Wish me good luck

@topffer (42156)
France
June 22, 2016 10:07am CST
Some members already know that I studied law during many years in college. I have never been a professional lawyer inscribed to a bar but I plead times to times. It is easier to defend others than to defend yourself, and I have had to start an administrative trial against a small town two years ago when they decided to classify many building plots that I own there as natural areas in their urban plan. These lands might be a lot of things, but certainly not "natural", and with this status they became worth nothing. The town was obviously cheating, and I decided to ask to an administrative court to cancel their new urban plan. But I specialized in criminal law, I knew nothing to administrative law and I had only 2 months to start the trial. I asked help to an old friend who is teaching administrative jurisprudence in a college, and he introduced me during a dinner to one of his previous girlfriends who is teaching urban planning law in another college. Both have written course books for college students and are among the best specialists in their respective domain : it was a dream team. For an administrative court, everything has to be completely written. I asked the court to cancel the urban plan globally or at least partially for some of my lands for misuse of procedures, violation of laws and misuse of powers. I wrote it and my friend and his ex corrected my prose like if I was one of their students, asking me to look at a jurisprudence and to add it or to insist on a law. I like the way they acted by helping me to write, but not by writing themselves. It is very kind and tactful, and they did not asked a cent for their great job. I could not hope to have better coaches. Instead of appointing a public servant to ensure its defense, the town decided to pay a professional lawyer specialized in administrative law to defend them, and I had to exchange memos with this lawyer, who has indeed denied my request (it is his job) but is also asking for damages, which is less fair as I am not asking a cent of damages to the town for the damages they did to me. The case will be judged by the court tomorrow. As I plead for myself, I have received a link to check online the way the public rapporteur will conclude tomorrow. The public rapporteur plays in a French administrative court the role played by the public prosecutor in a criminal court : he gives the opinion of the state on the case and tells to the court the way they should judge to follow the laws. The conclusions of the public rapporteur are "global or partial annulment of the urban plan". Apparently, he follows me completely, which is something relatively rare. An administrative court is never forced to follow the conclusions of the rapporteur, but they do it most of the time. We have again a general strike tomorrow, and I hope that I will have a train to go to court. It is the first time that I will plead in an administrative court. My friend told me to be brief and to avoid any effect or gesture like if I was in a criminal court. Lol, I have never been a dramatist, but, ok, I can be more serious than usual once : I will go there just to tell that I agree completely with the conclusions of the public rapporteur. It will be the shortest plea of my life. Wish me good luck please. PS : I apologize to not be very present and to not respond to your discussions today, I have some homework to do to prepare myself if a judge was asking me something about my case tomorrow. Sorry, I will try to catch up later.
18 people like this
23 responses
@Mike197602 (15512)
• United Kingdom
22 Jun 16
Good luck although I'm sure you won't need it...always good when the little man wins against the system
3 people like this
@topffer (42156)
• France
22 Jun 16
Yup, suing a city is a bit like the fable of the clay pot and the iron pot, but sometimes a clay pot might win.
1 person likes this
@Drosophila (16571)
• Ireland
22 Jun 16
why didn't you go to the bar?
1 person likes this
@topffer (42156)
• France
22 Jun 16
@Drosophila Among other things, yes.
2 people like this
@topffer (42156)
• France
22 Jun 16
Because I was more interested by archeology than by law : my master was about penal law and archeology, and the ministry of culture offered me a job as a mission head. I did an administrative job during a few years, before I managed to be a full time field archeologist : I was volunteering in archeology since the age of 16 and it was the dream job I always wanted to do.
2 people like this
@Drosophila (16571)
• Ireland
22 Jun 16
@topffer right.. so you like digging :p
2 people like this
@much2say (56057)
• Los Angeles, California
22 Jun 16
Oh my! It is good you at least have that bit of law background already and have found people in the know to coach you in preparation for this day. I'm wishing you good luck and hope all turns out in your favor!
1 person likes this
@much2say (56057)
• Los Angeles, California
23 Jun 16
@topffer Besides the knowledge, it certainly sounds like you know what to expect as well (that's good for confidence) . . . I sure hope the edge you have gives you the win! That's so interesting to me how you were into law AND archaeology . . . you must be one smart cookie, my friend!
1 person likes this
@topffer (42156)
• France
23 Jun 16
@much2say No, several friends have 2 or 3 PhD and are smart, but I am a very common man.
1 person likes this
@topffer (42156)
• France
22 Jun 16
I studied law up to a PhD, so I have more than a bit of law background, but quite nothing in administrative law, and I really needed help here. The conclusions of the public rapporteur are very good for me, and I hope that the court will follow them. I will have the judgment in 2 or 3 weeks I think.
1 person likes this
@LadyDuck (472114)
• Switzerland
22 Jun 16
Good luck, I know that until it's not over you can never be sure, but this matters seems to be in your favour, let's cross our fingers.
1 person likes this
@topffer (42156)
• France
22 Jun 16
Yes, it is favorable, but even if I win they will be able to appeal so I will not be sure before the end of the summer.
1 person likes this
@LadyDuck (472114)
• Switzerland
23 Jun 16
@topffer Well, it's not so long. My father had a rural land in Modena. The authorities "expropriated" the land (paying a ridiculous price) for public utility, because the railroad had to be built on these lands. In the early 90's we discovered that they did not use the land for public railroad, but they "sold" the land to FIAT for their high speed train. To cut short, we are still discussing this matter.
@Inlemay (17713)
• South Africa
24 Jun 16
wow - you have your hands full there and best of luck with the courts. did I miss this yesterday? How did it go then?
1 person likes this
@topffer (42156)
• France
24 Jun 16
It went even better than expected : the conclusions of the public rapporteur were completely favorable for me. He asked to the court to 1) annul the urban plan, because of a problem of procedure that I had raised (there was a problem in the deliberation of the mayor deciding that the town will have a new urban plan : it is file #1 in the dossier : if you annul file #1, you annul all following files because they have no legal basis) and 2) to classify my lands again as buildable areas, due to a manifest error of assessment from the town. I had asked for 2) on another legal ground, but the final result is the same. The President of the court took notes and has been kind when he asked for my observations. Now the court is not forced to follow the conclusions of the state, but they do it 9/10 times, and I will have the judgment in 2 weeks.
1 person likes this
@Inlemay (17713)
• South Africa
24 Jun 16
@topffer well then we wait with patience for a favorable outcome, keep us posted and dont fret too much on what might happen . . . be positive all the way "bonne chance"
1 person likes this
• Raipur, India
22 Jun 16
I love how well detailed the post was. Good to read it. And All the best for the trials from my side even though it is completely apparent that you have already won this one!
1 person likes this
@topffer (42156)
• France
22 Jun 16
Thank you. The court will probably give its decision in 2 or 3 weeks, but I think that I will have a good idea of the result tomorrow.
• Raipur, India
22 Jun 16
@topffer That's great you can anticipate the decision tomorrow itself you won't have to wait for it for another 2-3 weks.
1 person likes this
@Marcyaz (35316)
• United States
22 Jun 16
Good Luck and I hope the case goes your way. Agree with the conclusions of the public rapporteur.
1 person likes this
@topffer (42156)
• France
22 Jun 16
The conclusions are very good for me, but the court is not forced to follow them, and they can appeal. But it is on a good way .
@koopharper (7601)
• Canada
22 Jun 16
Hope your day in court goes well. I worry about zoning changes here all the time. Thankfully we live so far off the beaten path most public officials really don't care about the place.
1 person likes this
@topffer (42156)
• France
22 Jun 16
Their natural zones in the middle of a town are obviously wrong, and I hope that the court will follow the conclusions of the public rapporteur. But they can decide otherwise.
1 person likes this
• Canada
22 Jun 16
@topffer Fingers crossed.
1 person likes this
@epiffanie (11326)
• Australia
26 Jun 16
Wow! So many infos to absorb here, but I am fascinated by courts and law issues .. Good luck to you! .. My dream was to become a lawyer but didn't happen.. however, even at my age now, if I really want to, I could take up law.. But I'm too tired now to think deep .. lol
1 person likes this
@topffer (42156)
• France
26 Jun 16
Thank you. I studied law to obey to my parents, and becoming a lawyer has never been a dream job for me, but my studies help me times to times. If you are interested by courts, do not miss my next discussion about the "Froggate" that I will start in a moment, I think you will have some fun.
1 person likes this
@xFiacre (13150)
• Ireland
22 Jun 16
@topffer Good luck with all that. I hope you get a good result.
1 person likes this
@topffer (42156)
• France
22 Jun 16
Thank you. They will probably wait 2 weeks to give the judgment, but I will have a good idea of the result tomorrow.
@JESSY3236 (20046)
• United States
23 Jun 16
Good Luck.
1 person likes this
@topffer (42156)
• France
23 Jun 16
A bit late, but thank you. The conclusions have been even better than what I was expecting.
1 person likes this
@JudyEv (342083)
• Rockingham, Australia
23 Jun 16
The very best of luck with this. I do hope it goes well for you. Some big organisations/businesses can be bullies at times.
1 person likes this
@topffer (42156)
• France
23 Jun 16
Things went very well, thank you. Now I have to wait at least two weeks for the judgment.
1 person likes this
@Carmie (64)
22 Jun 16
I love reading lawyer's story. So please tell us what happened next, okay. ^_^ Good luck!
1 person likes this
@topffer (42156)
• France
22 Jun 16
I am also very interested by the result of this one. I will have to wait at least 2 weeks for the judgment.
@RubyHawk (99405)
• Atlanta, Georgia
22 Jun 16
My best wishes to you. I hope it works out well. You certainly sound well qualified.
1 person likes this
@topffer (42156)
• France
22 Jun 16
Thank you for your wishes. I was not qualified for an administrative court, but I have had the luck to find very qualified people to help me.
@jstory07 (139971)
• Roseburg, Oregon
24 Jun 16
I do wish you luck I hope you win your case tomorrow.
@cacay1 (83577)
• Cagayan De Oro, Philippines
24 Jun 16
I wish you good luck.The way you write is the way how a lawyer writes...so scholarly.
• Eugene, Oregon
22 Jun 16
I hope that the court's ruling is fair and equitable, as courts should be.
1 person likes this
@topffer (42156)
• France
22 Jun 16
Apparently the rapporteur of the state has been very fair, and I hope that the court will follow his conclusions.
1 person likes this
@paigea (36315)
• Canada
22 Jun 16
Good luck to you. I hope it all goes well.
1 person likes this
@topffer (42156)
• France
22 Jun 16
I cross my fingers. The direction of the conclusions of the public rapporteur are encouraging though.
1 person likes this
• India
23 Jun 16
hoping best for,and judgement in your favour
@tzwrites (4835)
• Romania
23 Jun 16
Good luck it seems like a complicated case/ situation to deal with.