All-County Taypayers Association

"The price of freedom is eternal vigilance...
Let the eye of vigilance never be closed."
          
- Thomas Jefferson

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"The Price of Freedom is Eternal Vigilance" - Thomas Jefferson

We are talking about defenses against unjust, uncivil, overburdensome governmental abuse of power. State and local governments can and must be brought back under the control of the people. It is crucial !

Since 1979, Bob Schulz, in the interest of liberty and freedom from wrongful governance, has been rationally and professionally confronting unconstitutional and illegal behavior by those wrongfully wielding governmental power in the state. And, through ACTA, has been helping other people become better informed about the New York Constitution and its laws; about how to find out what is really going on in government; and about how to confront governmental wrongdoing, in the courts, if necessary, pro-se (without attorneys), if necessary.

Many of our lawsuits have been won. Important decisions are still pending. The following is a summary:

VICTORIES IN COURT

  • In 1982, the NY Court of Appeals nullified the results of a County-wide public referndum and the Resolutions adopted by the Queensbury Town Board in violation of the law on a massive sewer project that would have connected lake George to the Hudson River and paved the way for massive development (in a Critical Environmental Area), including casino gambling. We proved that the government had manufactured an environmental crisis and concocted a solution that was going to benefit a few politicians and their friends at everyone else's expense.
  • In 1988, the NYS Supreme Court struck down a Stop Work Order issued by the lead defendant in the prior sewer case -- the Town of Queensbury -- to prevent Bob Schulz from connecting his new subdivision access road to a town highway. Obviously, this was in retaliation for taking the Town to court in the sewer case.
  • In 1990, the NYS Supreme Court declared certain publicly-funded literature to be unconstitutional as propaganda designed to entice "yes" votes on a ballot proposition to borrow $1.9 billion; the Court prohibited defendant Governor Cuomo from distributing the literature; the ballot proposition lost
  • In 1993, the NY Court of Appeals swept away years of judicial precedent in ruling that registered voters of the State did, in fact, have the constitutional right to petition the court to prevent the State from incurring debt without voter approval.
  • In 1994, the NYS Supreme Court struck down environmentally harmful State regulations which were adopted in violation of its own law -- The State Environmental Quality Review Act. The regulations were designed to force the people into demanding the big Lake George sewer project to leave their homes.
  • In 1994, the NYS Supreme Court ruled that any state taxpayer has standing to sue any school district in the state, whether or not he or she resided in that district, as long as it could be shown that the school district receives state funds (which all districts do).
  • In 1993, the NYS Supreme Court enjoined the powerful State Department of Transportation from undertaking a large, unnecessary project in the Village of Burdett in violation of State law -- the State Environmental Quality Review Act. The project would have personally benefited two members of the Village Board at taxpayer expense.
  • In 1995, the NY Court of Appeals declared a state-funded newsletter distributed by defendant Governor Cuomo o be propaganda designed to sway the results of the 1992 Bush-Clinton presidential campaign, and therefore, to be violative of the State Constitution.
  • In 1995, the NYS Supreme Court declared two sections of the NY Election Law to be unconstitutional, making it easier for independents to access the ballot in NYS.
  • In 1995, the NYS Supreme Court held that any citizen can purchase any county's voter registration list, on computer redable material, for the actual (nominal) cost of reproduction. As a result, prices have been tumbling across the state and it is now much easier for independents to access the ballot.
  • In 1996, the NYS Supreme Court nullified resolutions adopted by a City Council because the mayer voted but had no authority under the City Charter to vote.
  • In 1996, the NYS Supreme Court struck down the private sale of city-owned land, sold without competitive bidding, in violation of the law.
  • In 1996, the NYS Supreme Court struck down as illegal, a Town's purchase of land from a prominent resident who needed money to pay his mortgage.
  • Finally, in August of 1996, the NYS Supreme Court struck down the environmental review of the Warren County Sewerr Project by ruling in our case against the Queensbury segment of the Project that the review process was unlawful. This makes it difficult, if not impossible, for the old Lake George-to-the-Hudson River Sewer Project to be resurrected.

VICTORIES YET TO COME

  • We have petitioned the NYS Supreme Court to declare the behavior of the State Comptroller in propagandizing the vote on a state-wide ballot proposition to be an act of "malversation".
  • We have petitioned the Federal Court to declare the actions of President Clinton and Treasury Secretary Rubin in bailing out the Mexican Peso to be violative of the "separate powers" doctrine of the U.S. Constitution because the Executive Branch usurped congress' power of the purse.
  • We have petitioned the Federal Court to declare unconstitutional a section of New York's Education Law and a section of New York's Civil Service Law which are designed to allow School Boards to override a "no" vote by district voters, making the vote meaningless.
  • We have petitioned the NYS Supreme Court to prevent the State and its municipalities from borrowing money to fund budget deficits and operating costs, in violation of the State Constitution.
  • We have petitioned the Federal Court to declare unconstitutional a section of New York State's Finance Law, passed during the height of New York City's fiscal crisis to prevent citizens from challenging governmental debt-incurrence acts, even though those acts are violative of certain debt-limiting restrictions of the State Constitution.
  • We have petitioned the NYS Supreme Court to declare unconstitutional a State Statute which authorizes local school districts to include out-of-state children in their headcounts used as the basis for state aid to the districts.
  • We have petitioned the NYS Supreme Court to declare unconstitutional two State statutes, as violative of the Home-Rule protections of the State Constitution.