Major Setback in Naperville

March 22nd, 2013 – What the Naperville Setback Means for Our Michigan Strategy.  Federal judge issues decision, after 14 months of litigation, dismissing all four counts of the Complaint of the Naperville Smart Meter Awareness group and individual plaintiffs against the City of Naperville, Illinois.

The plaintiffs had argued that their rights to due process were being denied by the city, that their Fourth Amendment rights to privacy in the home were being violated, and that their Fifth Amendment rights against arbitrary taking of private property without just compensation were violated, and also had argued for a Federal Civil Rights complaint under Section 1983.  They had, over a year ago, argued for a temporary injunction to prevent the City of Naperville from forcing the installation of smart meters on unwilling homeowners.  The injunction, had it been granted, would have prevented the recent ugly incident where two Naperville women were carted off to jail for resisting smart meter installations on their own homes.  This injunction request was held to be moot in view that the entire lawsuit was being dismissed. 

If the Complaint was without merit, as the judge finally ruled, one wonders why it would take him 14 months to reach this conclusion.  It is true the judge dismissed most of the counts “without prejudice”, meaning that the plaintiffs were granted leave to re file their complaint after correcting what the judge held to be deficiencies.  However the judge gave plaintiff’s only 14 days in which to correct the alleged faults in their complaint.  Since the main deficiency alleged was failure to exhaust remedies in state courts, it is very hard to see how such a fault could be corrected in 14 days. 

Readers are invited to read the judge’s 24 page decision.

11-cv-9299-Memorandum-Opinion-and-Order-03-22-2013

What is apparent on reading this decision is the Alice in Wonderland world of federal law that has been created by Congress in passing statutes that grant vast powers to administrative agencies and simultaneously deny jurisdiction to federal courts to hear the most fundamental complaints of injustice, except in narrow areas that Congress carves out where it wants the courts to take an active role.

We earlier indicated that our strategy would be the initiation of a lawsuit against Detroit Edison and the Michigan Public Service Commission in a state trial court.  We believe that this still offers the best hope in light of what happened in Naperville, and also in light of what happened in Maine.

The plaintiffs in Maine had more success than those in Naperville in that they did get the Maine Supreme Court to order their PUC to reopen the smart meter case for a full consideration of privacy, health and safety issues.  However their supreme court also noted that they could not reach the Constitutional issues on an appeal from a PUC decision.  Plaintiffs there were instructed that, to raise such issues, they must initiate a lawsuit in a trial court in that state. Their victory may prove to be only temporary in that the Maine PUC is very likely to reach the same conclusion supporting smart meter deployment and requiring opt-out fees.  Only this time they will be sure to cross their t’s and do everything by the book.

What happened in the Maine Supreme Court may give us some indication of what we can expect when we appeal the decision of the MPSC granting opt-out fees to Detroit Edison and denying the right to keep an analog meter.  We encourage all our readers to watch the video of the Maine Supreme Court oral arguments here.

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4 thoughts on “Major Setback in Naperville

  1. This is such a blow to living and having an enjojable life . but i got news for the ones that dont feel anything and think we are a bunch of idiots just making a noise .Did you ever here the words DIDN T HAVE ENOUGH SENSE TO GET OUT OF THE RAIN .I have amobile home park amd i talk to all my tennants some feel it and some dont Guess what when it comes to blood pressure and your heart beat it does the same to everyone . The only thing tah i noticed on some people it takes just a little longer . There are many other symtoms but this one is really noticeable .
    I tried to talk to the power company anfd the manager stated he doesn t care but wants to pray . the other day i got a hold of one director and told him about another area that had the transmitter , he interupeted me and stated his dear friend lived over there and at 72 died from a stroke . The husband moved away and the big house is for sale and nobody is buying

  2. Just so you know, our friends in Naperville have a bit of a different take on the situation. Here’s the post from their website: “Federal Judge sends Lawsuit into Overtime”

    “Remember watching basketball games where the bully team racks up penalties and personal fouls, cheating their way toward a win? That team is the City of Naperville (CON).
    Naperville Smart Meter Awareness, the “good guys,” are consistently playing by the rules.
    CON pushes and shoves their way across the court, whistle blown on them left and right. NSMA goes to the line and sinks every free throw.
    By the end of the 2nd period, CON throws a 1/2 court shot and sinks it – TIE GAME. We go into overtime.

    “Over the past 14 months since our filing of the federal lawsuit, CON has filed multiple motions. We have countered with a logical and simple motion for preliminary injunction. The city forced the smart meters anyway. With all this chaos, the judge was juggling many basketballs.
    Friday, Judge John Z. Lee dismissed the case without predjudice, which means he couldn’t “call the game.” His 24-page opinion prompts us to file an amended complaint. This is a very normal part of the litgation process and in fact most lawsuits go throught at least one amended complaint. The judge’s lengthy opinion shows he has spent much time considering the valid and strong merits of our case. He also affirms NSMA as a valid organization to sponsor this case in his court. We are now in overtime.

    “We are pleased with this opportunity to refresh our complaint, so that our constitutional rights may be restored. Our work over the past year will enhance our filing. We will add new evidence, including the actions CON has taken to arrest 2 of our board members, trespass on properties without a warrant, and breaking and entering.

    {SNIP}

    “The city will spin this as a win for CON. But don’t let smoke and mirrors fool you. This is a win for the people and a huge opportunity for us.

    “We look forward to working with our attorney to refile our complaint by April 5 and move forward. Please stay tuned to our website and e-newsletter for more updates.”

    The Naperville team continues to inspire anti-“smart” meter groups all around the world with their bare-knuckled fight, as do you! Thanks to both teams for leading the way to healthy power.

    Terri

    • Terri, Yes I had read their “different take” on this decision, as you put it so well. One cannot help but admire their courage and resilient spirit in the face of such adversity. I hope we will hear in a few more weeks, as they evidently hope, that the judge has accepted their refiled complaint. May it be so.

  3. Hi David, This is heart breaking for a lot of us……….How can they do this??   Just more of our rights being taken away……….we must continue to fight and believe what is true………I will never agree to a Smart Meter on my home…………….it is so obvious they are just trying to kill us all………..But we will fight for our rights……….WE THE PEOPLE!!!!!!  Thanks for sharing…..   Donna

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