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Restraining Order For Shameless |
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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Posted: 08 Mar 2019 at 10:54am |
A MN 4th District court order for the Mr. Snow aka Shameless, Shameless Dude, Dale, and many many others.
The National Weather Service says a "major winter storm" is likely to hit the Twin Cities this weekend. While the exact track of the storm remains to be seen, there is a high risk for the Twin Cities to see heavy snow. Some areas could see blowing snow Saturday night into Sunday and there could be significant travel impacts, the weather service warns. This order tests the limits of judicial authority. But it is not a reflexive or petulant act by a frustrated judge. That would be entirely inappropriate. This order is issued because of Article I Section 8 of the Minnesota Constitution, states in relevant part, "Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive….." Frankly, this Court was skeptical when this request for a temporary injunction was filed. There was the significant issue of lack of service pursuant to Minnesota Rule of Civil Procedure 65.01. However, the attorneys for the Plaintiffs have established that notice to the Defendants will cause immediate and irreparable injury, loss and damage to the Plaintiffs. Simply put, notice of the request for a temporary restraining order would likely result in yet another blizzard, more frigid cold weather, and enhanced ice dams throughout Minnesota. In deciding whether a temporary injunction should issue, Minnesota law provides that courts consider the five Dahlberg factors. These factors consider: (1) the nature and relationship of the parties; (2) the balance of relative harm between the parties; (3) the likelihood of success on the merits; (4) public policy considerations; and (5) any administrative burden involving judicial supervision and enforcement. See Dahlberg Bros., Inc. v. Ford Motor Co., 137 N.W.2d 314, 321-22 (Minn. 1965). Fairly applying the factors in Dahlberg leads to the indubitable conclusion that temporary relief should be granted. Factors 1 in the Dahlberg analysis is established. Minnesotans are hardy people. They enjoy their winters and have a good relationship with the Defendants. But their comes a point when the trust between the parties is ruptured. The Defendants have a fiduciary duty to the Plaintiffs not to overdo it. Nothing illustrates this better that the statement from Defendant Paul Douglas in today’s Star Tribune: "There are times I look out the nearest window and wonder (out loud) if all this snow will ever melt. I have 15 foot snow piles next to my driveway. I've run out of places to push the snow." Similarly, factor 2 – the balance of harm between the parties – is heavily weighted in favor of the plaintiffs. Mr. Snow can dump all the snow it wants on the neighboring states of Wisconsin (particularly the City of Green Bay), Iowa, South Dakota and North Dakota. And the Minnesota Meteorologists’ First Amendment rights are fully protected. They can report just how miserable the citizens of the neighboring states (and particularly the citizens of Green Bay, Wisconsin) are likely to be for the rest of this winter, spring and summer if there is any more snow. Factor 3 is also established. Simply put, no jury is going to find in favor of the defendants absent a change of venue of this case to Arizona or Florida. And that is not going to happen. Factor 4 – "public policy considerations" – is the most troubling aspect of this decision. There will be those who question the authority of this Court. It is plausible that this Court will be seen as an out of control judicial activist. Judge Learned Hand once said, "The spirit of liberty is the spirit which is not too sure that it is right." This Order is issued becuase there is compelling evidence in the record Minnesota Meteorologists have conspired with the other Defendents to increase television and radio ratings. Who, for example, would watch the weather in Hawaii where it is always nice? Edited by chaskaduo - 08 Mar 2019 at 11:05am |
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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tadams(OH)
Orange Level Access Joined: 17 Sep 2009 Location: Jeromesville, O Points: 9668 |
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Now he's in trouble
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Ray54
Orange Level Access Joined: 22 Nov 2009 Location: Paso Robles, Ca Points: 4367 |
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My money is bet on Shameless getting away again.
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HD6GTOM
Orange Level Joined: 30 Nov 2009 Location: MADISON CO IA Points: 6627 |
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Ray I wouldn't take that bet
It's more like a sure thing. |
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Ted J
Orange Level Joined: 05 Jul 2010 Location: La Crosse, WI Points: 18724 |
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I like it so much Chas, I put it on my Facebook page,,,,,,,,,,, I THINK.......
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"Allis-Express"
19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13362 |
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Chit,,if he worked "WITH" the sheriff's dept for 30 some years and ,,,,,and,,,still got away with all them shenanigans he's pulled all them years,,,,,My money's be him,,,,,, CHIT,,,,even the Mayor can't seem to touch him and I'm bettin some more loose change that the mayor been threatenin the sheriff to throw his azz in the caboose and,,,and,,that ain't happened either,,,,,,,,,You make the call,,,,,,
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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ROTFLMAO!!!!! think i'll take the shovel and go out and max the RPM's on the machine!
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Wayne180d
Orange Level Joined: 08 Dec 2015 Location: Gilman, Il Points: 5923 |
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Shameless the only people who really like now are the people running the Iditarod dog sled race they have good snow and are happy
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Wayne180d
Orange Level Joined: 08 Dec 2015 Location: Gilman, Il Points: 5923 |
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should be like you now. (brain is faster than old fingers)
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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I still like Ole Shammers, I was giving him a heads up to be careful iffin he comes to Minnesnota. I can attest that they feed you by minimum calories required and it ain't gourmet. Now it is spose to snow 3-6 and 6-10 inches today, so they might extend that to a 5 state extradition compact. Stay at home buddy as few seem to know exactly where you live. No midnite Wally World, or Oh-dark hundred coffee trips, or road trippin around admiring your handy work cause they be out to get cha.
Edited by chaskaduo - 09 Mar 2019 at 9:54am |
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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HD6GTOM
Orange Level Joined: 30 Nov 2009 Location: MADISON CO IA Points: 6627 |
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Dad ratted old machine must be 1/2 way on the blink. Got both snow and rain here today. I wish, instead of a restraining order, someone would just restrain that young feller !!
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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But Ray this is America, we got laws.
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9275 |
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He must be running out of ingredients. He had it wound up tight yesterday and zeroed in on us again but all we got was 60 mph wind and the roof tore off the bowling alley and the Smokehouse.
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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He got me with the 3 inch part of 3 to 6 inches here in the Twin Cities. 29 above right now.
Edited by chaskaduo - 10 Mar 2019 at 2:29pm |
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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Ray54
Orange Level Access Joined: 22 Nov 2009 Location: Paso Robles, Ca Points: 4367 |
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An Shameless has broke dang near everyone of them. And a couple of them 3 or 4 times a day. So we can which could , or we sit back and watch the show. I sure hope him and his "machine" screwing around with mother nature don't mess up all the "fruits" and "nuts" out here. The trees don't make much crop with the blossoms blown away, or the little nut frozen. |
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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Ya I hope you fruits don't freeze your nuts off either. I mean.
Edited by chaskaduo - 10 Mar 2019 at 9:00pm |
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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Ted J
Orange Level Joined: 05 Jul 2010 Location: La Crosse, WI Points: 18724 |
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I think that Shameless has been running his machine on HIGH for TOO long,,,,,,,,,he's gone and burned something up on it. We had quite a mess around here too, lots of rain a little sleet and a little snow, but a BIG MESS!! And I ain't sayin thanks either buddy!!
But I will say thanks for shutting it down for the season.....we're scheduled for rain for the next two days. BUT, with all the snow and ice we have now, it's gonna be an even bigger mess before it's through.....Pffffftttt!!! |
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"Allis-Express"
19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
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tadams(OH)
Orange Level Access Joined: 17 Sep 2009 Location: Jeromesville, O Points: 9668 |
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Maybe he's trying to use it to make heat to replace them pelts he can't get no more of.
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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me thunks….someone found the machine and poured sum salt in it! it's all flushed out now....I think
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JC-WI
Orange Level Access Joined: 11 Sep 2009 Location: wisconsin Points: 33656 |
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Don't go tryin to resurrect that dang BLASTED machine of yours... There were good reasons for it to be put down...
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He who says there is no evil has already deceived himself
The truth is the truth, sugar coated or not. Trawler II says, "Remember that." |
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chaskaduo
Orange Level Joined: 26 Nov 2016 Location: Twin Cities Points: 5203 |
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Salt in it, maybe that's why it's raining now.
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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Ted J
Orange Level Joined: 05 Jul 2010 Location: La Crosse, WI Points: 18724 |
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The heck with the salt,,,,,,,,ya gotta find his cache of ping pong balls and stuff it full of them and toss a match........
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"Allis-Express"
19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
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