Attorney – Trey Riley Law http://treyrileylaw.com/ Fri, 27 Aug 2021 22:23:39 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://treyrileylaw.com/wp-content/uploads/2021/07/icon-2021-07-01T184802.035.png Attorney – Trey Riley Law http://treyrileylaw.com/ 32 32 Attorney General sues mobile home park owner over squalid conditions and illegal charges https://treyrileylaw.com/attorney-general-sues-mobile-home-park-owner-over-squalid-conditions-and-illegal-charges/ https://treyrileylaw.com/attorney-general-sues-mobile-home-park-owner-over-squalid-conditions-and-illegal-charges/#respond Fri, 27 Aug 2021 21:28:24 +0000 https://treyrileylaw.com/attorney-general-sues-mobile-home-park-owner-over-squalid-conditions-and-illegal-charges/ Attorney General Keith Ellison is suing a mobile home park owner in Marshall for non-maintenance of the property and illegal billing. The roads in Broadmoor Valley Mobile Home Park are so bad that school buses stopped entering six years ago, according to Ellison’s lawsuit. Children have to walk half a mile and wait along a […]]]>

Attorney General Keith Ellison is suing a mobile home park owner in Marshall for non-maintenance of the property and illegal billing.

The roads in Broadmoor Valley Mobile Home Park are so bad that school buses stopped entering six years ago, according to Ellison’s lawsuit. Children have to walk half a mile and wait along a busy road. In winter, the roads often remain covered with inches of snow.

Many trailers are in similar dire conditions, says Ellison. One caught fire almost two years ago and has never been removed. Another caught fire in June due to faulty wiring. Other vacant trailers are filled with rotten garbage and have been occupied by wild animals.

The storm shelter that is supposed to provide shelter for 75 households in the park in bad weather has standing water and piles of broken furniture.

A pothole measured nearly a foot deep in the Broadmoor Valley mobile home park in Marshall, Minn. Photo included in the lawsuit filed against the owner of the park by Minnesota Attorney General Keith Ellison.

The owner of the rural mobile home park in Marshall also charged residents excessive and illegal fees, including late fees of $ 30 for as little as $ 25 in overdue rent, according to the lawsuit.

Ellison announced the lawsuit on Friday alongside park residents, who say they have tried for years to get Colorado-based owner Schierholz and Associates, Inc. to make necessary repairs to the property.

“As a community, we just want the best for our children and the residents of the park,” said Jesus Hernandez, president of the Broadmoor Valley Residents’ Association.

Calls seeking comment from park owner Paul Scheirholz were not returned.

Ellison’s trial comes as communities across the state – both rural and urban – face a shortage of affordable housing. In Lyon County, where Broadmoor Valley Park is located, there are 960 very low-income families, but only 635 homes they can afford, according to Ellison’s complaint.

With few options, low-income tenants are particularly vulnerable to exploitation. Even residents who own their mobile homes are often at the mercy of the person who owns the land below.

Vacant mobile homes are filled with rotten trash and provide shelter for wildlife in the Broadmoor Valley Mobile Home Park in Marshall, Minnesota. Photo included in the lawsuit filed against the owner of the park by Minnesota Attorney General Keith Ellison.

The name “mobile home” is often inappropriate, the complaint notes, because many trailers in Broadmoor Valley Park are too old to move, even if their owners could afford it and find a place to move.

Ellison said he first traveled to Marshall to meet with residents two years ago to hear their complaints and said he was “shocked” by what he saw.

“The residents’ tireless and courageous efforts to promote the safety and dignity of their families have led to this lawsuit,” said Ellison. “I hope all the children who live in this community look at your parents and remember the dignity and courage they showed.”

The Broadmoor Valley was well maintained until Schierholz bought it two decades ago, according to the lawsuit, but since then it has deteriorated.

In addition to the potholes – one of which was 11 inches deep – the lawsuit brought by Ellison’s office details other failures to maintain the property, such as Schierholz allegedly refused to cut a branch tree that then fell into a resident’s porch.

The $ 30 flat fee that Schierholz charges tenants for late payments was also often illegal; State law allows late fees of up to only 8% of the amount owed. Some residents claim they were charged late fees even though they were up to date with their rent payments. He also allegedly forced residents to pay rent using a service that charged them $ 1-4, in violation of state law.


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Somerset officials and local lawyer clash over university property deal | New https://treyrileylaw.com/somerset-officials-and-local-lawyer-clash-over-university-property-deal-new/ https://treyrileylaw.com/somerset-officials-and-local-lawyer-clash-over-university-property-deal-new/#respond Tue, 24 Aug 2021 21:12:00 +0000 https://treyrileylaw.com/somerset-officials-and-local-lawyer-clash-over-university-property-deal-new/ The argument between Somerset resident Jay McShurley and Mayor Alan Keck over the potential land deal between the city and Somerset University can come down to one thing: semantics. At Monday’s city council meeting, McShurley admitted to council members that it was not the university itself he objected to. This was the wording used by […]]]>

The argument between Somerset resident Jay McShurley and Mayor Alan Keck over the potential land deal between the city and Somerset University can come down to one thing: semantics.

At Monday’s city council meeting, McShurley admitted to council members that it was not the university itself he objected to. This was the wording used by Keck to describe how the city would be reimbursed.

“If it works, it will be wonderful,” McShurley said of the proposed four-year college. “It will be great. Maybe the best thing that has happened here in a long time. But for a few years why can’t you get your money back. Guess I wouldn’t even be here if the mayor hadn’t used it. one word: “Together.” Because I took that and ran with it. In law, that means full refund.

The phrase in question was part of Keck’s announcement to the community in April, describing the proposed lease.

At that point, Keck said: “What I have said since the beginning of university is that if the university were to move to Cundiff Square, the city of Somerset would be made whole. And by together, I mean all costs incurred – purchase price, demolition costs, interest charges, any engineering that was spent – would be reimbursed. “

McShurley has argued in the last two council meetings – and in a letter to the editor of the Commonwealth Journal – that the city will not be “restored” because, from a real estate investment perspective, the city will lose value. money. .

Keck said the 30-year lease proposal between the city and the university would require the university to repay all the money the city has invested in the property – the purchase price of $ 1 million, the interest on the city’s seven-year obligation for that $ 1 million and the cost the city incurred when it demolished the buildings there.

This total is approximately $ 1.4 million.

McShurley argues, however, that over 30 years the city would technically lose money, because in that 30-year future, $ 1.4 million is only worth $ 800,000 in “present value.”

McShurley opened his comments on Monday evening by saying it was gratifying to hear from other residents of the city that he is raising the issue and that they say he stands up for the citizens of Somerset.

“The implication there for me is that the board is not doing its job in asking these questions which can be somewhat uncomfortable for those involved in the proposed lease,” McShurley said.

He went on to tell councilors that if the city has to pay off its seven-year bond before the university repays all of its debt through the 30-year lease, then the city must make its “payments”. another pocket ”, like the General Fund.

“The city is missing the opportunity cost of using that money for another project or to pay off other debt or buy back its bonds to pay off the debt sooner,” McShurley said.

But, Keck replied, this is what municipalities do with all the funds all the time. “We can always pay off future debts. We make the decision to reinvest this money. Whether it’s to leave it in a checking account for a rainy day. This opportunity cost was present long before you started to get involved.

Keck then admitted that maybe he shouldn’t have used the phrase “do everything”.

“Looking at it from a purely business perspective, maybe ‘made together’ wasn’t the right terminology. We get dollar for dollar for what we invest, ”Keck said.

McShurley then asked if the council was prepared to admit that the land deal was essentially a giveaway to the college.

“Do you want to donate the assets of the city to the university? Just say yes or no. I think the community wants to know, ”McShurley said.

Board member Jimmy Eastham replied that it was not yet discussed at this level of negotiation, as neither the university nor the board have formally signed or approved the final contract.

“Good. There is hope,” McShurley said.

Yet two council members, John Ricky Minton and Robin Daughetee, defended Mayor Keck and City Attorney John Adams, saying neither of them attempted to withhold information.

Daughetee added: “With respect to an investment, the City of Somerset is not a real estate investment company, or [meant] profit as a real estate investment company. We’re a community development organization, and that’s what this project is.

He said the city would recoup the money it spent, and increase the tax base by turning a dilapidated area into a place that would generate more business taxes and make it a place for further investment. would like to move in.

“That’s the job of this council. It’s the mayor’s job – to improve the city – and I think this project is an improvement for the city, ”Daughetee said.


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Wadena County lawyer: Officer used lethal force was justified, no charges in February shootout that left one injured and two dead https://treyrileylaw.com/wadena-county-lawyer-officer-used-lethal-force-was-justified-no-charges-in-february-shootout-that-left-one-injured-and-two-dead/ https://treyrileylaw.com/wadena-county-lawyer-officer-used-lethal-force-was-justified-no-charges-in-february-shootout-that-left-one-injured-and-two-dead/#respond Tue, 24 Aug 2021 02:27:29 +0000 https://treyrileylaw.com/wadena-county-lawyer-officer-used-lethal-force-was-justified-no-charges-in-february-shootout-that-left-one-injured-and-two-dead/ The Wadena County Attorney’s Office began a full review of the case on June 21, 2021, after receiving the report from the Minnesota Bureau of Criminal Apprehension on June 18. The shooting involved four men, Shannon Savela, from Sebeka, who allegedly opened fire, first injuring Wadena County Sheriff’s Deputy Troy Mayer, his brother David Savela, […]]]>

The Wadena County Attorney’s Office began a full review of the case on June 21, 2021, after receiving the report from the Minnesota Bureau of Criminal Apprehension on June 18.

The shooting involved four men, Shannon Savela, from Sebeka, who allegedly opened fire, first injuring Wadena County Sheriff’s Deputy Troy Mayer, his brother David Savela, also from Sebeka, and then the police officer from Sebeka Jason Worm in his bulletproof vest. As David Savela drew his own handgun, Officer Worm fired back, punching David in the chest, killing him. He then exchanged gunshots with Shannon, who later died of his injuries at Wadena Hospital.

Ladd said the decision that the shooting was justified was made after careful application of the “use of lethal force” law.

The Minnesota Bureau of Criminal Activity was the lead agency for the investigation and the information reviewed regarding the gunshot deaths came from the BCA file. The review of the case concerns activity that occurred in rural Wadena County on February 27, 2021, following a traffic stop during the first law enforcement meeting with D. Savela and, later, with S. Savela. In addition to the full reports in this file, there is also over five hours of patrol car and bodywork camera video; and over nine hours of recorded audio interviews, according to the press release from the attorney’s office.

“The entire case submitted to the County Prosecutor’s Office by the BCA has been carefully reviewed and based on this review, that office will not pursue any charges relating to the events of February 27, 2021, for the reasons described in this document. . “, reads the press release.

Under state law regarding the use of lethal force, it is stated that “peace officers shall only use lethal force when necessary for the defense of human life or to avoid harm. serious bodily harm. To determine whether lethal force is necessary, officers must assess each situation in light of the particular circumstances of each case … “

And “the use of lethal force by a peace officer in the performance of his duties is justified only if an objectively reasonable officer believes, having regard to all the circumstances known to the officer at the time and without hindsight, that such force is necessary to protect the peace officer or other person from death or grievous bodily harm … “

The report goes on to detail the traffic stop that led to the shooting. Details of this report were not shared earlier in the case, including the reason for the initial traffic stop – two speeding vehicles.

The report explains that Mayer was on a routine patrol when he spotted two vehicles approaching at high speed. He timed vehicles at 80 mph in a 55 mph zone. He activated his lights and began his pursuit. At this point, a driver, S. Savela, pulled up. D. Savela continued at high speed. In passing this information on to the expedition, Mayer continued to pursue S. Savela. It turned out that he had a civilian out for a walk on that particular evening.

The reason the Savela brothers were accelerating on County Road 12 between Sebeka and Nimrod was not shared in the report.

David continued to 205th Avenue, just west of Nimrod, and turned south. Mayer continued after him with emergency lights, then activated his squad’s siren after he didn’t stop.

A turn on the icy road to 270th Street took David off the road. He attempted to turn around to return to Mayer, but Mayer blocked his path causing David to block.

At this point, Mayer got out of his vehicle and began giving David instructions to stop, but the report says the suspect continued to try to pull away. At this point, David’s brother Shannon arrived and started yelling at the deputy. Mayer ordered him to stay in his vehicle as he continued to force David to comply.

About 4 minutes after his body camera footage begins, Deputy Mayer contacts David and attempts to defuse the situation. During the conversation, David begins to complain about “political conspiracies”, claiming the officer is a “fake law enforcement” mentioning “fake news” and “tampering with the encryption”.

At one point, David said he was “taking matters of national security into his own hands” and that Mayer “was undermining his protections of this nation and its sovereignty by undertaking such a prosecution.” David then told the officer, in a very agitated state, to “step down” and that “Trump is still President, this is his second term!”

At the time of the encounter, David was charged with a hit and run and had a jury trial on the same charge, according to Wadena County court records.

Just after 6 minutes after the body camera footage started, Agent Worm arrived and gave Shannon similar orders to stay in his vehicle. Meanwhile, Mayer continued to work with David, who again attempted to leave the scene almost 9 minutes after the interaction began. Mayer eventually told David he was under arrest and in an attempt to stop him he deployed a Taser which had no effect on him.

With Mayer and Worm wrestling with David, Shannon appeared from the front passenger side of Mayer’s vehicle and after yelling at the officers to withdraw he fired five shots at them, hitting Mayer in the buttocks / lower spine suddenly and, according to the conclusions, he hit his brother David both on the neck and on the buttocks. It is later discovered that Mayer was also shot in his bulletproof vest during this encounter and Worm was shot in the vest either at this point or while retaliating with Shannon.

Police took cover in the front of David’s car and David, who now suffers from gunshot wounds, stood up, pulled a handgun from his belt and turned to the police. At this point, Agent Worm shot David twice in the chest, killing him. David can be seen in video footage drawing his gun. The action was also corroborated by the two officers and the passenger sitting right next to where Shannon was firing his gun in Mayer’s team, according to the findings.

Out of sight of the police car and body camera footage, Constable Worm walked around David’s vehicle and 13 shots were fired within 10 seconds. The report does not specify who fired the 13 shots, although Shannon was shot six times and ultimately died of his injuries at Tri-County Health Care in Wadena. He was mainly affected in the chest and thighs.

The report says officers found David dead and then rescued Shannon until an ambulance arrived at the scene.

The attorney’s report explains why Shannon used deadly force to start the shooting.

“It was Shannon who initiated the lethal force, as he first fired his gun at his brother and officers, wounding Deputy Mayer and his brother,” the report said. “Just moments after Shannon shoots the officers, David Savela gets up from the ground, takes his gun, turns to the officers and it is in this context that Officer Worm shoots David twice, as the dangerous and deadly situation is objectively apparent.

“The risk and danger do not end when David is disabled as the officers are always threatened with a new danger from Shannon Savela, it is not known where he is, as Shannon was the aggressor at the ‘origin of the use of lethal force,’ the report continues. “The officers, in the dark of the night, are trying to locate Shannon while maintaining some sort of cover, having previously been the target of Shannon fire.”

Toxicology reports also note that the brothers had methamphetamine, its amphetamine metabolite, and cannabinoids in their systems.


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District Attorney Gene Vittone Remembers For Life Of Service | Local News https://treyrileylaw.com/district-attorney-gene-vittone-remembers-for-life-of-service-local-news/ https://treyrileylaw.com/district-attorney-gene-vittone-remembers-for-life-of-service-local-news/#respond Sun, 22 Aug 2021 15:52:00 +0000 https://treyrileylaw.com/district-attorney-gene-vittone-remembers-for-life-of-service-local-news/ Even in his final days, District Attorney Gene Vittone continued to work for Washington County and its residents in what his friends and colleagues said he exemplified a life of dedicated service to others. Vittone spoke with his senior lieutenant, First Deputy District Attorney Jason Walsh, on Friday afternoon, apparently giving him instructions on how […]]]>

Even in his final days, District Attorney Gene Vittone continued to work for Washington County and its residents in what his friends and colleagues said he exemplified a life of dedicated service to others.

Vittone spoke with his senior lieutenant, First Deputy District Attorney Jason Walsh, on Friday afternoon, apparently giving him instructions on how to run the office in his absence.

“He was performing his duties,” Walsh said, adding that he wished to keep the conversation between them private. “Gene cared a lot about his office.”

Vittone, who had been hospitalized in recent days while battling lung cancer, died on Saturday. He was 61 years old.

“Gene was a great human being, a great DA. He represented the world to Washington County and its people, ”Walsh said Sunday. “It is very sad and my heart goes out to his family.”

The president, Judge John DiSalle, had been Vittone’s friend since they were in fourth grade, and they continued that friendship even though the district attorney often argued in front of him in court. DiSalle suggested that Vittone take some time for himself after his lung cancer diagnosis last year, but Vittone insisted on continuing in his duties, even though the COVID-19 pandemic could have made it dangerous for him.

“He was very dedicated to his job and to his office. He communicated with (Walsh) until the end, giving instructions, ”said DiSalle. “He’s a dedicated public servant, always has been. Dedicated to helping people.

DiSalle said dedication to service – first as a certified paramedic and later in law – will be Vittone’s lasting legacy. The presiding judge said that Vittone’s most important job was to fight the opioid epidemic when overdose deaths began to rise several years ago. Vittone helped concoct the Opioid Overdose Coalition which brought together various agencies to tackle the problem, while making it a priority to prosecute traffickers who sold deadly batches of drugs to people.

Vittone, a Republican, had served as a district attorney for nearly a decade after winning the election by less than 100 votes against Democratic candidate Dave DiCarlo in November 2011. Vittone was reelected twice more and was in his midst of his career. third term when he died. . Prior to being elected district attorney, Vittone served as a deputy district attorney for a dozen years, dealing with juvenile court and criminal trials, and then established the county drug treatment court.

Prior to that, he was an emergency medical technician – working as a paramedic in law school – and later helped run the Washington Ambulance and Chair Service at one point. He remained a certified paramedic for the rest of his life. Vittone grew up in Peters Township, but recently lived in Bentleyville.

Walsh will soon be elevated to the rank of district attorney, although he said on Sunday he did not know when that would happen. Walsh said he isn’t worried about this position at the moment and instead wants the focus to be on Vittone’s family.

“He cared about everyone and he was a great human being. I am honored and humbled that he has entrusted me with continuing his legacy as District Attorney, ”said Walsh. “She was a very special person.”

Washington County Commission Chair Diana Irey Vaughan also offered condolences and thanks to Vittone’s family, including his wife Jane Ann.

“Too often family members are overlooked when someone serves to the extent that Gene Vittone did,” said Irey Vaughan. “We should all be very grateful to his family for the sacrifice he made to serve us.”

She said the county would lower its half-staff flags this week in honor of Vittone.

“Gene’s enduring legacy is serving others and caring for others in times of crisis. He will be sorely missed, ”said Irey Vaughan. “He was extremely dedicated, a hard worker and a champion of justice.”

Funeral arrangements have not been finalized, but services are expected to take place later in the week.

DiSalle believes the community will come to honor a man who was not only Washington County’s top police officer, but a dedicated family man, youth baseball coach and member of the Immaculate Conception choir.

“I have lost a good friend and the county and the community have lost a dedicated public servant,” said DiSalle. ” We will miss him.


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Lawyers say Bay Area Afghans hit devastating roadblocks to force families out of Kabul https://treyrileylaw.com/lawyers-say-bay-area-afghans-hit-devastating-roadblocks-to-force-families-out-of-kabul/ https://treyrileylaw.com/lawyers-say-bay-area-afghans-hit-devastating-roadblocks-to-force-families-out-of-kabul/#respond Sun, 22 Aug 2021 06:41:49 +0000 https://treyrileylaw.com/lawyers-say-bay-area-afghans-hit-devastating-roadblocks-to-force-families-out-of-kabul/ SAN FRANCISCO (KGO) – Almost a week after the fall of Afghanistan to the Taliban, the situation on the ground is more desperate than ever. “He is very terrified of what will happen to his family,” said Ann Block, an immigration lawyer. RELATED: Concern Grows Over Evacuations of US Citizens and Allies from Taliban-Controlled Afghanistan […]]]>
SAN FRANCISCO (KGO) – Almost a week after the fall of Afghanistan to the Taliban, the situation on the ground is more desperate than ever.

“He is very terrified of what will happen to his family,” said Ann Block, an immigration lawyer.

RELATED: Concern Grows Over Evacuations of US Citizens and Allies from Taliban-Controlled Afghanistan

Block works with a man who lives in the Castro Valley, whose wife and children are still stranded in Kabul.

She says the family tried to get to the airport four times this week, but were unsuccessful or turned back each time.

RELATED: Family Stranded in Afghanistan Describes Horrific Situation on the Streets

“They cannot leave. They cannot come here. It is too dangerous for them even to go to the airport. I have never had this situation. In 35 years, I have practiced law. immigration for 35 years, ”he added. Block said.

It’s stories like these that Spojmie Nasiri hears too.

The East Bay immigration attorney works with some 50 Afghan families. She says her clients have faced shoving, tear gas, gunfire and Taliban checkpoints.

According to Spojmie and Block, the State Department says all of their clients can be evacuated to the United States and have received visa documents.

RELATED: Biden’s Commitment to Americans in Kabul: “We’ll Bring You Home”

And yet, things are still bad.

“They flooded this visa document where anyone could go and get it, whether you’re a citizen, a resident, a pending case or just want to leave Afghanistan. So the soldiers started saying, this case is not real, it does not have your name on it, there is no your case number. Therefore, those who legitimately needed to enter, were unable to enter and still cannot enter Nasiri said.

But despite the terror and confusion, lawyers say one thing remains clear.

“We have to be able to get these people out. It was up to us, who trusted the US government to do the right thing. And there has to be a way to do it,” Block said.

Copyright © 2021 KGO-TV. All rights reserved.


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Most religious exemptions for mandatory vaccines will fail – WSOC TV https://treyrileylaw.com/most-religious-exemptions-for-mandatory-vaccines-will-fail-wsoc-tv/ https://treyrileylaw.com/most-religious-exemptions-for-mandatory-vaccines-will-fail-wsoc-tv/#respond Thu, 12 Aug 2021 08:36:00 +0000 https://treyrileylaw.com/most-religious-exemptions-for-mandatory-vaccines-will-fail-wsoc-tv/ CHARLOTTE – More and more businesses and governments are requiring their employees to be vaccinated against COVID-19. In fact, on Wednesday, President Joe Biden virtually met with CEOs of companies that need the vaccine such as United Airlines, Kaiser Permanente and a small business owner in South Carolina. The president encourages more companies to do […]]]>

CHARLOTTE – More and more businesses and governments are requiring their employees to be vaccinated against COVID-19.

In fact, on Wednesday, President Joe Biden virtually met with CEOs of companies that need the vaccine such as United Airlines, Kaiser Permanente and a small business owner in South Carolina. The president encourages more companies to do the same.

But as more companies impose this requirement, some people are looking for a way to avoid getting the vaccine, including trying to get a religious exemption. Ken Lemon of Channel 9 spoke to a lawyer who expects employers to oppose this type of exemption.

Labor lawyer Josh Van Kamp normally fights for employee rights against their employers. But Channel 9 showed him a social media post from a member of Freedom House Church, which has several churches in the Charlotte area, advising members of a religious exemption form available to them for mandatory vaccinations. against COVID-19.

The post said if you are a member, “we will write a religious exemption for you,” and advises that if your pastor refuses to do the same, then “find a new church.”

A post from St. Patrick’s Cathedral in Dilworth did not offer to write a letter but directed followers to a link with a sample letter created by a group called the National Catholic Bioethics Center.

Van Kamp said he believes these letters will fail 99% of the time.

“You better prepare to save it,” he said.

Van Kamp said employers can fight religious exemption letters because if an unvaccinated person infects a coworker, the company can be held accountable.

“I would be more concerned about employees suing me for having an unsafe workplace,” he said. “It can’t just be a personal belief. It should be based specifically on the teachings of that person’s church.

He said if members of your faith have been vaccinated or supported the vaccination – like the Pope – then that may also undermine your claim. Also, if you have been vaccinated against the flu, you are unlikely to be able to morally object to a COVID vaccination.

He said, more importantly, that companies cannot put workers at risk.

“They have a duty to protect workers from recognized dangers and COVID-19 is a recognized danger. It can kill you, ”he said.

On Wednesday, the Catholic Diocese announced that the Pope had been vaccinated and that church leaders were supporting the vaccination. They said that the group that published this model letter is addressed to believers, but that they are not directly part of the ministry.

(WATCH: CDC recommends wearing masks in schools regardless of immunization status)


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Lawyers challenge mask ban in schools https://treyrileylaw.com/lawyers-challenge-mask-ban-in-schools/ https://treyrileylaw.com/lawyers-challenge-mask-ban-in-schools/#respond Mon, 09 Aug 2021 03:22:09 +0000 https://treyrileylaw.com/lawyers-challenge-mask-ban-in-schools/ There is a lawsuit challenging Gov. DeSantis’ executive order banning mask warrants in Florida schools. Parents of 15 children filled out the costume on Friday A parent in the costume is out of Alachua County. They believe this emergency order will cause the virus to spread even further. Under Florida law, students have the right […]]]>

There is a lawsuit challenging Gov. DeSantis’ executive order banning mask warrants in Florida schools.

Parents of 15 children filled out the costume on Friday A parent in the costume is out of Alachua County.

They believe this emergency order will cause the virus to spread even further.

Under Florida law, students have the right to safe schools. Six lawyers believe this is at risk amid a spread of the Delta variant and an executive order for Governor Ron DeSantis, banning schools from requiring masks.

Attorney Gene Nichols, not associated with the lawsuit, points to the Florida State Constitution which grants the power to run schools in local school districts.

“So the real question will be whether or not the governor has the power to make an executive order to override the Florida constitution, and that’s basically what he’s doing now. And that’s what the courts are going to have to decide, ”Nichols said.

A d

In June, the legislature passed House Bill 241. It gives parents the right to health care for their child.

Nichols said a governor would generally use executive authorities in health care and emergencies, but said one argument would be for the governor to use order during a health crisis but potentially contradict the fact that he is is a health crisis.

A complainant from Alachua County said her child was not old enough to be vaccinated and the school’s unmasked, vaccinated and unvaccinated students were a detriment.

“What about the potential of parents to sue the system for their children who might get sick? It will be very difficult to sue a school, school board or county if a child fell ill in a school for or without issuing mask warrants, ”Nichols said. “So it’s not just that my child got sick on campus to attack a school board. In these situations, you are going to have to prove that the school board not only knew that this person was sick, not only knew that it was spreading, but that it was putting the children in place. And then on top of that, you have sovereign immunity issues.

A d

The order also threatens to maintain state funding for schools.

Nichols said he would be shocked to see this happen, but if it does, districts can use the state’s constitution to back them up.

Nichols said the governor’s office had 20 days after being served to file a response.

He thinks it will end in the Supreme Court of the state where they decide since it is a constitutional issue.

Copyright 2021 by WJXT News4Jax – All rights reserved.


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Martin F. McKernan Jr., Camden lawyer and prolific public servant, dies at 75 https://treyrileylaw.com/martin-f-mckernan-jr-camden-lawyer-and-prolific-public-servant-dies-at-75/ https://treyrileylaw.com/martin-f-mckernan-jr-camden-lawyer-and-prolific-public-servant-dies-at-75/#respond Fri, 06 Aug 2021 19:30:46 +0000 https://treyrileylaw.com/martin-f-mckernan-jr-camden-lawyer-and-prolific-public-servant-dies-at-75/ Martin F. McKernan Jr., 75, of Cherry Hill, a longtime Camden lawyer dedicated to public service and private philanthropy, died Tuesday Aug. 3 of pancreatic cancer at his home on Long Beach Island. A prolific public servant, Mr. McKernan served as Camden Town Attorney from 1974 to 1979 and for years was an advisor to […]]]>

Martin F. McKernan Jr., 75, of Cherry Hill, a longtime Camden lawyer dedicated to public service and private philanthropy, died Tuesday Aug. 3 of pancreatic cancer at his home on Long Beach Island.

A prolific public servant, Mr. McKernan served as Camden Town Attorney from 1974 to 1979 and for years was an advisor to the town’s housing, redevelopment and parking authorities. He has also worked with, among others, the Camden County Social Services Board, the Roman Catholic Diocese of Camden and the Audubon Mutual Housing Corporation.

Privately, Mr. McKernan has not shied away from showing the compassion and empathy his family and friends say he equates to his parents and the Catholic faith. He was known for his daily acts of kindness, big and small, many of which were not revealed until much later, that left people better off – and often inspired.

“Every day he helped someone who was less fortunate than him. Every day, ”said Lexie Norcross, a longtime friend and one of Mr. McKernan’s two goddaughters. “His kindness was endless. “

“Having a brother like him,” said his younger sister, Regina Harm, “it was like hitting the jackpot.”

Officials noted that Mr. McKernan’s civic roots in Camden run deep, his impacts on more than half a century of service far reaching.

In a statement, Camden County Commissioner Louis Cappelli Jr.’s director said McKernan has helped “virtually every area of ​​life in the Garden State.”

Camden Mayor Victor Carstarphen wrote that Mr. McKernan “channeled his fervent faith as a Roman Catholic and his unparalleled expertise as a lawyer to improve the lives of countless residents of Camden”.

“Marty’s 50 years in the legal world and his commitment to the city have been unmatched, his kindness to his fellow man and his integrity in all he has done was unparalleled,” said the former mayor of Camden, Dana Redd, in a statement.

Born September 24, 1945, Mr. McKernan grew up in Camden and Haddonfield. He graduated from St. Joseph’s Prep in 1963 and, after a short stop at St. Francis Seminary in Loretto, Pa., Graduated from St. Joseph’s University in 1968.

He graduated from Georgetown University in 1971 and became Camden City’s youngest lawyer at age 29. He later became a partner with his father, Martin F. McKernan, and his friend Jim Godino at McKernan, McKernan & Godino; a commissioner for the Camden County Municipal Utilities Authority; and administrator, among others, of the Camden Center for Law and Social Justice and the Camden Free Public Library.

“I learned more from him, sitting in his office, than I ever did in law school,” Godino said.

Although rarely totally inactive – he got calls from clients on almost every vacation – Mr McKernan enjoyed creating and sharing Manhattans with friends, watching British TV shows, traveling Europe and the Caribbean and quoting Winston Churchill.

“He made the best Manhattan ever,” said his longtime friend Bill Hankowsky. “Stirred. Not shaken.

He served in the Army Reserves in the 1970s, quietly donating money and goods to those in need, mentoring countless young people, and supporting local businesses during the height of the pandemic. of COVID-19.

He rarely missed a family celebration and could tell a story that would spellbound the room. “When he was there,” Godino said, “it all started.”

“He was as nice to the janitor or the clerk as he would be to the bishop or the president,” his sister said. “His loss leaves me beyond words.”

In addition to his younger sister, Mr. McKernan is survived by his sister Theresa Donahue and other relatives. Another sister, Monica Holland, died earlier.

A visitation is scheduled for Friday August 6 from 6 to 9 p.m. at Alloway Funeral Home, 315 East Maple Ave., Merchantville, NJ 08109.

A funeral mass will be held at noon on Saturday August 7th at Christ Our Light Catholic Church, 402 Kings Highway North, Cherry Hill, NJ 08034. Interment will follow at Calvary Cemetery, Rt. 70, Cherry Hill, NJ 08034.

Donations in her name can be made to Saint-Joseph Preparatory School, 1733 W. Girard Ave., Philadelphia, PA 19130; Catholic Charities of the Diocese of Camden, 1845 Haddon Ave., Camden, NJ 08104; and the Parish of the Cathedral of the Immaculate Conception, 642 Market St., Camden, NJ 08102.


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Iowa attorney general presents dangerous legal defense in open cases case https://treyrileylaw.com/iowa-attorney-general-presents-dangerous-legal-defense-in-open-cases-case/ https://treyrileylaw.com/iowa-attorney-general-presents-dangerous-legal-defense-in-open-cases-case/#respond Fri, 06 Aug 2021 11:01:00 +0000 https://treyrileylaw.com/iowa-attorney-general-presents-dangerous-legal-defense-in-open-cases-case/ The cooling effect that this will generate is obvious. Document custodians will be more reluctant than ever to respond to requests for documents in a timely manner. Iowa Attorney General Tom Miller. (Jim Slosiarek / The Gazette) It is more than troubling that the state attorney general’s office is poised to undermine the Iowa Open […]]]>

The cooling effect that this will generate is obvious. Document custodians will be more reluctant than ever to respond to requests for documents in a timely manner.

Iowa Attorney General Tom Miller. (Jim Slosiarek / The Gazette)

It is more than troubling that the state attorney general’s office is poised to undermine the Iowa Open Records Act in its defense of a governor’s administration with an extremely poor record in public release.

Former Department of Public Health communications director Polly Carver Kimm is suing Gov. Kim Reynolds and his spokesman Pat Garrett for unfair dismissal. Carver Kimm claims she was kicked out of her job because of her willingness to publish public material sought by journalists and others. She argues that the department, under the direction of the governor’s office, “has sought to slow, stifle and otherwise hijack the free flow of information” regarding the response to the Iowa pandemic.

Carver Kimm was fired shortly after providing a reporter with public information showing an increase in abortions in Iowa.

In defending Reynolds and Garrett, the attorney general’s office argues that the Iowa Open Records Act is not “well-recognized public policy” and does not protect employees who respond to requests for public records, the Associated Press reported Last week. Lawyers for the state argue that the law’s transparency statement is “the kind of broad, vague and amorphous concept that is neither clearly defined nor well recognized.”

We understand that the attorney general’s office must stand up for its clients. But deploying a legal argument that seeks to dig a big hole in the state’s 54-year-old open cases law could have ramifications beyond the courtroom.

This could send a message to government officials and bureaucrats in Iowa that pressuring their staff to withhold or slow down requests for public information is acceptable conduct, and objecting to such unlawful secrecy could cost their employees a job.

In journalism, we have all dealt with government entities that drag their feet over requests for documents or charge high fees to make them available. We could only speculate on the motives, but this legal defense is saying the silent part out loud. Civil servants just want to keep embarrassing or politically sensitive files secret, and removing workers’ protections will allow them to do so.

The cooling effect that this will generate is obvious. Document custodians will be more reluctant than ever to respond to requests for documents in a timely manner.

Already, the governor’s office has spent most of the past year and a half delaying, blocking or ignoring registration applications. The culture of secrecy that permeates the Reynolds administration will only get worse if this legal argument succeeds.

The attorney general’s office should find a less damaging defense strategy. Otherwise, we hope the court rejects it and sends the signal that officials should not be punished for informing the public.

(319) 398-8262; editorial@thegazette.com


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Atlanta Estate Planning Lawyer Oren Ross discusses the upcoming new tax changes and what you should do now to prepare! https://treyrileylaw.com/atlanta-estate-planning-lawyer-oren-ross-discusses-the-upcoming-new-tax-changes-and-what-you-should-do-now-to-prepare/ https://treyrileylaw.com/atlanta-estate-planning-lawyer-oren-ross-discusses-the-upcoming-new-tax-changes-and-what-you-should-do-now-to-prepare/#respond Tue, 03 Aug 2021 12:38:00 +0000 https://treyrileylaw.com/atlanta-estate-planning-lawyer-oren-ross-discusses-the-upcoming-new-tax-changes-and-what-you-should-do-now-to-prepare/ ATLANTA, August 3, 2021 / PRNewswire / – Deputy Chairman Joe biden tax plan, you may need to take certain steps to protect your family’s assets. President Biden’s proposals would nearly double the top tax rate on capital gains and eliminate a tax advantage on appreciated assets called a “base increase.” If approved, these proposals […]]]>

ATLANTA, August 3, 2021 / PRNewswire / – Deputy Chairman Joe biden tax plan, you may need to take certain steps to protect your family’s assets. President Biden’s proposals would nearly double the top tax rate on capital gains and eliminate a tax advantage on appreciated assets called a “base increase.” If approved, these proposals will dramatically increase taxes for those who earn more. $ 400,000, restore the tax rate of 39.6% on capital gains $ 1 million, and set a 28 percent cap on itemized deductions.

Senators Chris Van Hollen of Maryland and Bernie sanders of Vermont have also introduced legislation which, if approved, will significantly increase family taxes. Under Senator Van Hollen proposal, transfers that are now tax-free (gifts, transfers to non-granting trusts and transfers on death) would be taxed on any unrealized capital gain. The legislation proposed by Senator Sanders would significantly reduce the lifetime tax exemption on donations.

“The savings that so many families Georgia accumulated through hard work and smart planning could be wiped out if these legislative proposals come into force, ”said Atlanta estate planning lawyer Oren Ross. An increase in the capital gains tax and ending the base increase could raise the total tax rate up to 61% for some families, according to an analysis.

For example, if you started a business that is now worth $ 100 million, the business would pass to your family today without capital gains tax. But according to the White House plan, your family would be liable for a capital gains tax of $ 42.96 million immediately after your death, plus a net tax on investment income of 3.8%, less the $ 1 million exemption.

If these proposals take effect, how can you protect your loved ones and your savings? An estate planning lawyer at Oren Ross & Associates can help families protect their savings, plan for the future, and reduce their tax burden. Oren Ross & Associates offers its clients the same knowledge and experience as large law firms, but with prices for small firms, personal attention and always open lines of communication.

Oren Ross & Associates is now helping families prepare for the coming tax changes. To find out more and to work with the law firm that offers large firm knowledge with pricing and communications for small firms, schedule a personal consultation by contacting Oren Ross & Associates – as soon as possible – at ( 404) 267-5597.

For more information:
Oren Ross & Associates
200 Galleria Drive # 1880
Atlanta, Georgia 30339
Telephone: (404) 267-5597
E-mail: [email protected]

SOURCE Oren Ross


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