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  1. #1
    Join Date
    May 2018
    Posts
    189

    Default How to File a Petition for a Writ of Mandamus and Injunctive Relief

    TN

    Securing an Order from the Chancellor in a District for a county official to obey an authentic command statutorily codified by the legislature
    1)volumes of hard evidence shows good cause exists to obey the ministerial statute
    2)undisputable evidence exists to show the county official's refusal constitutes a violation of constitutional and statutorily assured rights of the plaintiff and many others
    a)evidence exists to show grave and irreparable damages and injury has been sustained by the plaintiff and others
    b)evidence exists to show additional grave and irreparable damages and injury will further accrue to the plaintiff's and other's detriment
    3)solid evidence exists to show the county official's refusal is willful with deliberate and callous indifference for 2 above and his motives are self-serving and self-preserving
    4)solid evidence exists to show the new county official's long-standing and recently resigned counterpart did find good cause and was initiating proceedings

    The chancery docket is nearly full until the 3rd and 4th months of next year, 2019
    A hearing on a related matter is already scheduled for the last week in February 2019
    A mandamus or injunctive-type relief order needs to be secured long before then and ASAP
    The chancellor is quite reasonable and will likely place a correctly plead petition or motion for proper relief ahead of non-emergency matters

    How would you suggest this be approached?

    Mandamus and including what pleadings to be given top priority?

    Injunctive relief and including what pleadings to be given top priority?

    Would either be correctly captioned "ex Rel State of Tennessee"?

    The same statute has a subsection speaking to the governor who has also been provided notice pursuant to it.

    Neither the county official or governor has acted and the case law speaking to these type actions is quite compelling in favor of it being upheld and the rights of the people.

    The statute is Tn Code 8-47-103 and 109.

    Subsection 110, although a provided as an alternative remedy, isn't viable for a myriad of reasons due to the highly cliquish and klannish nature of the very sparsely populated area largely inhabited by "kissing cousins", and besides, the officials empowered should do their duty without requiring 9 additional persons exposing themselves to certain reprisals and retaliation.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Mandamus/Injunctive Relief Filed So That It Goes to the Top of the Docket

    You'll get nowhere by crudely insulting people. You throw out a lot of terms without any explanation as to what the cause and relief you want. Nobody is going to be able to tell you how to magically game the system nor help you without pertinent details.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,214

    Default Re: Mandamus/Injunctive Relief Filed So That It Goes to the Top of the Docket

    Get a lawyer to review that "volumes of hard evidence" to see if you have the case you think you do (and I suspect you probably don't have as strong a case as you think) and if you do have a good case for ouster then get the attorney to represent you to get it right. Contrary to your assertion, the statutes are not purely mandatory; there is discretion applied by the attorney general, district attorney, or city attorney in determining whether there are "reasonable grounds" to pursue the action mentioned in the statute. And where there is discretion given a public official mandamus is extremely difficult to obtain because courts generally do not and should not substitute their judgment for the judgment of the official to whom the statute gives the authority to act. By the way, nothing about this ouster procedure itself raises any U.S. Constitutional issues; it is purely one of state law.

  4. #4
    Join Date
    May 2018
    Posts
    189

    Default Re: Mandamus/Injunctive Relief Filed So That It Goes to the Top of the Docket

    I did not specify which constitution, TN's constitutions confers far more rights than those of the United States of America's constituitions.

    I loosely addressed the discretionary nature of the "good cause" issue and can find no reason the chancellor cannot hold an evidentiary hearing and make findings as to whether "good cause" exists or otherwise upon being shown the past county official had noticed and provided significant evidence to then indeed conduct a well-docuemented investigation, found good cause and sufficient to invoice for ouster proceedings to then encounter highly political through "shuck and jive" antics of billyhills abusing their power and ended up resigning and related to the core matters.

    fr, "gaming the system".... geez dude.

    For whoever moved this FROM a much more appropriate forum subsection; this has nothing to do with appellate procedure or any appeal.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Mandamus/Injunctive Relief Filed So That It Goes to the Top of the Docket

    You came here asking if there was a trick you could do to bypass normal docketing delays without indicating any need for expeditied hearing. Yeah, sounds like you are attempting to "game" the system rather than waiting your turn. You've still not said ANYTHING that gives us anything to work with, so we are obviously pessimistic.

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