petitions to torpedo the recall and the group that paid is angry. Anyone else hearing this?

I have no doubt the recall will be on the ballot. The real problem will be getting the citizens out to vote. Genesee County had only a 17% voter turnout and the estimates for Flint are only 12% But then the voter records may be bloated by the efforts of ACORN during the Presidential election and those who have left and haven't changed their voting address yet.

The efforts now should be on geting a Get-out-the-vote drive that is anti Walling.


Thu Aug 05, 2010 5:41 pm


00SL2
F L I N T O I D

SUMMARY REPORT Genesee County OFFICIAL RESULTS
Run Date:11/05/09 2009 General Election
RUN TIME:09:45 AM November 3, 2009
VOTES PERCENT
PRECINCTS COUNTED (OF 103). . . . . 103 100.00
REGISTERED VOTERS - TOTAL . . . . . 163,782
BALLOTS CAST - TOTAL. . . . . . . 22,722
VOTER TURNOUT - TOTAL . . . . . . 13.87

I am curious to know the accuracy of the registered voter list and how it is kept current. When someone dies or leaves the state who reports it, who is it reported to, and if city, county or state gets notified, how do they notify the other entities? It would seem that county clerk as registrar of local deaths would notify the city, county and state registrar of voter records but I don't have much faith that these records are being kept up-to-date.

Same goes for real property records. Often when a person living alone dies, no one follows through with transfer of property records. Then state takes over for unpaid taxes....then you know the next step. I have seen this example time and time again.

If the recall proponents are as fired up in November as they are now, and nothing changes downtown for the better in the meantime, Walling's in trouble.


Thu Aug 05, 2010 7:27 pm


untanglingwebs
F L I N T O I D

Walling will do his best to organize an effort to prevent the recall.

He already has Vera Rison attending north end meetings to spread political messages and the Land bank sends Raynetta Speed. Complaints were made to Doug Weiland about Speed working with these groups to influence last years elections. His response was that she was a friend for over 20 years and he needed her. Last Tuesday morning Rison took a political stance in the North End mini-station and pushed the Democratic Black Caucus choices for the primary/ Katherine Price was in charge of the meeting and she merely sat there and let Rison take over the meeting. Rison, along with ACORN leader Lisia Williams ran Wallings North end campaign headquarters on Welch, so don't expect any criticism from downtown.

Infiltrating the block clubs, crime watches and other groups will be how Walling will try to influence the north end. Spped and Rison will be his messsengers


Fri Aug 06, 2010 6:40 am


00SL2
F L I N T O I D

There's one local crime watch that is a 501(c)(3) and they cannot participate in politics.


Fri Aug 06, 2010 11:19 am


untanglingwebs
F L I N T O I D

You also can't practice politics in a city building.


Fri Aug 06, 2010 4:42 pm


untanglingwebs
F L I N T O I D

quote:
--------------------------------------------------------------------------------
morebsfromwalling schreef:
I heard from a reliable source 4000 signatures were stolen days before they turned them in, so it should be 4000 higher.
--------------------------------------------------------------------------------



More and more the rumor is appearing to be true. The county sent 12,799 over to the city.


Sat Aug 07, 2010 7:52 pm


00SL2
F L I N T O I D

Webs, what is it that makes the rumor appear to be true? Davenport turned in over 14,000 signatures, he only needed 8004. As you said, 12,779 valid signatures (of the 14,000-plus) went over to the city from the county. If 4000 were stolen it's not going to make a difference on whether the recall goes on the ballot.


Sat Aug 07, 2010 9:44 pm


untanglingwebs
F L I N T O I D

The recall people are furious and they are the ones saying 4,000 signatures were stolen as well as a laptop computer. Also angry are some of the downtown Walling supporters who frequent the local drinking spots. This support group is saying they were cheated because not enough signatures were stolen for the money they paid.

The recall people always worried about such treachery and did their best to conceal much of what they did. After the court ruling in the Jackie Poplar case that threw out a significant number of petitions, the recall group wanted a cushion for any challenges from Walling.


Sun Aug 08, 2010 7:43 am
Post Sun Aug 29, 2010 7:48 am 
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untanglingwebs
El Supremo

From another deleted post:
untanglingwebs
F L I N T O I D

Dan Parks and Craig Smith are not new to the effort, they have just become more vocal. dan has spoken to council many times and has been quoted in the paper regarding the recall. Craig Smith is the Treasurer of the group and he told council at the August 9th meeting that the Walling administration is retaliating against him. It seems he strives to be a responsible landlord and get all of his rental properties registered. Since the recall about 15 properties were scheduled for inspection at one time. The city did not treat thema s a priority in the past.

Another landlord seeking a section 8 inspection got jammed up repeatedly after the inspector recognized him as the individual who had previously filed a complaint against him. So expect lots of shenanigans in these inspections.


Tue Aug 24, 2010 2:57 pm
Post Sun Aug 29, 2010 7:58 am 
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FlintCityMole
F L I N T O I D

Walling has had Peter Bade over look numerous illegal activities. Someone really needs to FOIA the City of Flint over McFalls, STATE EMS, Complete Towning, Hoffmas Deli/Carriage Town Antique Center and Mr. Usewick. Mr Bade tells people not to worry cause he is the one that takes them to court. He has told numerous owners not to worry about anything and just ignore it.
Post Fri Sep 03, 2010 8:56 pm 
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untanglingwebs
El Supremo

Lawsuit from Dayne Walling recall committee moved to federal court
Published: Friday, September 03, 2010, 3:25 PM Updated: Friday, September 03, 2010, 3:50 PM
Kristin Longley | Flint Journal

FLINT, Michigan — An effort to put a recall election of Flint Mayor Dayne Walling before voters has hit another legal obstacle.

A lawsuit filed by recall supporters against the city, the county and election officials was moved to federal court Friday, where a judge there will decide what happens next.


Recall supporters filed the lawsuit after election officials said there aren't enough valid signatures to put the issue on the ballot. Supporters were hoping to get a Walling recall election on the November ballot, but this latest move likely means more delays in the case.

State law says county clerks have to print and deliver absentee ballots for the Nov. 2 election to local communities by Sept. 18.


Flint Journal file photoDayne Walling
A hearing regarding the lawsuit was scheduled for Friday morning, but Genesee County Circuit Judge Geoffrey Neithercut canceled it after the case was moved to federal court.

Neithercut said an attorney for county Clerk Michael Carr asked that the case be moved because members of the Committee to Recall Dayne Walling are alleging their U.S. constitutional rights were violated, which is a federal issue.

“I just lost jurisdiction,” Neithercut said. “This case is closed in this state court.”

Recall supporters said it seems like a tactic to delay the proceedings past the deadline to get the recall on the November ballot.

Attorney for the recall committee, F. Anthony Lubkin, said Friday they would proceed in federal court.

“All this obstruction and delay... it certainly says a lot about our county,” he said.

Carr denied that he is trying to delay the case.

“I’d just as soon get it over with,” he said. “I’m confident we will prevail.”

The recall committee filed the lawsuit, alleging that election officials improperly threw out hundreds of signatures on the recall petitions that called for Walling's removal from office for laying off police officers and firefighters. The move means there aren’t enough signatures to put the recall on the ballot.

The lawsuit asks that the disqualified recall petition signatures be reinstated so the recall can move forward and be put before voters.

Recall supporters say they’re particularly concerned about the city’s rising homicide rate and other public safety-related issues since police officers were laid off.

Walling said Friday he's focusing on city business.

“The county clerk’s final determination was that there were not enough qualified signatures for it (the recall) to move forward,” he said. “So now it’s just another lawsuit piled up against the city of Flint.”

Before the case was moved, Lubkin filed a circuit court brief in support of the lawsuit Thursday listing 17 ways the committee believes election officials acted improperly.

Recall supporters say they’ve faced much opposition since beginning the recall effort, saying they had recall petitions stolen at one point.

In the latest twist, a process server hired by the recall committee filed a police report against Flint’s city attorney after trying to deliver lawsuit-related legal papers to him.

The process server, Swartz Creek resident Pat Clawson, said City Attorney Peter Bade grabbed his arm and shoved it when Clawson visited his home Wednesday night and moved to drop the legal papers at his feet.

“The defendants on this case evaded service terribly,” Clawson said.

Bade said it was late at night and Clawson was reaching his arm into the doorway of his home.

“There was no way I was going to let that happen,” Bade said.

A police report regarding the incident has been forwarded to the Michigan State Police for investigation.






mccguy66 September 03, 2010 at 4:06PM
Follow

Michael Car says “I’d just as soon get it over with,” he said. “I’m confident we will prevail.”.

I would like to know who will prevail? Doesn't he work in the best interest of the public? Shouldn't he have to follow proper laws? Sounds like "we will prevail" is in reference to the good ole boy network of democrats!
Post Fri Sep 03, 2010 9:13 pm 
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andi03
F L I N T O I D

I am wondering if I can file a lawsuit to stop this frivolous lawsuit, or would mine be construed as a frivolous lawsuit for wanting to stop a frivolous lawsuit?

Something is wrong somewhere, where something amplified and/or ramped up the activities....hmmm...
Post Fri Sep 03, 2010 10:59 pm 
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Ted Jankowski
F L I N T O I D

I'm just contemplating the idea that the person who wrote and submitted the recall language and got it approved isn't part of the committee.

That just doesn't make logical sense. I know and understand the circumstances. But, the person who did the majority of the leg work isn't part of the committee just doesn't make sense. I believe the average person would not accept that statement as fact. no matter what the story given for why he isn't.

If they didn't want association with Davenport they should have gotten their own recall petition approved. If they didn't want his legacy following them. They shouldn't have signed on to his recall.

Just call me crazy. I'm voting. But voting to keep if it ever hits the ballot.

Right now we DON'T HAVE a Mayor that we don't have to worry about finding out in another month. We really don't have an extra Ten Million dollars and sending out notices to the citizens using city money to do it.
Post Sat Sep 04, 2010 2:38 pm 
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Recall Mole
F L I N T O I D

Hey Ted, don't you think you should have a job before you voice an opinion on stuff? Five or six groups were trying to get recall language and Davenport was the only one who managed to get it approved through the crooked committee. They figured he had no chance to pull it off. All the groups used his language. I hear all 2,800 or so signatures he got were thrown out because the Committee to Recall Dayne Walling didn't want his name on the peitions. Word has it about $150,000 will go into this effort and Lubkin ain't cheap. I hear he gets more than Frank Manley or Tom Pabst to take a case. He is the lead guy on the Right to Life cases and his ad I read in the newspapers listed that he has co-counseled with Johnny Cochran's former law partner. Take note that he also filed a lawsuit against the Journal, which is why they went after him. I heard at the poker hall how Craig Smith is gonna sue them again, only this time he will do it right like his son from Emeral Lawn didn't do. Anybody who knows Craig Smith, or his son, laid off police officer Kevin Smith, take it to the bank these crooks are gonna be out of there after this recall. Then they will take on the Journal. I would identify myself except I might get my butt kicked by cops or powerful local business men because that's who is doing this recall. They seem to be tired of crooked political types and are standing up to them. Federal court on Wednesday will be a nightmare for Michael Carr, Peter Bade, Mayor Walling, and others. It's on the ballot people. Maybe now we will get an investigation into who stole 4,800 signatures from the recall office.

_________________
I support the Committee to Recall Dayne Walling
Post Sat Sep 04, 2010 7:33 pm 
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Recall Mole
F L I N T O I D

FYI for everyone: NICK SINGELIS ran the recall. Remember his name because he will probably be mayor some day if he does not go to jail for not paying child support or running a scam. One of my all-time favorite professors at Mott College is in jail because of him. He lost his house because of Singleis and Kurt Hynes on a scam, then went over, knocked on the door and stabbed Hynes' wife. Singelis was next on his list, of course, with Mr. Hynes himself. Kurt Hynes is in prison. Nick should be right there picking up the soap with him but cut a deal to be a snitch for the feds. I would still vote for Singelis over Walling. At least Singelis has worked on doing some scams on people. Walling never had a job until being mayor. Okay, hope lots of people read this before Steve takes this post down.

_________________
I support the Committee to Recall Dayne Walling
Post Sat Sep 04, 2010 8:17 pm 
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Detroiter
F L I N T O I D

Again very obvious the "Recall Mole" reject is Anthony Lubkin himself. This is the same dimented style rantings you can expect from him. He seems to know too much. Additionally it functions as an "ADVERTISEMENT"..lol when he says "An LUBKIN isnt cheap"...Just ask his past clients. He allegedly works for drinks!!!

It is a sad day for Flint and Genesee County. These are the type of people who are left to cheat and rob the people left living there to feed their own addictions and agendas. I hope people smarten up about these political crooks and attention seekers.
Post Sat Sep 04, 2010 8:29 pm 
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andi03
F L I N T O I D

There is a lot of crap going on....too much to even figure out for those of us that are just "tuning in" so to speak....

This whole thing is getting to be a pain in my ass and everyone else that pays taxes in Genesee County.

Why aren't the people involved in the recall answering questions to people that are posting on mlive....HINT, HINT
Post Sun Sep 05, 2010 12:55 am 
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