8/8/2014 4:32:20 PM
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Section 6: ECC/ARC/CPI Subject: Compliance Rant Msg# 895296
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My understanding is that Moore is going directly to court to file a complaint to have the vehicles removed, Marty at the last session told me they were NOT going back to the ECC/ARC for any further concurrence.
My latest info indicates something different. It seems CPI has formally told legal they will not issue a violation for covered "junk vehicles" at 32 Battersea based on their observations. This, as I somewhat anticipated, may mean Moore will not go "directly to court to file a complaint to have the vehicles removed" in the absence of OPA's normal due process. Will OPA file suit for a DR violation when OPA has never told the owner there is a violation? Moore may not like that approach. I suspect a judge would not either. So.... I'm hearing Moore may seek a broad declaratory judgment that would allow OPA in all cases of covered cars to require the owner to remove a cover and show the vehicle was not junk, or otherwise allow CPI inspectors to determine if the vehicle is junk and issue a violation notice if necessary. That notice would then go through the normal OPA due process. Short of Thompson firing the entire CPI staff for refusing to issue a violation and then replacing them, this covered car business may have a way to go and the outcome is anyone's guess. |
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For reference, the above message is a reply to a message where: My understanding is that Moore is going directly to court to file a complaint to have the vehicles removed, Marty at the last session told me they were NOT going back to the ECC/ARC for any further concurrence. Hopefully all of the above is true and for a change the Board is being aggressive in these instances. The recent articles in the Gazette seems to me have made it difficult for a change in direction at this juncture. The "soap opera" continues but maybe headed in the right direction. |
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