UPDATE: Outrage! Court seizes people’s homes based on ‘hearsay’

Comment by Jim Campbell

November 5th, 2020

So much for Due Process and the 14th Amendment.

What about “Too The Republic For Which it Stands.

No sworn witnesses, no authenticated evidence, no transcribed proceedings, files destroyed

By WND Staff


Published July 5th, 2020

There are no transcribed proceeding notes, and some files apparently have been destroyed.

In short, Division 14 of the Shelby County, Tennessee, General Sessions Court fails to follow the Tennessee Rules of Evidence or the Tennessee Rules of Civil Procedure.

Nevertheless, the court has assumed the authority to take homes from people who now are homeless, prompting a federal lawsuit.

Outrage! Environmental Court seizes people’s homes based on ‘hearsay’

“It is not an exaggeration to say that the Shelby County Environmental Court ruined Sarah Hohenberg’s life,” said the Institute for Justice, which is representing Hohenberg as well as Joseph Hanson.

Regarding Hohenberg, IJ said: “In 2009, a tree fell on her home causing significant damage. While she tried to get her insurance to pay for repairs to her home, Ms. Hohenberg’s neighbors sued her in the Environmental Court. The court’s multi-year proceedings left her without a home, without her possessions, bankrupt, and a fugitive from the law.”

The new case against the Democrat-run city and its court processes is in U.S. District Court for the Western District of Tennessee.\”The Shelby County Environmental Court proceedings involving occupied homes do not come close to meeting the standard required by the U.S. Constitution,” said IJ Senior Attorney Bill Maurer.

“A courtroom that does not verify evidence, hear testimony under oath, transcribe its proceedings or keep records is no court at all.”

The Tennessee Legislature in 2004 passed the Neighborhood Preservation Act to let private and government entities sue to enforce municipal code violations.

In Shelby County, it’s the Environmental Court that reigns in such disputes.

IJ said that during the proceedings against Hohenberg, the Environmental Court ordered her to sign a quit-claim deed so the house could be auctioned off to the highest bidder.

“She refused to sign the deed. The Environmental Court issued an order of contempt and arrest. Fearing that jail would kill her in her fragile physical state, she fled to stay at a hotel in Mississippi.

The Environmental Court then ordered her personal possessions to be removed from the house.

Since she was too ill to move her possessions herself, and too poor to hire someone to do it for her, the city of Memphis placed her possessions in the street, where her furniture, personal possessions, financial records, and papers were either carried away or lost.”

The shortcomings in what most would consider reasonable judicial standards are enormous, the case reveals.

“Private plaintiffs or Memphis code enforcers present unsworn, unauthenticated information about defendants’ homes. Neighbors testify against a defendant by being called upon in the audience and asked to stand and speak.

Anyone wishing to review what happened in a case against them is typically out of luck—many case files are lost, destroyed or may not have been created in the first instance.

While defendants are technically able to appeal Environmental Court decisions, there is no record, evidence or transcripts for an appellate court to examine.

Put another way, defendants have the right to appeal in name only.”

Hohenberg, through her lawyers, said: “My home, everything I had, is now gone. And there’s no record of why it was taken away.”

“Private plaintiffs or Memphis code enforcers present unsworn, unauthenticated information about defendants’ homes. Neighbors testify against a defendant by being called upon in the audience and asked to stand and speak.

Anyone wishing to review what happened in a case against them is typically out of luck—many case files are lost, destroyed, or may not have been created in the first instance.

While defendants are technically able to appeal Environmental Court decisions, there is no record, evidence or transcripts for an appellate court to examine.

Put another way, defendants have the right to appeal in name only.”

“By the time the Environmental Court was finished with her, she was bankrupt, homeless, stripped of her possessions, and a fugitive from the law. This complete lack of due process is unconstitutional and a disgrace.”

“Despite no testimonial or evidentiary basis, the Environmental Court jailed Mr. Hanson numerous times, bulldozed his home and destroyed his possessions.

He, too, is now homeless.

The case seeks a court declaration that the proceedings have been illegal, along with compensation for their losses.

It contends that city officials knew “the court lacked constitutionally sufficient due process” but they decided to “continue collaborating and funding ongoing code-enforcement operations designed to send property owners to … litigation.”

Hohenberg, the complaint explains, owned her property outright, and after a storm dropped a tree on the main house and made it uninhabitable, she lived in a two-room outbuilding while she sued her insurance company for repairs.

During that time, her neighbors, Frederick and Mercedita Neal, sued her for $30,000, and she was forced to spend $100,000 defending herself.

Eventually the court simply appointed an organization, Neighborhood Preservation Inc., as receiver for her property.

The court ordered her to sign over title, and when she refused, ordered her arrest.

Her possessions were thrown onto the front yard and were lost. She fled to Mississippi to avoid incarceration, and she lives there now in a hotel room.

The Environmental Court then dismissed the charges, meaning she was not allowed to appeal.

THE END

About JCscuba

I am firmly devoted to bringing you the truth and the stories that the mainstream media ignores. Together we can restore our constitutional republic to what the founding fathers envisioned and fight back against the progressive movement. Obama nearly destroyed our country economically, militarily coupled with his racism he set us further on the march to becoming a Socialist State. Now it's up to President Trump to restore America to prominence. Republicans who refuse to go along with most of his agenda RINOs must be forced to walk the plank, they are RINOs and little else.
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4 Responses to UPDATE: Outrage! Court seizes people’s homes based on ‘hearsay’

  1. GP Cox says:

    There’ll be no justice for the poor woman – and you know why.

    Like

  2. We gave up Due Process when Bush got that damn “Patriot” Act.

    Like

  3. nootkabear says:

    How very sad. We have been trying to help people fight foreclosures for 15 years now. I have not yet run across what you have described here. There is something similar, but not nearly as bad that a friend deals with out in California. These municipalities start thinking they are gods and in enforcing the code enforcement laws, go overboard.

    In 2008 Goldman Sachs said that only rich people should own houses, and I be damned, if it didn’t start becoming the truth. Now this? Since when should these assholes be able to take your home because your neighbor decided that you shouldn’t have weeds (spinach) growing in your backyard (CA)?

    I think that these do-gooders, need to mind their own damned business, especially when someone is suffering from a hardship. That poor woman did nothing to no one, and it cost her, her home. Foreclosure hell alone is bad enough, but now it looks like if they can’t get your home one way, they will get it another way.

    Hell is too good for the people, the banks, the counties, and anyone else, that do these things

    Like

  4. Pingback: Outrage! Environmental Court seizes people’s homes based on ‘hearsay’ — Jim Campbell’s – The BlackRobed Mafia

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