School District Short on Learning, Long on High Paid Administrators

Troubled Christina School District - troubled because of its own mismanagment - has cut 374 teachers, nurses, specialists, and secretaries (according to a story in the News Journal); eliminated educational programs and cut back on basic supplies. But they haven't let a single high paid administrator go, nor cut any of those positions.

Where are the children in the District's self serving priorities?

I wish the State would take over this district, abolish it, and start from scratch.

Delaware Supreme Court Holds Door Open for Loser to Pay

Justice Jacobs delivered the panel decision which reversed a Superior Court denial of a request for attorney fees. The Court describes the "american rule" which generally requires each side to bear its own costs of litigation, and then holds that the lower court took too narrow of a reading of the "bad faith" exception.

In this case, where the contractor bulldozed down the historical buildings despite the denial of his application for a permit to do so, the Court was hard pressed to think of a worse example of bad faith.

The matter was remanded for Superior Court to take a new look at the request for fees by the Historical Society.

Photo by News Journal file/SCOTT NATHAN

This is Michael Zimmerman's method of dispute resolution. Remind me never to do business with him.

loser pays

Overlawyered pointed out this 9th Circuit case in which the District Judge made the loser pay for the expenses of the Respondents in defending against his frivolous claims.

It seems that the frivolous litigant sued the airport and its municipality because his private jet exceeded their weight restrictions. He had to use a smaller private jet to fly in and visit his vacation home. Awwwww!

The Court of Appeals remanded for a better explanation of the District Court's method of calculation... but it doesn't look like that's going to be a problem.

Fighting Back Against Red Tape Hassles

In a story i found on Ernie the Attorney, a person experiences great difficulties in cancelling his AOL account, and he gets it all on tape! Here's his TV interview, with audio from the event.

Massive publicity from this prompted an AOL apology and a firing of the CSR, along with a melt-down of the ISP-Server where the sound bit was originally hosted.

Buying Back Delaware's Courthouse

One of my favorite places in the City of Wilmingon is the old Daniel L. Herrman Courthouse, which was sold to MBNA four years ago when the Courts had decided to move to a new building.

The Wilmingon News Journal is reporting that the State is considering buying back the courthouse.

MBNA had purchased the building to use it as their corporate headquarters. MBNA was one of Delaware's true business success stories, starting out in a small shopping center in Ogletown, Delaware. It found success by partnering with affiliates, first Georgetown University and then many others, to become the world's largest independent credit card issuer specializing in affinity marketing.

At the time of the purchase, the building next to the Courthouse was the Bank's headquarters, and they had purchased additional buildings on blocks surrounding that building. Overall, they had seven buildings located in this central part of the City, and were planning on spending over $32 Million to renovate the old Court site.

After starting some construction on the Courthouse, including creating elevated walkways adjoining the building to other MBNA buildings, they halted construction after some internal changes in management including the retirement of the founder of the company, Charles Cawley, in 2003.

In 2005, MBNA was purchased by Bank of America, and developmental plans in Wilmington appear to have changed. Bank of America is contructing the Bank of America Tower in New York City to act as its headquarters. Rumors started circulating around then that the State might seek to repurchase the old courthouse.

Much of Delaware's history is tied to the Courthouse across from Rodney Square, in Wilmington. The tenth street side of the building was the long time home of the Mayor of the City, and an inscription above the door on that side read "City Hall."

The other side of the building had an inscription above it reading "Court House" and was home to a number of Delaware's Courts, including the Court of Chancery, and Delaware's Superior Court. Municipal Court, the Court of Common Pleas, the New Castle County Sheriff's Office, the Prothonotary, the Recorder of Wills, and many other offices held homes in the Building. A long hallway, from one side of the building to the other was where were people could come visit the Row Offices of the County.

A News Journal Article from 2003, MBNA pays homage to the past, notes that the building was constructed in the early 20th Century as part of an effort to beautify Wilmington, and provide it with a social center. As a place where one might conduct almost all business one could, with both the City of Wilmington, and New Castle County, it filled that role well. Add to it a central public square across the street in Rodney Square, named after Caesar Rodney, and you had a good start. The nearby Wilmington Library on another side of the Square, and a post office on the opposite side worked to help complete this social center for the town.

I've felt that the moving of the Courthouse brought a lose of a center to the City. Maybe it can refind it's focus if it goes through with this purchase.

Kilroy was here... and he talked about education

Another Delaware Blogger... at Kilroy's Delaware tonight is talking about Delaware's high drop out rates. Depending upon who you believe, they range from 18% to 39%.

Delathought Ducks for Deep Cover

I was saddened today to see that a fellow Delaware Blogger has been forced to close his/her blogging. I was sad because of a sense of loss as to our right to freedom of speech.

For fear of reprisals, Delathought indicates that he/she must give up this right. When Delathought gives up this right each of us, you and I, lose a little of ours.

I don't know what the issue is - who Delathought is said to have exposed - and frankly I couldn't care less. Part of it seems like an ongoing drama of petty politics. And politics are so disgusting that I can't bear to read as much about it as I should, in the fulfillment of my civic duties.

As long as Delathought was lawfully and responsibly exercising this right, then I support it. If instead there was maliciousness involved, then by dang it's a good thing it stopped.

The free (and responsible) exercise of our rights to free speech is our most important defense from tyranny and oppression. And if you think that there are not those in our government that would leap at the opportunity to oppress us, then you just haven't been paying attention.

I for one, would rather see your blog up and running constructively criticizing me, than to see someone sink into silence for fear of reprisals upon family and friends. But I am sometimes a realist too, and if necessary to protect my family and friends I like to think I could bring myself to shut up. It's a balance of idealism and realism that we each must at some point strike.