"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.
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