TKC BREAKING AND EXCLUSIVE NEWS!!! TRANSIT ACTIVIST CLAY CHASTAIN RAGES AGAINST KANSAS CITY MAYOR SLY'S LAWYER PAT McINERNEY LETTER WARNING OF COUNTERSUIT FOR DAMAGES!!!

This morning transit activist Clay Chastain is getting a good look at Mayor Sly and his peeps playing hardball.

To wit . . .

CHECK THIS PRESSER FROM CLAY RAGING AGAINST WARNING OF A COUNTERSUIT FOR DAMAGES IF AN APPEAL CONTINUES!!!

In Clay's presser, here's the money quote that he cites from a letter:

"Just as your action in the circuit court was frivolous, we believe any appeal of the Court's Judgment to the Court of Appeals is likewise wholly frivolous and without merit - and provides ample ground for the court to award damages."

The judge has already ruled, now you decide who is right . . . Read both sides from Clay's presser after the jump:

James' attorney, Patrick McInerney, bullies Chastain with new lawsuit threat

As you might expect, one bully (Mayor James) has another bully (Attorney Patrick McInerney) representing him in my legal effort to disqualify James for violating the law by being delinquent on his city taxes on the last day for candidate certification.

Trying to intimidate me, McInerney sent directly to me (without my attorney having given him permission) an inappropriate and unprofessional email communication (see included) saying he intends to file suit against me for damages unless I withdraw my "frivolous" appeal, though he had said earlier I had the right to appeal.

McInerney said the real reason I was doing this (I guess he already forgot he told the judge it was because I was, "trying to hijack a city election") was because I was trying to cause Mayor James financial hardship....one assumes Mr. McInerney doesn't come cheap.

How touching and lovely that one arrogant bully is coming to the aid of another arrogant bully.
Unfortunate for these two particular bullies, my father taught me this about bullies..."Feller," he said, " Stand up for what you think is right, but never be a bully. If bullied, don't back down even if you have to take a whupping. That way, you can always hold your head up."

For 23 years I have not backed down from various Kansas City Bully Boys.

See you in the court of appeals, Mr. McInerney.

Clay Chastain

Notice of appeal

Mr. Walton and Mr. Chastain:

I received the notice of appeal you filed on Friday night. This e-mail will advise you that your appeal of Judge Fahnestock's May 6, 2015 Judgment/Order will lead to our motion for damages pursuant to Rule 84.19 of the Missouri Rules of Civil Procedure. Just as your action in the circuit court was frivolous, we believe any appeal of the Court's Judgment to the Court of Appeals is likewise wholly frivolous and without merit - and provides ample ground for the court to award damages.

This is based on the way that Missouri courts have looked at and sanctioned frivolous appeals. Even before your articulation of the issues on appeal or your "argument," the legal analysis employed by Judge Fahnestock makes it crystal clear that your appeal can present "no justiciable question . . . [and is] so readily recognizable as devoid of merit on the face of the record that there is little prospect of success." Biersmith v. Curry Ass'n Management, Inc., 359 S.W.3d 84, 89-90 (Mo. App. W.D. 2011). That these standards are met here is clear for three primary reasons:

· As was demonstrated and as you stipulated, there were no facts - none - supporting the conclusion that Mayor James violated the candidate qualifications set out by either the City Charter or Missouri Statute;

· You knowingly relied on 115.346, RSMo as a basis for the claims in your First Amended Petition - a Missouri statute that was repealed in 2014. You offered no argument distinguishing your situation from the one addressed by the statute, and no argument (good faith or otherwise) that existing authority should be overruled. See, Fields v. R.S.C.D.B., Inc., 865 S.W. 2d 87, 879(Mo. App. 1993); and

· Both Chastain and Lee were long out of time and without standing to raise their respective challenges and there is no saving or relation back authority whatsoever.

The fact that you would appeal such a complete legal defeat on the same untenable legal and factual grounds is further evidence that the real goal of your efforts is to deplete the personal resources of Mayor James, knowing that Missouri statute does not allow for the Mayor to use campaign funds to defend against even your rejected claims.

Patrick A. McInerney
Licensed in Missouri and Kansas
#############

Developing . . .