Lawsuit: Dismissed The People of Stratham v Mickichu and the Government

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ZeketheKaiser

Department of Economy
Department of Economy
Lawyer
ZeketheKaiser
ZeketheKaiser
Treasurer
In The Distinguished Court of The Stratham Republic
CIVIL ACTION
Date: 7/1/22

Class Action (darkkgrey, UnityMaster, IAmA_MoronXD) | MegaMiner (First Chair) and ZeketheKaiser (Second Chair) representing.

v.

Mickichu and the Government of Stratham

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:

Cherub’s administration began a project which is known as the relocation of Queen Street. This project would see plot owners in the Queen Street district lose their plots or have them transferred to the Olympic Village. The law for taking private property, which includes plots in the capital city, is set out in stone here: https://www.mcbusinesscraft.com/forum/threads/land-acquisition-act.15008/. This law has been followed by past administrations, however, upon taking over Cherub’s administration, Mickichu looked to cut corners.

Mickichu knew there was little time left in Government to complete the Queen Street relocation, therefore rushed to get it completed. What occurred was the complete ignorance of many plot owners, business owners, and players. Mickichu began removing plot owners, who did not choose to relocate and wanted to stay in Queen Street, by taking the property away and refunding plot owners 90% of their plot value (use of /as sell, as shown in evidence). When players tried to question it privately they were ignored, and when they tried to raise concerns publicly, their concerns were downplayed. Mickichu even admitted publicly that plots did not go through the correct process, but she did not care because she wanted to get at least 1 big thing done for her 3 months in office (evidence).

It was Mickichu’s duty, by law, to send out ‘Intention to Acquire Letters’ to all plot owners who were affected by the relocation. As shown in evidence, the letters were not properly conducted, nor did the administration follow up on those who chose not to agree to the original proposal. Poemhunter, Mickichu’s representative in these Land Acquisition discussions, stated that he would get back to the individuals who wanted to “settle” (evidence), however, due to Mickichu’s ignorance of the law, Poemhunter never followed through. What followed was the forced removal of these plot owners without any notice.

For plot renters, they did not receive proper notice that their plots would be seized. The rights of all players state: Players will have the right to be notified at least 3 days in advance of eviction from a property they own or rent. As we will show through witness testimony, the players were not notified of any eviction and lost their property without notice. This is a violation of their rights.

The facts of this part of the case are that Mickichu and her administration rushed the relocation of Queen Street, ignoring the legal processes that the Government is bound to follow and violating the Queen Street tenants' constitutional right to be notified 3 days prior to being removed from their plots.

Furthermore, Mickichu used her powers in order to gain something of value, a violation of the Sherlock Accords. When constructing the new Olympic Village, Mickichu herself had built a building on a plot and then gave the plot to her Deputy Prime Minister Windows_Dog for 1 kruna (evidence), other plots in the Olympic Village cost the average player 30,000 krunas, but that is not the case for Windows_Dog’s plot. This plot was constructed and given, by the PM, to the DPM; with the PM remaining added to the plot. The plot is a pub called the 5 Rings, and it sells drinks to people.

Therefore, while every other player on the server has to spend 30,000 krunas to afford their own plot, Mickichu decided to give one to Windows_Dog for essentially free (her current close friend and DPM at the time). Not only that, but 5 Rings also has multiple billboards posted around the store, with no record of application for the billboards which is required for every other player. Every player on the server, in order to have a plot like Windows and Mickichu’s, must spend 30,000 krunas, apply for a billboard on forums, and ask for permission for constructors to build little tables and chairs outside their plot. But Prime Minister Mickichu instead used her position in Government to give her and her very close friend all these things for 1 kruna cost. There is no justification for this, this is a violation of the Sherlock Accords, plain and simple.

I ask the courts to issue a subpoena to Mickichu and the Government to hand over all relevant documents relating to the Queen Street relocation, including but not limited to: plot owners, offers made, and official discussion of the relocation in cabinet discussions.
I also wish to state to the courts that I know this is the first time Class Actions have been used, and there is no precedence for them, but based on a common-law idea here: https://www.law.cornell.edu/wex/class_action, would the courts allow us to add plaintiffs to this case if more come forward with similar damages? We do not have a list of all plot owners in Queen Street, therefore have not been able to construct a particularly large list of clients on the Class Action, but given that we have already found multiple cases, it is very likely that we will find others that were affected. I would also like to note that we can treat Mickichu separately to the Government, however, facts will apply to both as Mickichu made decisions on behalf of the Government.

II. Parties
1. Class Action
Darkkgrey
IAmA_MoronXD
UnityMaster
2. Mickichu
3. The Government of Stratham

III. Sequence of Events
1. Cherub’s administration pushes for the relocation of players' plots from Queen Street to Olympic Village.
2. Poemhunter sent out messages to affected plot owners to begin the process of relocation. This message did not fulfill the requirements of an Intention to Acquire Letter, having not stated: “The intended utilization of the land” that the Government was seizing.
3. Mickichu became PM after Cherub's resignation and began moving plots before they had been legally acquired.
4. Mickichu removed multiple players illegally from their plots, ignoring the process set out in the Land Acquisition Act. She also violated the right of players to be notified at least 3 days in advance of eviction from a property they own or rent.
5. When confronted in public with what she had done, Mickichu brushed it off with “why bother?”
6. It was discovered that not only has Mickichu violated numerous laws regarding plots, but she also used her office of PM to give a free plot to her close friend. This is a plot she is added to, a clear violation of the Sherlock Accords which state: “benefit one's private interests or corporate ventures. By applying for a position or being elected into a position, the player agrees to serve the server over themselves.”

IV. Claims for Relief
1. Mickichu violated the Land Acquisition Act, illegally seizing private property.
2. Mickichu violated the right of players to be notified at least 3 days in advance of eviction from a property they own or rent.
3. Mickichu violated the Sherlock Accords by using her office to give a free plot to a close friend that she was later added to.

V. Damages
1. Mickichu is removed from all positions in Government and banned from running for public office for 2 months.
2. Mickichu issues a public apology.
3. Mickichu pays all members of the class action 200 krunas each for legal fees, 800 krunas each for loss of time and emotional damage, as well as 5,000 krunas each for violating these people's right to be notified of their plots removal. A total of 6,000 krunas to be paid to each affected person.
4. The Government provides every plot owner wrongfully removed from their plots with 30,000 additional Krunas (the full price of the plots they were removed from).
5. The Government provides every plot renter wrongfully removed from their plots with 5,000 additional Krunas.
 

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Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Evening,

I have a few things to say before summoning the Defendant. I am going to treat Mickichu as the main Defendant as it was her Government at the time. The same as before does apply, Mickichu may allow for the Attorney General or any Government figure to represent her.

In regards to the Class Action aspect of this case, I am more than alright will allowing for such to take place, I am actually glad such a thing can be established in these courts. However, I am on the edge with the idea of adding more individuals as they come along. That, in my mind, seems slightly unfair to the Defendant; especially, with the large amounts of relief requested. I think it is best to say for now that we will handle relief as an aftermath to the case, almost separate to this case actually, and discuss it after the verdict. From there we will find the best solution for both parties.

Finally, when it comes to the subpoena of relevant documents, I will circle back to that after the Defendant responds with their Answer/MTD to see whether or not the case will first continue. If it does, I will allow for the Defense to argue any reason for why the documents, or specific documents, should not be handed over to essentially the public. From there, we will work out what to do.

With all that being said,

@Mickichu is hereby summoned to the court to acknowledge the case. If the Defendant, @Mickichu , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Cooleagles Bear in mind to not reply to court cases unless summoned by the Judge!
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Additionally, I noticed two chairs representing the Plaintiffs. The Court asks that only one lawyer respond to keep things simplistic. If there were certain sections in which you two have divided amongst yourself, I may be able to allow that; however, there will be no more than one of you per section.

Please feel free to ask any questions about this.

That is all,
Thank You.
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Morning,

By request of the Defendant's counsel , a 24-hour extension has been granted.

That is all,
Thank You
 

bharatj

Moderator
Staff member
Moderator
Member of Parliament
Department of Justice
Department of Construction
Lawyer
bharatj
bharatj
MemberOfParliament
Your Honor,

To begin, I would like to state that the claims of favoritism and Mickichu acting in a manner that violates the Sherlock Accords is untrue. The plot was given to Windows_Dog in a staff matter so that he may test out new drinks he was thinking of implementing into the server. It is for this reason, “he” has received the plot for such a low price. In addition, not a single drink was sold to anybody. In only one instance did anybody visit this building, and that was after an event, where drinks were given out for free. Neither Mickichu nor Windows gained anything from this plot and it was given to Windows for a staff matter. Therefore, I request the courts to clear those charges from this lawsuit.

Going back to the points that the plaintiff first stated, Cherub, as the Prime Minister at the time, announced that Queen Street would be relocated and his administration started work on negotiating with the tenants. It was after this point that Moron and another individual bought a Queen Street plot after the announcement was already made. That may raise the question of why the plots were even still for sale after relocation as a project began. The answer to that is simple. When the administration was asked to make plots no longer purchasable, there was a delay between the request and the administration following through with the request. In that gap, a couple plots were purchased, including that of Moron’s. Even though it was not the fault of the Government that those plots were still available to buy, Mickichu reached out to those plot owners and everyone was okay with either selling their plots back or relocating.

Considering that all tenants agreed with the compensation they were receiving, the defense does not believe that the damages being asked are reasonable. While the words “intended utilization of land” was not stated in verbatim, the reason for relocation was described in the message that the plaintiff used as evidence. In the same image, Unity has also agreed to a buy out from the Government.

In the evidence attached:
- The barrels do not have shop signs, therefore alcohol cannot be sold through a chest shop to players
- The conversation with Trace proves the point that no money was made from this bar
- The chests show all of Darkgreys belongings. He was unsure of whether to keep the plot and so his building was bordered off and his chests kept inside as well as elevators (chests and items he has claimed the government lost)
- The remaining screenshots are discussions the Office of the Prime Minister had regarding moving Queen Street to the SSA complex

Thank you.
 

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bharatj

Moderator
Staff member
Moderator
Member of Parliament
Department of Justice
Department of Construction
Lawyer
bharatj
bharatj
MemberOfParliament
The remaining evidence that couldn’t be attached in the first response.

Edit: I forgot to clarify 2 screenshots, I apologize. One screenshot shows Micki asking staff to remove Queen Street plots from being purchasable on April 21, 2022. Another shows when it was done on April 22, 2022.
 

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Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Morning,

The Defense's response is noted.
Seeing that the Defense has only mentioned dismissal of the Sherlock charges, I ask the Plaintiff to respond to their point. After the response, I will decide whether or not to dismiss the charge. The Plaintiff is given 48 hours to do so.

Additionally, seeing that the case will continue, I also ask the Plaintiff if they still wish to subpoena any documents as a lot of evidence has already been presented by the Defense. If so, then I will most likely opt for a sidebar to discuss with both parties.

That is all,
Thank You
 

ZeketheKaiser

Department of Economy
Department of Economy
Lawyer
ZeketheKaiser
ZeketheKaiser
Treasurer
Your honor,

Given the light of recent events we will be withdrawing this case. I have never seen an owner completely takeover Government before, showing complete disregard for any laws made. Does the constitution or players rights even matter at this point?

Throughout my many lawsuits I have been unable to achieve real justice. Either the time has run out for my damages to be applicable or, like now, the owner has stepped in and blocked my damages from being applicable. The courts have tried their best but it is clear that time and time again, the opposition that I have faced have used dodgy tactics to avoid justice.

I wont get justice against those who commit corruption, violate rights, violate laws or skip over legal procedures.

It was only in our last case did CoolEagles express how the Owner is not all powerful, but it appears that those who think with a legal mind are wrong. The Owner can be dictator at any point they choose.This inactive owner has taken over and propped up corrupt politicians that are purposefully escaping justice, while banning other politicians that repeated the same actions.

It is a complete miscarrage of justice, one side is harshly punished while the other gets away with their crimes. Mickichu made player models for poems administration, during their election, that could only be taken from Namemc. One of these models includes ThomasBlinders (aka Dusty). If she went onto namemc she would’ve seen that ThomasBlinders was in fact Dusty. It seems like Mickichu also knew about this and proceeded to hide behind staff, like all these people usually do.

In short, we no longer achieve justice under the law, therefore, I see no point in using the courts anymore. The only power left in this server that brings any justice is the use of staff. Perhaps I should go make friends with an admin?

Thank you for reading, I rest my case.
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Evening,

Firstly my apologies for taking so long with a response, as I've been busy.
I apologize that the Plaintiff feels the way they do. I can ensure them though, that Justice is not gone and that the courts have not lost their power. I can ensure them and everyone that these times are not ones to look down but to look up. That goes to anyone and everyone. Continue to speak your minds for every voice is important and together we all collectively shall find the best solution to save this haven and community we all have taken part of.

That is all,
Thank You
Case Dismissed
 
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